Prosecution of strikers ‘not decision for Govt’

Press, 18 May 1984, Page 4

Prosecution of strikers ‘not decision for Govt’

Parliamentary reporter The Acting Prime Minister and Attorney-General Mr McLay, said yesterday that he did not intend to tell the Secretary of Labour to prosecute striking freezing workers, although he regarded their strikes as illegal. “Very clearly they are illegal stoppages,” Mr McLay said. The stoppages also breached long-standing agreements between the companies and the unions

about killing stock in transit. “Both are being breached, the law and also the agreements,” he said. Any decision to prosecute illegal strikers was one for the Secretary of Labour to make, he said. "If strikes are illegal, then in the normal course of events I would expect to see prosecutions. But I emphasise that it is not a decision for me, it is not a decision for the Minister of Labour, Cabinet or caucus.

It’s made by the Secretary of Labour.” Mr McLay said it would be quite wrong for him to attempt to influence the secretary’s decision. “Finally there is always a discretion as to whether a prosecution is brought. Discretion is exercised by the police or the secretary or whoever," he said. The referral of the dispute back to the Arbitration Court was the “proper” course of action open to the freezing companies, he said.

The Government caucus however yesterday looked at possible courses of action as an alternative to court action. “But it’s quite clear that that’s the appropriate course of action to be adopted at the moment,” he said. The Government had no direct role yet but it would remain “very close” to the situation and would follow the Arbitration Court’s proceedings “with very real interest.”