Cammell Laird Workers Imprisoned in 1984

(Limited Text - Ministerial Extracts only)

Tuesday 7th February 2023 Westminster Hall

[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.

[Sir George Howarth]

The Minister referred to the fact that I said there was a potential third option. Would he be willing to consider an independent panel, along the lines of the Hillsborough Independent Panel? My view, like those of my hon. Friends and others, is that there should be a public inquiry, but if that is not possible for legal reasons, there is that option to explore.

[Edward Argar]

I am grateful to the right hon. Gentleman for suggesting a potential third way. Again, that would not fall within the powers of the Ministry of Justice. I suspect it is the sort of thing that may fall under the remit of the Cabinet Office—that is one of the four jobs I held in brief succession last summer, so I still remember some of that.

I hope I can give the hon. Member for Harrow West a constructive response.

[Dawn Butler]

I just want some clarification. Is the Minister saying categorically that there are no documents in any Department relating to Cammell Laird that are not in the public domain?

[Edward Argar]

I repeat to the hon. Lady what I said—I will be quick, because I want to give the hon. Member for Harrow West time to wind up—which is that I understand that my Department has previously conducted extensive searches of our records within the court and criminal system, and nothing was found. I also stated that other Departments—the Cabinet Office, the Home Office and BEIS, as was—have likewise confirmed that they do not hold any. I limit my remarks to that and to repeating what I said, not because I necessarily disagree but because I want to confine myself to what I know I can say in this Chamber with knowledge. I do not want to risk misleading the House in any way.

The hon. Member for Harrow West asked about options. This is a legally complex area, and the answer that was previously given suggested the CCRC. I understand that there is no bespoke redress scheme for civil claims arising from committals for contempt of court. Claims for compensation may be explored through the normal civil court process. There are various courses of action. I know that the 37 did not appeal to the House of Lords, but I believe that, were there permission, it would be possible for them to consider an appeal to the Supreme Court. I am reticent to suggest that those may be the solutions. In the spirit of a constructive response, I say to the hon. Gentleman that if he writes to me, I will ask my officials to look into those legal routes in greater detail to try to get a bit of clarity, especially given the written parliamentary answer that he referred to. I hope that might slightly help to move things forward.

I want to give the hon. Gentleman some time to wind up. In summary, although I am extremely sympathetic to the case and to the individuals and communities affected, industrial relations and how they have historically been dealt with are not a matter for the Ministry of Justice. It would therefore be inappropriate for me to comment on the potential merits of an inquiry in this instance. As I say, if he writes to me, I hope I might be able to be constructive in responding.