Is the individual right to go to work during a strike equal to the collective right to strike? This is the issue at the centre of a row within the National Council for Civil Liberties (NCCL) which resulted in the resignation of Larry Gostin, the General Secretary, four members of its Executive Committee and an Independent Inquiry team appointed to look at the civil liberties implications of the policing of the coal strike. It has also led to reports in the Press that NCCL has been hijacked by the Left, and claims from some NCCL members that, on the contrary, they have stopped the organisation from being dragged off its libertarian course by preventing an unholy alliance with such dubious elements as the uncivil and illiberal right. The latter was the policy that they claimed was advocated by Larry Gostin and his supporters.
NCCL was set up in 1934 as a result of concern about police brutality towards hunger marchers. Its objective as stated in its founding constitution was:
to assist in the maintenance of hard-won rights, especially freedom of speech, the press and assembly, from all infringements by executive or judicial authority contrary to the due process of law, or infringement by the tendency of governmental or other agencies to use their powers at the expense of the precarious liberties for which citizens of this country have fought
and to:
aid in advancing measures for the recovery or enlargement of these liberties (cited in Patricia Hewitt. The NCCL Fifty Years On in Peter Wellington (ed), Civil Liberties 1984. p.15).
Over the years NCCL's activities have included monitoring police behaviour at marches and demonstrations; preparing legal test cases where it is believed that an individual's rights have been abused; setting up enquiries into incidents such as the demonstration in Southall in 1979 which resulted in the death of Blair Peach; campaigns for withdrawal of, or amendments to, legislation which has extended state power such as the Prevention of Terrorism Act and the Police and Criminal Evidence Act.
NCCL has consistently claimed to be an organisation concerned with civil liberties issues rather than with social justice (a point reiterated by Larry Gostin on his resignation). Patricia Hewitt, a former NCCL General Secretary, wrote:
From the outset. NCCL saw its activities as belonging to a specific tradition of civil liberties — the defence of civil and political rights, such as freedom of speech and association, rather than economic and social rights, such as the right to education or a minimum standard of living (Patricia Hewitt, op. cit., p. 16).
It was hoped that by adopting such a position NCCL would be able to cut across party political divisions. But this stance has not. over the years, always proved successful. In 1946 such eminent members as George Orwell and E.M. Forster resigned from NCCL because they believed it was being used as a front organisation for the Communist Party. NCCL's traditional links with the trade union movement have also led to accusations that NCCL is too closely associated with the Labour Party — a view that has gained increasing currency as a result of the recent developments.
The recent controversy, which came to a head at NCCL's AGM, arises from a resolution taken by the 1984 AGM to set up an independent inquiry into the policing of the coal strike. The inquiry's terms of reference were as follows:
To inquire into and thereby establish the fullest possible account and the civil liberties implications of the role of the police, the police authorities and the criminal courts in the events arising from and relating to the NUM dispute, which began in March 1984 (Preface to Civil Liberties and the Miners ' Dispute, First Report of the Independent Inquiry).
In December 1984 the Inquiry team published an interim report which immediately sparked off angry debate within NCCL. While the report was largely critical of the conduct of the police towards striking miners, it also contained the following paragraph:
We accept that the freedom not to take part in a strike is as much a fundamental right as the right to strike. Going to work during a strike is in any case a lawful activity, and like any other lawful activity ought not to be impeded by violence, threats or physical obstruction. We have identified the freedom to travel unhindered for any lawful purpose as a fundamental liberty; this is equally so whether the purpose is peaceful picketing, taking part in a demonstration, or simply going to work (First Report of the Independent Inquiry, p.6.)
It was this equation of the "right to strike" with the "right not to take part in a strike" and the report's comments about the behaviour of both striking and working miners which led to its being condemned as a "Scab's Charter".
At the end of February, NCCL's executive committee passed a number of motions which censured the inquiry team. Firstly, they "regretted" that the independent inquiry "exceeded its terms of reference in commenting on the conduct of striking and working miners and in setting out civil liberty principles which did not directly relate to the role of the police, police authorities and criminal courts". This resolution was upheld by the AGM. Secondly, the executive committee "regretted" that the presentation of the report, and especially its plea that all sides "refrain from violence, intimidation or other actions likely to cause injury or public disorder or provoke unnecessary ill-feeling", was "unnecessarily damaging to the miners' cause". Again this was upheld by the AGM. Thirdly, the executive committee stated that "the right to strike is a fundamental civil liberty and entirely rejects the proposition that those who break strikes are exercising an equally fundamental right". The AGM passed a similarly worded resolution.
Larry Gostin resigned as General Secretary a few days later because, as he wrote in his letter of resignation:
I, of course, respect the democracy of NCCL, but feel I could not publicly defend the full range of NCCL policies in good conscience, and with conviction and credibility. (The Times. 3 May 1985)
What should be made of this controversy? Is it just an internal political battle between different factions within NCCL? While this may be the case, it raises serious questions which are worth examining in greater detail, particularly that of the right to strike versus the right not to strike.
In the context of the coal strike this issue was made more complicated because the NUM did not hold a strike ballot. The miners who continued to work could therefore claim, with some justification, that since they had not been given the opportunity to express their views democratically through a ballot, the only way they could exercise their freedom of "thought, conscience and belief' (a ''right" contained in NCCL's own Charter of Civil Rights and Liberties) was by continuing to work during the strike.
But suppose that a strike ballot had been called and a majority of NUM members had democratically decided to take strike action. What then would be the position of the minority of NUM members who. for whatever reason, disagreed with the strike? One option open to them would be to obey the strike call but not to take part in strike activities. such as picketing, on the grounds that while the individuals concerned did not support this strike they did support their trade union, recognised the importance of trade union solidarity and felt that more damage would be done to the Union as a whole through continuing to work than they would gain as individuals by exercising the "right" to act on conscience.
Both of these positions are equally tenable for a civil libertarian. A majority of delegates at NCCL's AGM decided however that the collective "right" to strike took precedence over the "right" of the individual to carry on working during a strike. Their argument was that the strike weapon — the most effective weapon that workers have against their employers — is undermined if the majority of union members do not support the strike and so their "collective right" can be rendered useless by individuals exercising their "right" to dissent.
One can't avoid the feeling that those who support this position have taken a number of ingredients (as contained in NCCL's Charter) which they like the sound of, mixed them up and have then become disappointed when they can't stomach the resulting cake — that is, that civil liberties, according to their recipe, also apply to people whose actions they find unacceptable. At the AGM they tried to change the recipe by saying that there should be a little more "collective rights" and a little less "individual rights". Several of the cooks of the original cake took offence and resigned.
However, it has not occurred to any of the protagonists as yet that maybe they need a completely new recipe. An organisation like NCCL whose intention is to defend civil liberties (however they are defined) is only necessary in a society in which the "liberties" of citizens can be curtailed by "governmental or other agencies". In most cases this means incursions by the state — the police, courts, army, government — or by those who hold economic power, the capitalist class, against those who are powerless in society. These two institutions, the state and the capitalist class, are not independent of each other. On the contrary, they live in a symbiotic relationship: the capitalist class, the minority who own and control the means of producing wealth in society, require the state to defend and administer their interests and the state would be unable to function without the resources that the capitalist class grants it. NCCL seeks to defend people from what they regard as the unjustifiable use of state power but to do that within the very system — capitalism — which itself creates the need for the state.
The coal strike exposed the diametrically opposed class interests of workers and the capitalist class. Both sides in the dispute expressed these interests in terms of "rights the right of the Coal Board to manage (to close pits that didn't produce enough profit) and the right of NUM members to express their opposition to pit closures by taking strike action. Some miners did not see the dispute in these terms and mistakenly thought that their interests were better served by continuing to work and claimed the "right" to do so.
While organisations like NCCL and the trade union movement can fight to preserve rights we should never forget what the "right to work" and the "right to strike" really mean. The right to work amounts to little more than the right to sell our labour power for a wage or salary so that we and our families can live. It means spending a considerable amount of time engaged in work that we may not enjoy and from which we, as workers, never derive any benefit. The right to strike is one of the few weapons that the working class has at its disposal to use against capital to prevent working conditions and living standards from being driven down still further. It should be used cautiously since it is the weapon of last resort and entails considerable hardship and suffering for workers engaged in strike action.
Where then does this leave NCCL? If it is to be a consistently civil libertarian organisation that applies the principles set out in its constitution and Charter, and works within capitalism without concerning itself with social justice, then it must accept all the contradictions that that will entail and also the possibility of upholding the "rights" of individuals whose views or actions it finds abhorrent.
Perhaps at least some workers among NCCL's members will have been led by this argument to look more closely at the whole issue of civil liberties and to question the value of trying to defend such rights and liberty in the context of a system of society which itself constantly acts as a fetter on the freedom of all workers — that is the freedom to democratically control the society in which we live and the wealth we produce.
Janie Percy-Smith
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