Cammell Laird Workers’ Imprisonment: Public Inquiry Debate
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(1 day, 22 hours ago)
Commons Chamber
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.
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.
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.