In the Wake of Grunwick Andy Forbes

Total Page:16

File Type:pdf, Size:1020Kb

In the Wake of Grunwick Andy Forbes 386 MARXISM TODAY, DECEMBER, 1978 In the Wake of Grunwick Andy Forbes (Grunwick has been one of the most important industrial struggles during the period of Labour Government. This month sees the publication of Grunwick: the Workers' Story by Jack Dromey and Graham Taylor. In this article the author looks at some of the questions thrown up by the Grunwick dispute.) "Through us the public can see the true attitudes of This article attempts three things. First, a political the government, the TUC, the courts and the police. characterisation of those groupings involved in the We have found reality. It is a good experience— strike—what were their aims, their motives, their don't you think so? We have gained many things. political situations? Secondly, an examination of how If there is a defeat it is not our defeat, it is the defeat of the TUC and the Labour Government. We the law mediated between their arguments. Thirdly, I are fighting for basic rights". venture to suggest perspectives for a new, clearer Jayaben Desai1 attitude to and intervention in the process of legal mediation. The dispute which started in August 1976 at the Grunwick film-processing laboratory in Willesden The Company and the Workforce was one of those strikes that history chooses to The strike began on Friday, August 20 1976, when throw into the national-political arena. Originally six employees of Grunwick Ltd., walked out of the an argument about conditions of work at one fac­ factory in protest at oppressive working conditions. tory, it was transformed, during a series of legal The six resolved to build a union base within battles and physical confrontations, into a declared Grunwick and their initial campaign resulted in a struggle for basic democratic rights, and the whole mass walk-out of a further sixty workers the follow­ spectrum of British political organisations, from right ing Monday. By Tuesday evening the Association of to left, was mobilised in defence of contradictory interpretations of those rights. 1 From the Guardian 18.1.78, p.4. MARXISM TODAY, DECEMBER, 1978 387 Professional and Executive, Clerical and Computer nerable labour market cleverly, discouraging all but Staff (APEX, the union to which they had been immigrants from working at Grunwick's and offering referred when enquiring at TUC headquarters) had wages that were relatively competitive (they were sixty new members. At the same time Jack Dromey above average for the industry as a whole) while of the Brent Trades Council had made first con­ remaining generally low. tact with a group of strikers who were inexperienced in trade union struggle and who were nearly all APEX East African immigrants. This was not a well- The strikers who joined APEX on that first planned action by experienced militants; it was an Tuesday could hardly have been aware that they were angry impetuous response to a management which joining one of the least dynamic and most right- became more determined as the strike went on. wing of trade unions. It identifies strongly with the Conditions at Grunwick have been described as right-wing of the Labour Party and pursues policies those of a "sweat-shop". Physical conditions in which fly in the face of TUC policy. It is one of the August 1976 certainly deserve this label, since at the few unions to maintain a list of prescribed organisa­ height of Britain's hottest summer for decades the tions (including the Communist Party) whose mem­ air-conditioning at Grunwick's Chapter Road plant bers must declare their political affiliation when was not yet in operation. No allowance was made standing for election to union posts. for this in terms of the pace of work. Long hours But its right-wing leadership (General Secretary, were worked for a basic starting wage as small as Roy Grantham, is a model "moderate"), though £25 for 35 hours and £28 for 40 hours, with com­ obviously an important factor, is not the only reason pulsory overtime on weekdays at 1.25 times the hourly for its failure of nerve at the height of the Grunwick rate for the first six hours, and 1.5 times after that. saga. As with all white-collar unions APEX has the "Maternity leave" was non-existent. The workplace problem of offering support and protection to was clean and well lit but frugal. isolated groups of workers who are employed in a More insidious were the psychological features huge variety of situations, ranging from huge that the strikers complained of: what they saw as industries to small offices. The "office politics" the undercurrent of racist and paternalist arrogance syndrome with its emphasis on personal achieve­ in the management's attitude. While even the most ments, does not produce the same political attitudes right-wing commentators were forced to admit that as the shop-floor. Moreover, the economic crisis there was a complete lack of effective grievance bites harder at small firms, and victimisations and procedures. The management was overbearingly arbitrary sackings are a feature of management present (looking directly into the mail-order depart­ behaviour when there is a large pool of unorganised ment through a window in their office). workers to draw on. How can we blame white- The problem was not only the individual attitudes collar unions for their commitment to legislative of Grunwick's managers and directors, but the protection for individual employees, given that this economic and political conditions which allowed is what is often most desperately needed by white- such attitudes to thrive unchecked. When George collar workers? Ward left accountancy and started Grunwick in 1964 However the strikers found themselves in capable he and his partners found themselves in a boom in­ enough hands as they embarked on that long struggle. dustry. The extension of colour-photography meant Jack Dromey, the secretary of the Brent Trades that small chemists could no longer afford the techno­ Council, and Tom Durkin, the chairman, liaised logical means to develop family snapshots, and the closely with Len Gristey, the APEX London Area photo-processing field was left wide open for larger, Organizer. Between them they organised regular specialist companies. Steady growth in consumer picket rotas, daily strike meetings, a strike com­ demand led to a buoyant and expanding market. mittee and a regular strike bulletin.3 Having failed in Figures show Grunwick's trading profit as being a numerous attempts to get Grunwick to talk, they steady 30 per cent and above per annum.2 resorted to the twin-pronged attack of court action But a large part of the company's high profit­ and labour movement solidarity. On September 7, ability was dependant on low labour costs, and 1976, Roy Grantham, who later assumed personal Grunwick found its natural home in the urban responsibility for the strike, spoke at the annual decay of Willesden. This is an area of London TUC, and on October 7 Len Murray called on trade notorious for its high unemployment and crumbling unions to give "all possible assistance" to the strikers. environment, inhabited by high concentrations of On October 15 the Advisory, Conciliation and immigrant workers who can afford nothing better. Arbitration Service (ACAS) was officially called in George Ward and his colleagues played this vul- 3 For a full account of the strike from the striker's point 2 For more details see Joe Rogaly Grunwick, Penguin of view see Grunwick: The Workers' Story by Graham Special 1977. Taylor and Jack Dromey to be published shortly. 388 MARXISM TODAY, DECEMBER, 1978 by APEX under section 11 of the Employment came off badly from the dispute (having to find Protection Act, to take up the union's claim for £90,000 to cover court costs) NAFF managed to recognition. Then on November 1, the Union of force trade unionists onto the defensive at critical Post Office Workers authorised its members at the moments, by involving them in long drawn out legal Cricklewood sorting office to black Grunwick's mail. battles, and can fairly claim a share of responsi­ bility for Grunwick's eventual victory. They are a George Ward's Allies force to be watched in future and illustrate the need The official entrance of ACAS prompted George for even the most powerful unions to carefully assess Ward to approach, on October 25, John Gorst, the legal ins and outs of the strike or solidarity Tory MP for Hendon North, who subsequently tactics they intend to adopt. took on an unprecedented role as free-lance political advisor to the company. It was Gorst who at the Trade Unions and the Law critical moments of the strike stood beside Ward at In Britain, legislation relating directly to trade every news conference and meeting, who carefully union activity is virtually non-existent. Trade unions controlled the management's tactics, developing all have never had any positive legal rights, not even the time a perverse litany of individual freedom, the right to strike, but have enjoyed immunity from the right to work, the horrors of the corporate state. the massive legal protection of property, unfettered This provided an ideological rallying point for a trade and free market contracts. Under common law wide alliance between extreme right and centre which the activity of unions smacks of "restraint of trade", would politically sustain Grunwick. "I am fighting indeed collective action is never far from being viewed for the freedom of a small person not to be blud­ as "unlawful assembly" or "conspiracy". Protection geoned and misrepresented by the powerful machin­ for strikers depends largely on the customs and prac­ ery of vested interests" declared George Ward,4 tices developed to deal with trade disputes by unions proclaiming his version of the anti-monopoly and management in particular industries, all of which alliance.
Recommended publications
  • ED389242.Pdf
    DOCUMENT RESUME ED 389 242 HE 028 760 AUTHOR Saunders, Bob TITLE The Effects of Employment Legislation on Collective Bargaining. Mendip Papers MP-038. INSTITUTION Staff Coll., Bristol (England). PUB DATE 92 NOTE 18p. AVAILABLE FROM The Staff College, Coombe Lodge, Blagdon, Bristol BS18 6RG United Kingdom (3 British pounds). PUB TYPE Information Analyses (070) Viewpoints (Opinion/Position Papers, Essays, etc.)(120) EDRS PRICE .F01/PC01 Plus Postage. DESCRIPTORS *Collective Bargaining; Employment; Foreign Countries; Higher Education; *Labor Legislation; Labor Relations; Political Influences; Political Issues; Political Power; Unions IDENTIFIERS *United Kingdom ABSTRACT Employment legislation in the United Kingdom from before 1970 to the 1990s has changed and with it collective bargaining in higher education. Industrial relations before 1970 were treated as a voluntary activity virtually unregulated by law. Then the Remuneration of Teachers Act 1965 set up the Burnham Committees, which until 1987 were the forum for salary negotiations and associated matters. In the 1960s and 1970s the normal pattern of collective b&rgaining was that unions made demands and management resisted, trying to minimize the concession they needed to make. The Donovan Commission and the resulting Donovan Report (1968) led to a great deal of legislation between 1970 and 1978 aimed at encouraging better regulated collective bargaining at workplace level. Legislation from 1979 onwards was aimed at regulating the power of the trade unions and bringing about a shift in the balance of power between unions and employers. As a consequence employers are now likelier to take a tough line in their handling of disputes and resulting defeat for the unions.
    [Show full text]
  • Political Power of Nuisance Law: Labor Picketing and the Courts In
    Fordham Law School FLASH: The Fordham Law Archive of Scholarship and History Faculty Scholarship 1998 Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The Rachel Vorspan Fordham University School of Law, [email protected] Follow this and additional works at: http://ir.lawnet.fordham.edu/faculty_scholarship Part of the Civil Rights and Discrimination Commons, and the Labor and Employment Law Commons Recommended Citation Rachel Vorspan, Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present, The , 46 Buff. L. Rev. 593 (1998) Available at: http://ir.lawnet.fordham.edu/faculty_scholarship/344 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. BUFFALO LAW REVIEW VOLUME 46 FALL 1998 NUMBER 3 The Political Power of Nuisance Law: Labor Picketing and the Courts in Modern England, 1871-Present RACHEL VORSPANt INTRODUCTION After decades of decline, the labor movements in America and England are enjoying a resurgence. Unions in the United States are experiencing greater vitality and political visibility,' and in 1997 a Labour government took power in England for the first time in eighteen years.! This t Associate Professor of Law, Fordham University. A.B., 1967, University of California, Berkeley; M.A., 1968, Ph.D., 1975, Columbia University (English History); J.D., 1979, Harvard Law School.
    [Show full text]
  • General Secretary's Report
    GENERAL SECRETARY’S REPORT ANNUAL CONGRESS 2008 PLYMOUTH PAVILIONS CONGRESS - SUNDAY 8 JUNE 9.30 am - 12.30 pm, 2.00 pm - 5.00 pm CONGRESS - MONDAY 9 JUNE 9.30 am - 12.30 pm, 2.00 pm - 5.00 pm SECTION CONFERENCES – TUESDAY 10 JUNE 9.30 am - 12.30 pm, 2.00 pm - 5.00 pm SECTION CONFERENCES – WEDNESDAY 11 JUNE 9.30 am - 12.30 pm CONGRESS – WEDNESDAY 11 JUNE 2.00 pm - 5.00 pm CONGRESS – THURSDAY 12 JUNE 9.30 am - 12.30 pm, 2.00 pm - 5.00 pm CONTENTS General Secretary’s Introduction ……………………………………………………………….………..… 3 A Framework for the Future of the GMB: Update …………………………………………………..……. 5 National Organising Department Report ………………………………………………………………... 8 Communications Department ………………………………………….…………………………………… 9 Executive Policy ………………………………………………………………………………………….….. 13 Report on Motions & CEC Special Reports & Statements Carried by the 2007 Congress ….. 17 Report on Motions Referred to the CEC by the 2007 Congress ……………………................. 24 European Office …………………………………………………………………………………………….… 27 International Solidarity Report …………………...…………………………………………………………. 31 Health & Environment Department ……………………………………………………………………….... 35 Legal Department ……………………………………………………………………………………………. 38 Pensions Department ………………………………………………………………………………….……. 41 Political Department …………………………………………………………………………………………. 44 Appointment & Election of Officials ………………………………………………………………….......... 51 Gold Badge and Youth Awards 2007 …………………………………………………..……………..….. 52 Deputy General Secretary’s Report ………………………………………………………………………. 52 SECTION REPORTS: COMMERCIAL SERVICES
    [Show full text]
  • Chapters the Politics of the Strike
    Durham E-Theses The 1984/85 Miners strike in East Durham, A study in contemporary history. Atkin, Michael How to cite: Atkin, Michael (2001) The 1984/85 Miners strike in East Durham, A study in contemporary history., Durham theses, Durham University. Available at Durham E-Theses Online: http://etheses.dur.ac.uk/2015/ Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-prot purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in Durham E-Theses • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full Durham E-Theses policy for further details. Academic Support Oce, Durham University, University Oce, Old Elvet, Durham DH1 3HP e-mail: [email protected] Tel: +44 0191 334 6107 http://etheses.dur.ac.uk 2 THE 1984/85 MINERS' STRIKE IN EAST DURHAM, A STUDY IN CONTEMPORARY IDSTORY BY MICHAEL ATKIN The copyright of this thesis rests with the author. No quotation from it should be published in any form, including Electronic and the Internet, without the author's prior written consent. All information derived from this thesis must be acknowledged appropriately. THESIS SUBMITTED TO THE UNIVERSITY OF DURHAM FOR THE DEGREE OF DOCTOR OF PHILOSOPHY. MAY 2001. 2 2 MAR 2002 CONTENTS Page PREFACE 1 INTRODUCTION
    [Show full text]
  • The Policing of Protest, Disorder and International Terrorism in the UK Since 1945, DOI 10.1057/978-1-137-29059-5 392 INDEX
    INDEX A Austerity measures, 60, 72, 117, 145, ‘ABC’ trial, 324 193, 354, 356 Adapting to Protest 2009, 331–332 Agents provocateurs, 40 Alderson, John, 193, 224, 323 B al-Qaeda, 238, 240, 243–244, 248, Baton rounds, 221, 313 251, 252, 259, 265, 266, 270, ‘Battle of the Bogside’ 1969, 252 284–285, 359–361, 384 Black bloc tactics, 67–68, 370 Amnesty International, 134, Blacking, 154, 159, 165 253, 279, 291 Blacklisting, 170, 171 Angry Brigade, 240, 242, Blockades, 47, 88, 89, 102, 250, 289 108–109, 113, 125, 329 Anomie, 192–193 ‘Bloody Sunday’ 1972, 252, 254 Anti-capitalist movement, 16, 99, Bomb Squad, 289 353, 356 Breach of the peace, 126, Anti-fracking, 32 167, 172, 215 Anti-globalisation movement, Brexit, 361 353, 354 Bugging, 39, 43 Apartheid anti-apartheid movement, 35, 60 Association of Chief Police Officers C (ACPO) Cabinet Office Briefing Room Manual of Guidance on Keeping the (COBRA or COBR), 47, 259 Peace, 1983, 222 Campaign groups, 15, 118 Public Order Manual of Tactical Campaign for Nuclear Disarmament Operations and Related (CND), 14, 35, 40, 43, 54, 55, Matters, 2007, 28, 174, 314, 315 62, 104, 308 Attenuating energy projectiles, Channel, 1, 57, 201, 278, 221, 223 280, 283, 294 © The Author(s) 2016 391 P. Joyce, The Policing of Protest, Disorder and International Terrorism in the UK since 1945, DOI 10.1057/978-1-137-29059-5 392 INDEX Chicago School of Human Counter Terrorism Internet Referral Ecology, 195 Unit, 280 Child poverty, 217–219 Counterterrorism Pursuit Teams, 384 Citizen journalists, 69, 330 Counter Terrorism Units,
    [Show full text]
  • GMB – BRITAIN's GENERAL UNION PROCEEDINGS at the ANNUAL
    GMB – BRITAIN’S GENERAL UNION PROCEEDINGS at the ANNUAL CONGRESS The Brighton Centre, Brighton on Sunday, 3rd June 2007 – Thursday, 7th June 2007 SECOND DAY Monday, 4th June 2007. SECOND DAY’S PROCEEDINGS MONDAY, 12TH JUNE 2007 MORNING SESSION Congress assembled at 9.30 a.m. THE PRESIDENT: Will Congress please come to order, that includes Regional Secretaries at the back talking. Colleagues, I remind you that the fire and safety precautions and evacuation procedures are in your wallet and when you see me running we will all go together. I remind delegates that today’s session, and tomorrow and Wednesday morning, is being transmitted on TV. That means your speech will be transmitted live over the internet so all those swear words you have put in, please take them out. Remember to state your name and region quite clearly. Please make sure your mobile phones are off. Where is Charlie from GMB Scotland? I heard yours going yesterday even though it was supposed to be silent. Is he in? THE PRESIDENT: Colleagues, we have a Standing Order Committee Report No. 2 and I call on Gerry Ferguson to present it. Gerry. STANDING ORDERS COMMITTEE REPORT NO. 2 BRO. G. FERGUSON (Chair, Standing Orders Committee): Withdrawn Motions – the SOC has been informed that the following motions have been withdrawn. Motion 139: Single Status – Attack on National Terms and Conditions, standing in the name of South Western Region withdrawn in favour of Motion 141. Motion 170: The Replacement of Trident, standing in the name of Yorkshire & North Derbyshire Region. Motion 207: Criminal Offence, standing in the name of the Midland & East Coast Region has been withdrawn.
    [Show full text]
  • Parliamentary Debates (Hansard)
    Monday Volume 599 14 September 2015 No. 43 HOUSE OF COMMONS OFFICIAL REPORT PARLIAMENTARY DEBATES (HANSARD) Monday 14 September 2015 £5·00 © Parliamentary Copyright House of Commons 2015 This publication may be reproduced under the terms of the Open Parliament licence, which is published at www.parliament.uk/site-information/copyright/. 739 14 SEPTEMBER 2015 740 a Secretary of State to determine them. It is very good House of Commons that the authorities across the west midlands are coming together and working so well. Monday 14 September 2015 Mrs Maria Miller (Basingstoke) (Con): The great county of Hampshire has submitted a compelling bid The House met at half-past Two o’clock for devolution. Does the Secretary of State agree that further devolution could be pivotal in unlocking further PRAYERS economic potential in the southern powerhouse as well as the northern powerhouse? [MR SPEAKER in the Chair] Greg Clark: I do agree. “Powerhouse” is an apt description, because the economy of the south and the Oral Answers to Questions part of Hampshire that my right hon. Friend represents is really firing on all cylinders. I remember launching the growth deal there, where the new centre for 5G COMMUNITIES AND LOCAL GOVERNMENT technology is up and running, creating many thousands of jobs. The Secretary of State was asked— Mr Dennis Skinner (Bolsover) (Lab): When the Minister brags about devolution proposals for local government, Devolution Deal why does he not do the decent thing and say to local 1. Peter Heaton-Jones (North Devon) (Con): What government that the coalition Government and this one support his Department is providing to areas seeking a have taken up to 40% off local authorities? Pay that devolution deal.
    [Show full text]
  • Summary and Transcript of Interview of Mary Davis by Chris Thomas, 2007 (803/18)
    Summary and transcript of interview of Mary Davis by Chris Thomas, 2007 (803/18) Approximate timings given in minutes and seconds in various places. Summary Subjects include (transcript paragraph numbers given in brackets): serious foot injuries sustained by Davis during attack on her on picket line by members of police Special Patrol Group (8); negative reaction to her appearance at subsequent press conference organised by TUC (8); unsupportive attitude of Labour government to the strike and to trade unionism generally (12, 18, 60); right-wing groups supporting George Ward, owner of Grunwick (13-17, 19); underestimate by government of level of support for strikers (22, 46); significance of support given to Asian women by labour movement (22, 60); blacking of Grunwick mail by Cricklewood postal workers and lack of support from their own union (23-34, 42); role of the TUC (36-42, 46, 55); conservatism of APEX and its general secretary Roy Grantham and the way in which the dispute forced them to be more progressive (44-46); lack of unified sense of purpose in labour movement (48, 54); role of the media and its relationship to government (50-52, 60, 63); concern of Labour government and TUC to preserve Social Contract and (54); George Ward’s disregard for conciliatory procedures (58); reactions to rise in trade union membership to a peak in 1979 (60). Transcript 1. CT: Right [?might as well] start at the beginning. I mean, what was your trade union, what trade union activity were you involved with at the time of the Grunwick dispute? 2.
    [Show full text]
  • Margaret Thatcher & the Miners
    Pierre-François GOUIFFES MARGARET THATCHER & THE MINERS 1972-1985 Thirteen years that changed Britain Creative Commons Licence 2009 This e-book is the English translation of “Margaret Thatcher face aux mineurs”, Privat, France (2007) Comments on the French edition Lord Brittan (Home Secretary 1983-5, former Vice-President of the European Commission) “The fairness and accuracy of the book are impressive both in the narrative and the analysis. I am not aware of anything comparable to what Pierre-François Gouiffès has produced.” Dr Kim Howells MP (now Minister of State at the Foreign and Commonwealth Office, spokesman for the NUM South Wales area in 1983-5) “Mr. Gouiffès’ book describes key events, such as the 'winter of discontent' and the industrial disputes of the eighties which had a major impact on the Labour party.” Other material available on www.pfgouiffes.net or www.mtfam.fr TABLE OF CONTENT Foreword 3 Prologue: the rise and fall of ‘King Coal’ 12 Coal: its economic, social and symbolic importance in the United Kingdom during the 19th century 13 The painful aftermath of World War One 18 The search for consensus after 1945 24 Tensions escalate from the 1960s 29 The NUM victorious: the strikes of 1972 and 1974 42 Crystallization of conflict 43 The 1972 blitzkrieg strike 51 1974: an arm-wrestling contest leading to strike and General Election 63 The legacy of the strikes of the 1970s 75 1974-1984 : the Labour interlude and Margaret Thatcher's early performance 80 The Labour interlude 81 The early years of Margaret Thatcher 108 The 1984-5 strike part one: from explosion to war of attrition 133 First steps in the conflict 134 The flashpoint 143 2 MRS.
    [Show full text]
  • Engaging Labour: British Sociology 1945-2010
    Engaging Labour: British Sociology 1945-2010 Huw Beynon, Cardiff University ABSTRACT This paper traces the interrelationship between changes in the British trade union and labour movement and the development of sociology in Britain since the war. It considers the ways in which both have been affected by economic and political changes and how different patterns of engagement have emerged in times of crisis. KEYWORDS Britain, labour movement, Sociology, trade unions, United Kingdom Post-war Reconstruction, Pre-sociology: 1945-1962 In post-war Britain the relationship between the labour movement and social research took place through intellectuals involved in the major political parties, with the Labour and Communist parties dominating. The Fabian inheritance of the Webbs continued as did the Mass Observation studies initiated alongside the Left Book Club by the Communist Party in the 1930s. The Census of 1951 recorded 14.7 million manual workers – 64.2% of the labour force. The trade unions were overwhelmingly based on the industries employing these workers. At this time, for example, there were 730,000 coal miners and the leaders of the National Union of Mineworkers alongside the leaders of the general manual unions (TGWU and GMBW) were major power brokers – ‘the Big Three’. The ending of the war had seen the election of a Labour Government with a landslide majority conducting a major programme of reconstruction alongside a radical transformation of the British state. As such, much research and writing was concerned with questions of industrial reorganisation and the living and working conditions of the working class. At this time, Sociology was not established as a major discipline within British Universities.
    [Show full text]
  • Law, Politics, and the Attorney- General: the Context and Impact of Gouriet V Union of Post Office Workers
    LAW, POLITICS, AND THE ATTORNEY- GENERAL: THE CONTEXT AND IMPACT OF GOURIET V UNION OF POST OFFICE WORKERS PETER RADAN* The role of the Attorney-General as the guardian of the public interest, in considering granting his or her fiat to relator proceedings in relation to the enforcement of public rights, often attracts political controversy. This is vividly illustrated in the circumstances surrounding the decision of the House of Lords in Gouriet v Union of Post Office Workers, which confirmed the traditional rule that the Attorney-General’s decision to refuse to grant his or her fiat is not justiciable (the fiat rule). This article details the rationale for the fiat rule, explores the political context and impact of the Gouriet case, and briefly details the impact of the decision on the rights of a private individual to enforce public rights. I INTRODUCTION It is well established that the Attorney-General, on behalf of the Crown and as the guardian of the public interest, has the principal role in the enforcement of public rights. The traditional rules relating to the standing of a private individual to enforce public rights are encapsulated in the two limbs in Boyce v Paddington Borough Council (Boyce).1 Under the first limb, a private individual can enforce a public right if the infringement of that right also amounts to an infringement of his or her private right.2 Under the second limb, a private individual can enforce a public right if, as a result of an infringement of the public right, he or she would suffer ‘special damage peculiar to himself [or herself]’.3 However, a private individual can also approach the Attorney- General to seek the latter’s fiat or consent to bring relator proceedings.
    [Show full text]
  • The Picket Line in 1970S Britain
    Accepted: 18 April 2020 DOI: 10.1111/tran.12388 REGULAR PAPER Class struggle and the spatial politics of violence: The picket line in 1970s Britain Diarmaid Kelliher School of Geographical and Earth The late 1960s to the mid‐1980s in Britain was a period of intense industrial Sciences, University of Glasgow, Glasgow, UK struggle, with strike levels at their highest since the 1920s. Concerns surrounding trade union power became central to broader anxieties about British “decline” and Correspondence “ ” Diarmaid Kelliher crisis. These issues took a spatial form in conflicts around the nature of the Email: [email protected] picket line. This paper discusses the picket line in 1970s Britain in the context of recent debates on the geographies of violence, particularly in relation to questions Funding information Urban Studies Foundation of class and property, and the mutually constitutive temporalities of structural and direct violence. Rather than focusing on the diffuse processes of an abstract capi- talism, I argue for greater attention to be paid to class conflict in shaping experi- ences and epistemologies of violence. This paper therefore places more emphasis on agency in the production of violence than has been prevalent in recent debates in geography. Drawing on extensive archival research, the paper focuses on three key disputes in this period. Building on work in labour geography, it explores how the assertive working‐class presence of mass pickets were portrayed as vio- lent through an account of the miners' strike in 1972. It then considers a similar process in relation to flying pickets during the 1972 builders' dispute, emphasising the threat of a politicised working‐class mobility.
    [Show full text]