(1 day, 6 hours ago)
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Kim Johnson (Liverpool Riverside) (Lab)
I thank the Backbench Business Committee for granting this important debate on the historical injustice of the wrongful imprisonment of 37 Cammell Laird workers who, in 1984, occupied their workplace in protest at redundancies, privatisation and threats of closure. They were sacked, they lost their jobs, redundancy and pension rights, and they were sent to prison in an unprecedented assault on trade unionists. They have been fighting ever since to clear their names. It is my honour to be their voice in this place today. I note for the record that I chair the all-party parliamentary group on miscarriages of justice.
I will begin by recognising the work of those who helped to bring this debate here today: the 37 themselves. They are Billy Albertina, Eddie Albertina, Francis Albertina, Jimmy Albertina, John Albertina, Jimmy Barton, Christopher Bilsborough, John Brady, Michael Byrne, Thomas Cassidy, Thomas Culshaw, John Dooley, Lol Duffy, Colin Early, Nicholas Fenian, Joe Flynn, Andrew Frazer, Barry Golding, Paul Hennessey, Edward Kenny, Paul Little, Eddie Marnell, Jimmy McCarthy, Anthony McGarry, Philip McKeown, Michael Mooney, Aiden Morley, Sam Morley, Alan Prior, Francis Roach, Stephen Smith, Christopher Thompson, Tommy Webb, Tommy Wilson, Chris Whitley, George Whittaker and John Wright.
I want to thank several other people, including the previous MP for Birkenhead, my very good friend Mick Whitley, whose brother was one of the 37. I thank him for his tireless work and campaigning both in and outside Parliament. I thank, too, my hon. Friend the Member for Harrow West (Gareth Thomas) who led the Westminster Hall debate on this topic back in 2023, and has continued to support the campaign. I would also like to recognise the contribution of my hon. Friend the Member for Birmingham Northfield (Laurence Turner) who has a long history of supporting the campaign as a GMB officer. He used one of his first written parliamentary questions as an MP to secure a commitment from the then Justice Minister, my right hon. Friend the Member for Swindon South (Heidi Alexander), to consider a review into the jailing of the Cammell Laird workers.
Laurence Turner (Birmingham Northfield) (Lab)
I congratulate my hon. Friend on securing this debate and on again reading into the record the names of the 37. I hope I might put two sentiments of my own on the record. First, I pay tribute to the work of Eddie Marnell who, over many years as a member of GMB’s north-west and Irish region and central executive council, championed their cause outside this House and, through the union, inside it. I also pay tribute to the work of my former colleagues at GMB; I can attest to the many hours that have been spent in support of that cause, and I understand that the union is due to meet the campaign again in the new year.
Kim Johnson
I echo my hon. Friend’s support for Eddie Marnell. I look forward to the continued support of GMB going forward.
Jim Shannon (Strangford) (DUP)
I commend the hon. Lady for securing this debate. I also attended the 2023 debate in Westminster Hall with her and other Members, and I fully support the campaign. During the earlier statement on resident doctors, she referred to standing on a picket line. Like her, I have stood on the picket line along with nurses and others in Newtownards on many occasions.
The imprisonment and removal of redundancy packages would not normally occur in any instance where a workforce had decided to strike, and many of these workers never regained stable employment. Does the hon. Lady agree that there is a case to be answered in terms of the regaining of finance, and that more must be done to seek justice for the 37 workers who still suffer today and have not had justice?
Kim Johnson
I totally agree: justice does need to be served, and the 37 have been affected because of the financial demands put on them because of the action they took. They were striking workers, not criminals, and they should never have gone to prison.
I pay tribute to Paul Heron and Clare Lash-Williams, who are providing legal advice for the campaign, with the intention to launch a successful legal appeal against the original charges. I also thank GMB union for its support; I look forward to its continued support going forward.
In 1984, faced with sweeping redundancies and the decline of the shipbuilding industry, workers at Cammell Laird occupied their workplace, including a gas rig and a Royal Navy frigate, to resist job losses and defend their livelihoods and communities. Management’s response, backed by the Government at the time, was swift and very heavy-handed. The workers were threatened with dismissal, the loss of their redundancy payment, and even police intervention. They were deliberately targeted to send a warning to others—an attempt by the state to break industrial action and demoralise workers taking strike action across the country.
The workers reluctantly agreed to end their occupation in September 1984 after weeks, when their water supply was cut off. They were immediately arrested for failing to turn up to court for an earlier judicial review hearing. They were convicted in their absence and sent to Walton jail, Merseyside’s category A high-security prison. Their appeal at the High Court in October 1984 was presided over by Lord Lawton, who had been a member of Oswald Mosley’s British Union of Fascists, had visited Hitler in the 1930s and had been selected to run for Parliament. He was a long-standing enemy of the trade union movement and would have been only too happy to uphold the unprecedented 30-day prison sentence for contempt of court, a grossly disproportionate punishment.
The whole case stinks of an establishment stitch-up. There were plenty of similar cases at the time, throughout the movement. Not even the National Union of Mineworkers leader, Arthur Scargill, was imprisoned, despite being convicted of the same charge. The only comparable case of an imprisonment of a large group of workers due to a national dispute was the Shrewsbury 24, and 47 years later, their convictions have finally been overturned by the Criminal Cases Review Commission.
When the 37 were charged with contempt of court and sent to a high-security prison, Liverpool city council was locked in a fierce battle with the Thatcher Government of the time over a £30 million cut to funding from central Government, after the Government deemed the council to have set an illegal budget. The council remained defiant, adopting the mantra. “We would rather break the law than break the poor.” More than anything, the council focused on building council homes and creating jobs—work unmatched by any other authority at the time. That was the political environment with which the Cammell Laird 37 had to contend.
The workers fought proudly not only for their jobs, but for the future of the shipyard. Their only crime—if it can be called a crime—was defending their livelihood. The strikers ensured that there was absolutely no damage to any property during their occupation. They even allowed Ministry of Defence inspectors into the occupation to inspect a frigate and to carry out maintenance work. Were they criminals? No. They were responsible trade union members, carrying out legitimate action at their own workplace, and respecting the property of which they were in control. For that, they were incarcerated in prison for 30 days.
The Justice for the Cammell Laird 37 campaign resonates deeply with my constituents in Liverpool Riverside, and with people across Merseyside. The 37 are widely considered to be heroes for standing up to Thatcher’s policies of managed decline, which destroyed our industries and decimated our communities. Their struggle took place against the backdrop of the broader union fight-backs, and parallel injustices, such as Orgreave and Hillsborough, in which ordinary people paid the price for fighting back against a Government hellbent on crushing working-class communities. Four decades later, the fight for justice continues. Sadly, half of the 37 have died while waiting for their names to be cleared. Action is needed now to ensure that the surviving workers receive justice, because justice delayed is justice denied.
I grew up in Liverpool during the Thatcher years. The neo-liberal policies enforced on our city would define us for years to come. Liverpool in the 1980s was highly dependent on the docks for work. We suffered unemployment rates of almost 50%. Our communities were deeply aware that the fight for jobs was not just about improving the current situation, but about preserving jobs and workplaces for generations to come. Thatcher’s privatisation drive resulted in British shipbuilders going from employing 62,000 workers in 1982 to just 5,000 workers five years later. In Merseyside alone, we lost 34,000 manufacturing jobs between 1978 and 1981 due to Thatcher’s policy of managed decline. It was this hollowing out of industry that these workers were trying to defeat. They deserve full recognition and gratitude for the struggle they waged, and an apology for the disgraceful way that they were treated.
The Justice for the Cammell Laird 37 campaign, like the campaigns on the Shrewsbury 24 and the miners’ strike, and so many other union struggles of the time, goes to the very heart of how Thatcher’s Government responded to workers who dared to stand up for themselves. I remember the police brutality inflicted on striking miners at Orgreave, followed by lies and cover-ups by politicians, the police and the media. I am proud that this Labour Government have now committed to a full inquiry into Orgreave. It follows logically that there should be a public inquiry into the jailing of Cammell Laird workers—a miscarriage of justice with many obvious parallels. However, the priority must be releasing the Government papers to help the legal team clear the names of the 37.
There is no doubt that this was a major miscarriage of justice, sanctioned at the highest levels of Government. No other industrial action resulted in so many men being sent to prison. The 30-day sentence was grossly unfair; by the time the men were released, they had lost their jobs, workplace rights, redundancy payments, and pension payments. Research by the GMB shows that at least one of the men could have lost £120,000 or more. Some were blacklisted for many years and struggled to find work afterwards, causing immense suffering and economic hardship. For that reason, we believe that there should be a public inquiry.
The limited records from the National Archives and Thatcher’s private papers demonstrate that Ministers were determined to privatise the building of warships, cut the number of shipbuilding yards, and sell off the remainder of the state-owned yards. The Cammell Laird 37 knew that was what they were up against—a Government hellbent on privatisation at any cost. It is that systemic and ideologically driven undermining of the British shipbuilding industry by a group of Ministers determined to drive through the complete privatisation of British shipbuilders, regardless of the wider economic and social consequences, which warrants a public inquiry, so that the 37 and all those impacted can understand why the treatment they received was so uniquely punitive and destructive.
A public inquiry is not merely symbolic; it is essential. It is crucial to understand how and why a Government acting through Ministers and the court imposed such punitive measures on ordinary citizens for exercising their right to industrial action. We call for the actions of Ministers from the time to be investigated, and for all the remaining records to be made public. That includes the Ministry of Defence and British Gas contracts, and any Crown Estate leases relevant for a future appeal. Following a GMB campaign almost a decade ago, the European Parliament committee on petitions called on the UK Government to release all relevant papers, but that has never been actioned. More importantly, we want a formal Government apology to these workers.
The legal team believes that the court was given inaccurate information at the time of the initial prosecutions, and that the workers may not have been lawfully dismissed. It argues that Cammell Laird may have had no legal standing to bring the claims that led to the injunctions, and that the occupation may have occurred on land that was not under the company’s control. These claims are groundbreaking, and, with the help of the Minister, we can ensure that the campaign’s legal team has access to the appropriate documentation to finally bring about justice for the 37.
During the 2023 Westminster Hall debate led by my hon. Friend the Member for Harrow West (Gareth Thomas), the Justice Minister at the time stated that
“this Department has conducted extensive searches of its records and those in the court and prison systems.”
He also confirmed that he understood that
“nothing has been found in relation to the Cammell Laird strike action or the strikers themselves.”—[Official Report, 7 February 2023; Vol. 727, c. 301WH.]
He stated that other Departments, including the Cabinet Office, Home Office and the then Department for Business, Energy and Industrial Strategy, confirmed that they “do not believe” they hold any relevant records, which I find quite astounding. However, the Cammell Laird campaigners believe that an exhaustive search has not been undertaken. Papers must exist relating to the closure, and every effort should be made to identify and release them.
Justin Madders (Ellesmere Port and Bromborough) (Lab)
I congratulate my hon. Friend on bringing this debate. I declare for the record my membership of the GMB trade union. I was at that Westminster Hall debate, in which the Minister at the time said that a search had been undertaken. Given what my hon. Friend has said today about the highest levels of Government pushing this issue forward, it is very hard for us to believe that an exhaustive search was conducted at the time. During the debate, the then shadow Minister said that a Labour Government
“would release documents held by Government relating to the Cammell Laird prosecutions and carry out a review into the jailing of the striking workers.”—[Official Report, 7 February 2023; Vol. 727, c. 298WH.]
Does my hon. Friend agree that we should be able to agree that very quickly indeed?
Kim Johnson
I totally agree with my hon. Friend, and I hope that when the Minister sums up, we will hear something direct in relation to that request. We need answers about who was behind the incarceration of the 37 Cammell Laird workers for contempt of court. Those men were not vandals or criminals. They were trade unionists defending their jobs, their pensions, and the future of the shipyard.
I would be grateful if, when the Minister sums up, he fully committed to the search for the truth—committed that the Government will release every relevant document, fully investigate the decisions that led to the imprisonment of those workers, and agree to meet the campaigners and the legal team to discuss what support they need to exonerate all those workers. Forty-one years on, the call remains the same: justice for the Cammell Laird 37. They deserve our recognition and gratitude for their courage in standing up and fighting back, and while this debate and whatever follows it will not undo the damage done to the lives of those men, their families and our communities, it will go a long way towards achieving justice. Jobs, not jail, must remain the guiding principle. Those men deserve our full support as they seek a formal Government apology and seek to clear their names. We will not rest until the truth is uncovered and justice is finally done.
The Parliamentary Under-Secretary of State for Justice (Jake Richards)
I congratulate my hon. Friend the Member for Liverpool Riverside (Kim Johnson) on securing this debate, and on her characteristically powerful speech on this important issue. I join her in praising all the campaigners, and in particular the 37 whose names she read out. I also declare an interest as a proud member of the GMB trade union, and praise that union’s work on this important issue.
As we have heard, in 1984, 37 workers were involved in an occupation at the Cammell Laird shipyard at Birkenhead in a bid to stop compulsory redundancies. Those 37 men were sentenced to 30 days’ imprisonment for contempt of court after defying a judge’s order to leave a partially built gas rig. They were imprisoned for 30 days in HMP Walton. They were subsequently dismissed from their jobs, and lost their right to redundancy and a pension. I recognise that what those 37 workers suffered was a disgrace, and although this case occurred before I was born, I recognise the issues that it raises, and the profound effect it has had on those workers and the communities that my hon. Friend represents. I am deeply sympathetic to the case and the individuals affected by it, and recognise that due to the passage of time, some of those individuals have sadly passed away.
Before I turn to the specific question posed, I would like to emphasise that this Government are committed to tackling injustice and ensuring fair and progressive rights in the workplace, so that these types of malpractice never happen again. I am about to set out the many measures that the Government are hoping to introduce through their Employment Rights Bill, but first I pay tribute to my hon. Friend the Member for Ellesmere Port and Bromborough (Justin Madders), who is in the Chamber, and who has done so much work on this issue, both in opposition and in government.
The plan to make work pay sets out the Government’s ambitious agenda to ensure that employment rights are fit for a modern economy, empower working people and contribute to economic growth. That plan will bring our employment rights legislation into the 21st century. The Government fulfilled their manifesto commitment to bring forward legislation within 100 days of entering office by introducing the Employment Rights Bill. As the House will no doubt be aware, the Bill is going through ping-pong. It is the first phase of delivering our plan to get Britain moving forward, and to create the right conditions for long-term, sustainable, inclusive and secure economic growth.
I stress that blacklisting is completely unacceptable and has no place in modern employment relations. Any individual or trade union who believes that they have been a victim of blacklisting can, and should, enforce their rights through an employment tribunal or the county court. The 2010 blacklisting regulations are reinforced by powers in the Data Protection Act 2018, which protect the use of personal data, including information on trade union membership and sensitive personal data. The Information Commissioner’s Office regulates the use of personal data and investigates data breaches. It has the power to take enforcement action, including searching premises, issuing enforcement notices, and imposing fines for serious breaches.
The question posed in this debate is whether there is merit in holding a public inquiry into the imprisonment of Cammell Laird workers in 1984. I recognise that this question has already been discussed in the Chamber; it is an issue of abiding parliamentary interest, and was the subject of a Westminster Hall debate in February 2023, before I was a Member of this place. That debate was brought by my hon. Friend the Member for Harrow West (Gareth Thomas), and was attended by hon. Members who have been in Parliament for some time, and who have long campaigned for justice in this area.
Public inquiries are independent investigations into matters of significant public concern. They are established by the Government and led by an independent chair. They are usually asked to establish the facts surrounding a serious issue and consider the lessons to be learned from what has happened, as well as make recommendations intended to correct deficiencies for the future. For example, an inquiry may be established to look at the cause of a major disaster, accident or other event involving significant damage or loss of life.
The Government will consider whether a matter is sufficiently serious to warrant an inquiry, and an inquiry might take a number of forms. An inquiry could be established under the Inquires Act 2005. Critically, although the Ministry of Justice owns the Inquiries Act 2005 and the Inquiries Rules 2006, Justice Ministers do not decide whether to set up an inquiry. That falls to the Department with policy or operational responsibility for the issue under consideration. Industrial relations and how they were historically dealt with are not a matter for me or the Ministry of Justice, and as such it would be inappropriate for me to comment on the potential merits of an inquiry.
As has been touched on, and as was set out by a predecessor in the Ministry of Justice in the Westminster Hall debate, document disclosure is a vital part of any inquiry, or any assessment of whether an inquiry is necessary. As the Government have previously disclosed, my Department has conducted extensive searches of our records within the court and prison systems, and nothing has been found in relation to the Cammell Laird strike action or the strikers. Other Departments have likewise previously confirmed that they do not hold potentially relevant material. I have heard what my hon. Friend has had to say, and tomorrow morning I will go back to my Department to make sure that those searches are done again, and I will send correspondence to the relevant Departments to ensure that they do those again, too.
It is important to note, as has been accepted, that inquiries do not determine civil or criminal liability. They are not a substitute for court proceedings, and they do not determine guilt or award compensation. The appropriate route for challenging a conviction and/or sentence is by way of appeal. Once the appeal route has been exhausted, it is possible to apply to the Criminal Cases Review Commission. Where a person believes that they have been wrongly convicted of a crime in England, Wales or Northern Ireland, a request can be made to the independent Criminal Cases Review Commission, which can investigate and, where appropriate, refer cases back to court.
Kim Johnson
The Hillsborough campaign fought for an independent panel, and it was through an independent panel that information was brought to light that enabled the campaign to move forward. Does my hon. Friend believe that an independent panel would help the 37 campaigners to move their case forward?
Jake Richards
I take the suggestion seriously. As I have said on document disclosure, which I think is the first step for the campaign, and in my hon. Friend getting what she is seeking, tomorrow morning I will go to my Department and looking at this issue again. Her speech, this campaign and the Adjournment debate have meant that will happen. I can assure her that I will do that, and I take that seriously. We consider no options to be off the table.
John McDonnell (Hayes and Harlington) (Lab)
One of the areas that is worth exploring is the Cabinet papers and the discussions that took place. These Cammell Laird workers are the innocent victims of a political strategy that was devised in Cabinet to suppress all opposition to the introduction of monetary policies—monetarism—under the Thatcher Government during that period. The Minister may not have been born at the time, but I was. In any areas where there was resistance to the Government, the resistance was suppressed. I was a Greater London Council councillor, and the GLC was abolished. In Lambeth and in Liverpool, councillors were surcharged and removed from office. Individual trade unionists were suppressed in a way that was more brutal than we ever thought possible. The Government inflicted damage, having forced trade union action, and there was also the imprisonment. This is about the Cabinet discussions that took place at the time, and Nicholas Ridley and so on. As we saw in the Shrewsbury campaign, there is also the matter of the influence they had on the courts.
Jake Richards
I am grateful for my right hon. Friend’s intervention. My point about the passage of time was not me being flippant about this serious issue. The Orgreave events occurred in my constituency, and I am pleased that this Labour Government have launched a public inquiry. I will not comment from the Dispatch Box on individual disclosure searches in different Departments and particular conversations; I am sure that he can appreciate that that would not be appropriate. I have given a commitment to look at this issue again when I go back to my Department tomorrow morning. I take that seriously, and will keep him and other Members updated.
One of the difficult aspects of the Cammell Laird workers’ imprisonment is that we are talking about committals for contempt of court, which is a civil matter, rather than convictions for criminal offences. This is a technical issue, but it means that the case does not meet the criteria for a miscarriage of justice, which relates to wrongful convictions. That might appear to be an issue of semantics, but distinct processes apply in cases in which a person has wrongfully been convicted of a criminal offence, so it is important for us to be clear about the distinction between a miscarriage of justice and what we may term a historic injustice. The Law Commission is reviewing the law on contempt of court, at the Government’s request. The first part of its report, on liability for contempt, was published last month. The second part will be published next year, and will include a review of the routes of appeal and the sanctions that courts are able to impose for different types of contempt.
I am deeply sympathetic to the case, to the campaign, and to the individuals who are affected by this. Industrial relations and how they were historically dealt with are not necessarily matters for the Ministry of Justice, but I have made a number of commitments from the Dispatch Box to looking at certain issues again as a result of this Adjournment debate. That is this House working. I confirm those commitments, and I will report back to my hon. Friend the Member for Liverpool Riverside. I thank her for initiating the debate, and for the opportunity that she has given me to respond to it and take action as a result of it.
Question put and agreed to.