Cammell Laird Workers Imprisoned in 1984

Chris Stephens Excerpts

Tuesday 7th February 2023 Westminster Hall

[Chris Stephens (Glasgow South West) (SNP)]

It is a pleasure to see you in the Chair, Sir Christopher. On behalf of my SNP colleagues, and indeed my constituents, I extend solidarity from Clydeside to Merseyside on this issue, because I do support a public inquiry for the Cammell Laird 37.

I will start with some of the historical background and parallels between Clydeside and Merseyside, because they are interesting, and there is a point where they diverge, which I think sums up where we are. Many people in the Glasgow South West constituency worked in the Upper Clyde Shipbuilders in the early 1970s. They were proud of their work, and the term, “Clyde-built” defined their international reputation for quality.

In June 1971, Upper Clyde Shipbuilders went into receivership. It was described as being loss making, even though the yards had a full order book with a profit being forecast for 1972. The move to receivership was political, not economic. The Heath Government had announced a policy that refused further state support for what they called lame duck industries. That refusal led to a crisis of confidence among UCS creditors, which resulted in severe cash-flow problems for the company, and it was then forced to enter liquidation.

None of that needed to happen, and the trade unions and shipyard workers knew it. Under the leadership of Jimmy Reid and Jimmy Airlie, they decided to conduct the now-famous UCS work-in to complete the orders already in place. They were joined on marches by 80,000 people, and the world watched on with wonder at the demonstration of popular support for the workers of Scotland. The then-Conservative Government in 1972 had to relent to the demands of the workers, and restructured the yards around two companies.

So, what is the relevance of the UCS experience to today’s debate on Cammell Laird? Well, the first part of each experience is similar: shipyard workers were concerned about the possible closures of their yards and consequent mass unemployment with few alternatives for future livelihoods; politically motivated decisions were made to proceed with closure; and the workforce responded with industrial action, including occupation.

Sadly, that is where the stories of each begin to seriously diverge, because Margaret Thatcher was even more ruthless than Ted Heath. She had few qualms about unleashing the powers of the state, and its appendages, to undermine the human rights of workers. The use of the police to break the miners’ strike the same year as the Cammell Laird action showed a consistency of contempt for ordinary working people—“Throw them on the scrapheap; they are no longer needed by the Government!”

Some would argue—it is unfortunate that we do not have a Conservative Back Bench Member to perhaps articulate this position, but maybe they are on strike; I do not know—that the planned closure of Cammell Laird was legitimate, and that it was a political decision by a democratically elected Government. However, that is why I do not think that we should discuss the decision to close; I think we need to concentrate on the means used to implement Government decisions.

Today’s debate is not simply about political decision making regarding industrial closures; it is about the treatment of workers and the denial of their human rights, and especially about the subsequent cover-ups by those in authority, then and now. It is about the campaign to secure justice for the 37 Cammell Laird workers who were jailed after taking part in an official industrial dispute. 

I welcome and endorse the position of the Labour party that, if it was to win the next election, it would

“release documents held by government relating to the Cammell Laird prosecutions and carry out a review into the jailing of striking workers.”

However, the issue is about not just the integrity of political parties and Governments but the credibility of the United Kingdom itself, which has long claimed to be a beacon of human rights. Well, as far as workers’ rights are concerned, that beacon dimmed in 1984, and, in other debates, as I have seen in the past few weeks, we may discuss whether it is dimming even still. 

Through the snippets of information currently available to us, we believe that key shop stewards were victimised during the redundancy process. Apparently, Michael Heseltine boasted about that by referring to a

“step change in attitude and motivation arising within the new balance of the workforce following selective compulsory redundancies”.

Having continued their occupation of two new vessels, 37 workers were ordered to abandon that occupation to attend a court hearing and were then threatened with contempt of court. That was a novel form of attempted strike-breaking by the state, escalating into the notorious imprisonment of those 37 men. The climax of it all for the 37 was their subsequent blacklisting and financial hardship. Those are not the hallmarks of some beacon of workers’ rights and industrial harmony. They look much more like what we see in oppressive regimes: the use of false imprisonment of dissenters and other human rights violations, which we would all condemn in other countries as being part of a brutal abuse of power. We have seen the abuse of power closer to home, as in Northern Ireland, and have had the courage to investigate it. We must do that for the Cammell Laird 37.

It was good that in April 2017, the then Justice Minister Phillip Lee agreed to look into the case if re-elected in the forthcoming June election, but we are still waiting. Perhaps the Minister here today can tell us what actions the Government have taken since April 2017 to look into this specific case. Almost no records that relate to the policing of the dispute, British Shipbuilders’ handling of industrial relations or the Government’s response have been published, and it is now time for that to happen.

Following subject access and Freedom of Information Act requests, we have heard claims from numerous Departments that they do not hold unpublished papers. We heard the cop-out in 2010 from the Metropolitan police, who refused a subject access request from one of the striking workers and responded by saying that the Met

“neither confirms nor denies that it holds the information you requested.”

Internationally, we have heard the opinion of the European Parliament’s Committee on Petitions, as other hon. Members have said, and it is worth my quoting, in closing, the statement in the petition to the European Parliament:

“There have been consistent attempts since 1984 to obtain information, answers and justice…regarding the contravention of basic human rights of the people involved under established European and international laws, Treaties and conventions. Yet…their stated rights of respect for the principle of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law under Art. 6 of the Treaty of the European Union…have been denied.”

That beacon of human rights is only barely flickering, and the world sees it. Let us have that justice for the Cammell Laird 37.

--- Later in debate ---

[The Minister of State, Ministry of Justice (Edward Argar)]

Thank you very much, Sir Christopher—I think you are the only Member of this House in the Chamber today who was also a Member back in 1984.

I congratulate the hon. Member for Harrow West (Gareth Thomas) on securing this important debate. He and I have exchanged views across the Dispatch Box in this Chamber on a number of issues in the past, when I have been in different roles, and I have always sought to be constructive; I will endeavour to be so again in responding to him and other hon. Members today.

I also recognise, as other hon. Members have done, the campaigning work of the hon. Member for Birkenhead (Mick Whitley). I know he would have wished to be here, but following his covid test, he is not able to be. I hope he is okay, and if he has any symptoms, I hope he recovers very quickly and is back with us soon—tabling questions to me on this matter, I suspect, or raising the issue in the Chamber. I wish him a speedy recovery.

As we have heard, in 1984 37 workers were involved in an occupation of the Cammell Laird shipyard at Birkenhead in a bid to stop compulsory redundancies. I recognise the huge value of the work undertaken by those working in shipbuilding and the huge pride that was, and continues to be, felt by people in shipbuilding and a whole range of important industrial sectors. A number of hon. Members have highlighted that, and it is important that we put it on the record.

The 37 were sentenced to 30 days’ imprisonment for contempt of court after refusing to comply with a judge’s orders to leave the partially built gas rig, as we have also heard. I do not propose to recount all the circumstances—the hon. Member for Harrow West set them out very clearly, as did a number of other Members, particularly the hon. Member for Liverpool, West Derby (Ian Byrne). He gave a passionate and moving speech, not only showing the depths of his feelings on the issue, but highlighting through individual examples the impact that it has had.

Hon. Members often listen to each other carefully in this place—all the time, I hope—but it is perhaps a little rarer for hon. Members to learn something, or to hear a speech that causes them to reflect further. The speech made by the hon. Member for Harrow West achieved that, and I pay tribute to him for it; it was genuinely interesting and thoughtful. The hon. Member for Wansbeck (Ian Lavery) is always passionate. I hope not to damage his political career by saying that I have huge respect for him, but he knows of what he speaks, and he speaks with not only knowledge but experience. Again, it may damage his political career if I say that I do not believe I have ever called him a militant—he may wish I had—but none the less, in the spirit of this debate, let me say that he makes his points fairly and passionately.

The hon. Member for Ellesmere Port and Neston (Justin Madders) had the dubious privilege of being my shadow for almost three years. He and I debated a number of issues in the context of health. He always does his research, and speaks with moderation but also with a clear view of these matters; I pay tribute to him. I was going to say the hon. Member for Leeds East (Richard Burgon) shadowed me in a previous role, but he was actually far more elevated—he was shadowing the Lord Chancellor. While we do not often share the same political perspective, I could never—and I do not think anyone could ever—doubt the sincerity with which he holds and propounds the views and positions he does on behalf of his constituents.

The 37 were imprisoned for 30 days in HMP Walton. It is important to highlight that they were imprisoned for contempt. They were subsequently dismissed from their jobs and lost the right to redundancy and their pensions. As hon. Members will know, sentencing in that case, as in others, is a matter for our judiciary; we cannot comment on the decisions made by the judiciary in that respect.

Before turning to the details, I will say a little about contempt. If a party, when summoned to appear, admits the contempt and complies with the instructions regarding the contempt, often no further action will be taken. But if not, upon proof of the contempt the court has to impose penalties. That is a matter for the independent judge. I understand that in this case the official solicitor put forward various arguments against the duration and nature of the penalty. That independent judge rejected those arguments.

I highlight at the outset that I recognise that this is an incredibly difficult case for all those concerned, and for the local community at the time more broadly, with far-reaching and long-lasting impacts. There are understandably strong feelings about the case. I may not always agree with everything it propounds, but I highlight the work that the GMB—at the time, the General, Municipal, Boilermakers and Allied Trades Union—has done, and the tenacity with which it has pursued the matter. I am not unsympathetic to the case, and in particular to the impact it has had on individuals. I recognise that due to the passage of time a number of those individuals have sadly passed away in the intervening years.

I also take this opportunity to highlight that this Government do recognise the ability to strike as an important part of industrial relations in the UK, rightly protected by law. We understand and recognise that an element of disruption is a key part of that. I do not think that is in anyway incompatible with the necessary legislation currently going through Parliament in respect of minimum service levels.

I should also state that the hon. Member for Glasgow South West (Chris Stephens) sat on a Bill Committee with me looking at some of these issues back in 2015-16, when we were first elected to this place. As I said then, I recognise the important role that trade unions play in our economy and society.

[Chris Stephens]

The Minister refers to the new Bill. If that Bill had applied to the Cammell Laird 37, they would have been dismissed with no right to a tribunal. Does the Minister seriously think that is fair? That is what the new Bill says.

[Edward Argar]

The new Bill refers to very specific areas of service in specific sectors, subject to further delegated legislation where such minimum service levels could be required. I do not think the parallel he draws is directly analogous.

It is important to note that the world has changed since the 1980s. Back then, unions tended to protect their members through collective action and did not rely on the courts to the same extent that they do today. Individual employment rights were less common than they are now. Since the 1980s, the industrial relations landscape has significantly changed, with a greater emphasis on individual rights. Nowadays, when they are recruiting, employers cannot discriminate on the grounds of trade union membership or activity. Similarly, an employer cannot dismiss a worker for being a member of, or active in, a trade union. Workers benefit from legal protections when taking lawful industrial action.

Today, blacklisting is, rightly, completely unacceptable and has no place in modern employment relations. Any individual or trade union who believes they have been a victim of this practice can enforce their rights under the regulations, through an employment tribunal or the county court. The Employment Relations Act 1999 (Blacklists) Regulations 2010 are further reinforced by powers in the Data Protection Act 2018 protecting 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 breaches of the Data Protection Act. It has the power to take enforcement action, including searching premises, issuing enforcement notices and imposing fines for serious breaches. Anyone with evidence of offences in that area should present it to the Information Commissioner’s office.

The specific question posed by this debate relates to the potential merit of holding a public inquiry into the Cammell Laird workers imprisoned in 1984. As I have alluded to in reference to the hon. Member for Harrow West, I do recognise that this is an issue of abiding parliamentary interest, and the number of hon. Members in the Chamber today reflects that. Although debates in this Chamber are often about important subjects, it is not always as well populated with hon. Members.

Public inquiries are independent investigations into matters of significant public concern. They can be established by the Government and led by an independent chair. They are usually asked to establish the facts surrounding a particular serious issue and consider the lessons to be learned from what has happened, as well as to make recommendations intended to help correct the deficiencies for the future. For example, an inquiry might be established to determine the cause of a major disaster or accident.

When the Government determine that a matter is sufficiently serious to meet the bar to warrant an inquiry, there are number of options for the form that might take, including the establishment of an inquiry under the Inquiries Act 2005. As the right hon. Member for Knowsley highlighted, that is not the only option in this space. Unfortunately, by the vagaries of how debates are allocated, although the Ministry of Justice owns the Inquiries Act 2005 and Inquiry Rules 2006, Justice Ministers do not have any power to decide whether to set up such an inquiry. That would fall to the Department with the policy or operational responsibility for the issue under consideration. Therefore, as a Justice Minister, I have no power to agree to the request for a public inquiry. However, industrial relations and how they were historically dealt with, although not a matter for the Ministry of Justice, do fall under other Government Departments. Although I cannot comment on the merits of an inquiry in this instance, other Departments would have an interest. I will turn to that in a moment.

Document disclosure is a vital part of an inquiry, as the hon. Member for Glasgow South West highlighted. As the Government have previously set out, this Department has conducted extensive searches of its records and those in the court and prison systems. I understand that nothing has been found in relation to the Cammell Laird strike action or the strikers themselves. Other Departments—the Cabinet Office, Home Office and the Department for Business, Energy and Industrial Strategy, as it was until a few hours ago today—have likewise confirmed that they do not believe they hold potentially relevant material.

This is an area of legal complexity. In the spirit of constructiveness, I want to try to address some of the points raised by the hon. Member for Harrow West and the shadow Minister about previous answers on this and explore other routes that might be available—notwithstanding that I cannot opine on the merits of a public inquiry.