Showing posts with label NCCL. Show all posts
Showing posts with label NCCL. Show all posts

Friday, December 29, 2023

Workers’ education (2009)

Pamphlet Review from the December 2009 issue of the Socialist Standard
 
Plebs. By Colin Waugh, Post-16 Educator. 221 Firth Park Road, Sheffield S5 6WW. £3

This large-size pamphlet is misleadingly subtitled ‘The lost legacy of independent working-class education’, giving the impression that it deals with a larger subject than it actually does. As an account of the Ruskin strike of 1909, it is a useful summary, giving extensive background to the decision of the highly politicised Ruskin students to boycott lectures in defence of Dennis Hird, the Principal dismissed in the struggle to extend University control over the college. There is a section on the influence of Daniel De Leon on some of the students and on the choice of the word “Plebs” (from his pamphlet Two Pages of Roman History).

However, rather more information would have been appreciated as to the results of the strike – namely the establishment of the Central Labour College as a radical alternative to Ruskin and what became the National Council of Labour Colleges as a riposte to the Workers Education Association. The fate of these organisations, namely withdrawal of funds by the trade unions, is particularly important because the author asserts a need for ‘independent working class education’ in the present day. We in the Socialist Party agree that it is necessary to understand all aspects of capitalism in order to bring about social change but point out that such education cannot be the work of defensive organisations such as trade unions but must be part and parcel of the work of the offensive political organisation of the working class.
Kaz.

Thursday, June 2, 2022

Diabolical liberty (1985)

From the June 1985 issue of the Socialist Standard

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.

An alternative, if the "dissenter" within the union felt strongly enough against the strike would be to continue to work, but at the same time to accept both the "right" of strikers to try to persuade him not to cross the picket line during a strike, and also the "right" of the union to decide that such actions were incompatible with union membership.

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

Saturday, January 23, 2016

After Spywatcher — What? (1987)

From the November 1987 issue of the Socialist Standard

Will anything of lasting value come out of the Spycatcher affair? That was a question I asked myself on a hot evening in August. Along with many others I was packed into Bristol's Watershed centre to listen to readings from the great forbidden book. One well-thumbed copy was to be raffled at a pound a ticket. Another was to be given away by a local magazine, to the winner of a competition in which you had to image yourself a loony right-wing security agent bent on destabilising the Thatcher government: what rumour would you circulate? The Chair of the meeting reported apologies from a host of celebrities who were on holiday. It didn't matter that the TV cameras weren't here, he said (with only a hint of disappointment in his voice). We still roasted under the spotlights because a trade union camera was recording the proceedings.

The event itself had been preceded early in the morning by a warm-up bout between local MP William Waldegrave and a representative of the National Council for Civil Liberties on Radio Bristol. The NCCL representative had spoken in indignant and stirring tones about censorship and freedom of speech, but without any qualifications. This enabled Waldegrave to complain that the NCCL itself believes in censorship (because it supports the Race Relations Act's embargo on incitement to racial hatred). That point went unanswered, as did the counter-accusation against Waldegrave, that he ignored the seriousness of the charges made in Wright's book by echoing the government line about secret service officers' lifetime obligation of confidentiality. Never mind, a discussion was promised after the readings that evening. That might be worthwhile even if the Waldegrave view was almost certain to go unrepresented.

The readings themselves were entertaining if unremarkable. We can be fairly sure that all the interesting charges made in the book are now already in the public domain, and all that remain are the trimmings. So we heard about the familiar alleged plot to subvert the Wilson government. Khrushchev's vanity, the madness of the alleged plots against Nasser, and the dangers posed for secret service infiltrators of left-wing groups by the promiscuity of their members. The book was well-written and clearly very funny, usually unintentionally. I checked on the safety of my raffle ticket and kept my fingers crossed.

Came the discussion. The Chair suggested, at inordinate length given the tight time schedule, that we confine our attention to four main areas. Alas, he spoke with more insistence than clarity, and when I compared notes with a friend after the meeting we could still only discern three. The first person to emerge from the darkness and brave the spotlight and microphone said he was an ordinary person who belonged to no groups and had never spoken to more than half a dozen people in public. He was just upset to be told he couldn't read the book. A number of journalists spoke with convincing passion on a matter which affects them to a greater degree than, and in a different way from other people. There was the inevitable contribution from a member of the Smash The State Tendency, prompting early departures from the hall. "Thank you. comrade", said the Chair icily. But mainly it was "Thank you, Brian", 'Thank you. Dawn", as a succession of figures, doubtless familiar with one another, made their points

A CND representative reminded us of the extent of surveillance over members and conveyed successfully how upsetting it could be to be on the receiving end. A pleasant man from the Green Party said they were entitled to their paranoia too, and told of delayed mail and phones which didn't work around election time. Well, yes, problems suffered by tens of thousands at other times too. But then, as we all know by now, just because you're paranoid doesn't mean they're not out to get you. A lawyer pointed out cases where the public interest had been held to outweigh any duty of confidentiality. We were urged to support NCCL and the Campaign for Press and Broadcasting Freedom.

Towards the end of the meeting the Chair remarked on the unanimity of the opposition which had been expressed to the banning of the book and invited anyone to speak in favour. No one did. The MI5 man (for he was surely there, and surely a man?) kept silent.

My own feeling was that the set pieces we had heard did little to advance understanding or to place the Wright Affair in a wide enough context. To be sure, more than one speaker reminded us that the dirty tricks of secret service agents go on under Labour as well as Conservative governments, that it was a Labour government which pushed through the Prevention of Terrorism Act in ten days, that it was under a Labour government that the ABC trial took place. And we had been urged to look at the broader political issues, and agitate for more accountability. But accountability in what form, and to whom?

Justified feelings of outrage had been expressed, but it was outrage of a very limited kind. Something had been done which was unfair by the rules of the game, but no one questioned the nature of the game. Did the speakers think there should be a secret service at all? If so, how far did they think it would be compatible with its effective functioning to demand that it be publicly accountable? If not, did they recognise that paranoia notwithstanding, other foreign powers had agents who got up to dirty tricks which might affect us? Were they all, as they seemed to be, content with the minimal degree of genuine accountability which elected representatives are subject to? If so, how much control could that possibly leave us, the ordinary members of the public, over "our” security services? If not, what ideas might they have for moulding a more adequate set of democratic institutions than those associated with twelve crosses in a lifetime? Without the raising of fundamental questions like these, there will be many more Peter Wrights and many more undetected dirty tricks.
Keith Graham

Friday, January 8, 2016

Civil Liberties (1984)

Book Review from the October 1984 issue of the Socialist Standard

Civil Liberties 1984 Ed. Peter Wallington (Martin Robertson 1984)

Civil Liberties 1984 is a compilation of articles by different authors which taken together form a review of the work of the National Council of Civil Liberties (NCCL) in its 50th anniversary year and provide an assessment of the current state of civil liberties in the UK. The articles could in many ways be reviewed separately as the subjects range from gay rights to the threats to liberty in government decisions on weapons and economic energy systems. It is also perhaps not a book to be read from cover to cover but to select short, well written articles from and to use as a handy reference book, particularly on test cases, although the index is occasionally dubious.

As is stressed in Patricia Hewitt's chapter on the NCCL and its history, the council was founded to advocate the defence of civil and political rights rather than economic and social rights; it is here that its problem lies. The NCCL is continuously beset by a lack of funds and is often unable to defeat vested interests; for example national newspaper magnates considerably restrict the information and opinions available to the public.

The chapter by Polly Pattullo on women's rights well illustrates the limitations of reforming organisations like the NCCL. She criticises, for example, the way in which the Sex Discrimination Act fails to go far enough to protect a woman's ‘‘right" to work for a wage but she fails to realise that even if women did have equal pay for equivalent jobs they would still not be at liberty since both working men and women, and those they support, would experience inequality in access to goods and alienating work would still be compulsory for survival. It is a hollow freedom to fight for the right of everyone to dine at the Ritz without realising that few people are wealthy enough to be able to afford this.

Many articles provide information on the limited extent of our “freedom". As one would expect the book is punctured with Orwellian references to the uses of surveillance and the secrecy of state operations ostensibly for and in the name of the people. As James Michael points out. although not knowing exactly what surveillance is carried out on individuals, people can be inhibited from protesting about society and without the knowledge of information on government decisions and technology the democratic process is seriously fettered. John Griffith in his chapter on The Democratic Process summarises the position well:
This society is pluralist in that power is distributed among many institutions . . . but, at the highest levels of the state, power becomes concentrated in the hands of a few. The oligarchy then spreads its influence widely and deeply over subordinate institutions. private as well as public. Being based on class, it is able to engage the self interest also of that great number who depend on the preservation and continuance of its considerable power. It becomes highly manipulative and can rely not only on persuasion and propaganda but also on that self interest. Its hegemony is all the easier to manipulate because its dependants cannot see any alternative structure that will obviously give them more of the better things in life, (p.85)
In Peter Wallington’s chapter on Freedom of Speech he argues that
We have significantly less freedom of expression either in law or in practice than is generally believed. that on balance freedom is declining and that threats to its preservation are real and imminent. (p.55)
Wallington points to the possibilities opened up by new communication technology but at the same time warns of the dangers of government censorship and control; for example, the government's indirect control on the BBC and IBA and the emergency powers that the government has for a complete takeover of broadcasting if the need arises, (a move considered during the Suez crisis). Wallington also makes the distinction between impartiality in reporting information and news from a so-called middle position which favours the existing consensus and which fails to report and consider the diversity of opinions outside the centre of political thought.

The same criticism could, in fact, to a certain extent be levied at Civil Liberties 1984. The chapters on the police and criminal processes deal with the situation which one would expect under the present system where wealth and consequently power are concentrated in the hands of a few; and so the police and censorship are necessary to keep the majority in subordination. The authors as a whole consider more humane methods of policing while ignoring the reasons policing is a necessity in the present society. They fail to give due consideration to an alternative where people as a whole will own the means of production and distribution; thus privilege and its corollary, money would be rendered archaic. As John Alderson says:
In an ideal world there would be no need for the police . . . But human experience indicates that noble sentiments alone are too weak to control those whose ambitions, greed and anger, give way to threatening and damaging activity on either a small or a grand scale. From rebellion to simple theft there are requirements for laws and for some form of enforcement of those laws. (pp. 170-171)
In a socialist world there will be no need for the police since theft and greed will be unknown in a society which produces in abundance and no one's access to goods is restricted. Freedom of discussion and new ideas for the improvement of living conditions will be welcomed. Alderson reminds us, however, noble sentiments alone are not enough — even for the NCCL. A system designed to preserve a privileged minority is not going to allow reforms to usurp its position. A democratic revolution by the world's people is necessary to produce a society in which all people, regardless of race or sex, can fulfil themselves.
Fiona Douglas