MOST IMMEDIATE

A meeting of British Commonwealth representatives was held this
evening and the question of procedure for treaties was dealt with.

Dominions Office No- 41 paragraph 5 shows a big advance by the
Soviet Delegate on the question of consultation and association by
active belligerents but his proposed paper may modify this. [1]
You will appreciate that he is contemplating post Moscow steps and
not procedure relating to the present meetings.

On Thursday we will put an oral case on procedure and general
opinion of Strang and meeting was that, while the Soviet Delegate
would not refuse to hear us, it would be difficult now to get the
Deputies to adopt the procedure and methods we are advocating for
this first step.

However, we will fight hard on this and all other Dominions will
subsequently support. The immediate question for your decision is-
1. Whether we, at this stage, put in a written paper on substance
and discuss first procedure and then substance on Thursday.

2. Make no further written communication at this stage, and
discuss procedure solely on Thursday.

3. If the Deputies adhere to their rigid interpretation or rather
fail to move Gousev, refrain from putting in any written paper on
substance and refrain from commenting orally on substance.

As to 3, we feel in the light of Dominions Office 41, we are going
along reasonably well, and it would be a tactical mistake to
refrain as other Governments will certainly put up papers and
elaborate orally. South Africa will speak on both procedure and
substance. In this respect, Canada has today asked the Deputies
the question 'what assurances are the special Deputies prepared to
give to the Government of Canada that opportunity will be given at
a future date to discuss the settlement with Germany either with
the special Deputies or with the Council of Foreign Ministers?'.

In the first place, Deputies cannot give such an assurance as this
is a matter for C.F.M. but Dominions Office 41, paragraph 5 would
appear to meet it.

The Canadian High Commissioner is under some doubt if his
Government will put in a paper unless Canada is satisfied with
recommended procedure after Moscow. But Strang replies they cannot
at this stage indicate what their recommendations will be.

Would also be glad if you would give your views on how you
visualise working out of consultation after the C.F.M. lay down
any general principles or directives until the final Peace
Conference or signature Interim Agreement. South Africa envisages
creation after March 10th of four committees with sub-committees
in the work of which-
(a) presentation of oral and written views,
(b) right to obtain documentation,
(c) right to discuss directives.

They are working out a paper on these lines to present to the
Deputies assuming Australia is not ruled out of court on procedure
on Thursday.

Hearings on Austria are being held separately this week, and we
are due to speak on Friday. Your decision on Germany will
determine whether we put in a written paper beforehand.

Suggest you might repeat your reply to Capetown, Ottawa and New
Zealand as another meeting is being held on Friday morning and
they are all vitally concerned.