Criminal Law Act Gives Magistrates New Power
Socialist Press1977 1977-10-12Read it in the scan (PDF), scan page 7 →
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: Parties Indian the ve Gandh The WRP Review No 2 points against ¡to say: sis added).
Pabloism. of capitalism.
While in 1953 eki a babnism 9$0505 := CAST Pi::
WRP leader Gerry Healy in Latin America, and the CP which maintained until y end its support for the dictatorship.
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editorial in Labour makes some correct Mandel, but goes on 'Mandel's position is, however, no accident. For it is the continuation of the original revisionist line put forward by his Pabloite tendency: that the pressure of the (working class could bring about the self reform of the bureaucracy inside the USSR and force the Stalinist parties in capitalist countries to take state power. This was and remains the defining characteristic of Pabloism': (emphaThis conclusion is just not true. A false analysis of post-war Stalinism is only one of the *defining characteristics' of Essentially, Pabloism consists of an abandonment of Marxist analysis and an opportunist looking to forces other than the revolutionary party at the head of the working class to bring about the overthrow It is the post-war counterpart of the opportunist tendency Trotsky analysed in Stalinism:
One of the psychological sources opportunism is superficial mpatience, the lack of confidence, he lack of confidence in the radual growth of the party's nfluence, the desire to win the passes with the aid of an organisafonai manoeuvre or personal diplonacy. Out of this springs the policy if combinations behind the scenes, he policy of silence, of hushing up, if self-renunciation, of adaptation b the ideas and slogans of others; p tinally, the complete passage • the positions of opportunism' (Communism and Sundicalisn! 1431 While in 1953 the Pabloites up- Pabloites RO Algeria.
Why does the WRP not ram this point home? For the very good reason that Pablo's attitude to Ben Bella was almost exactly the same as the WRP's present attitude to the Gaddafi dictatorship in Libya, where the WRP has dropped any call for a Trotskyist party and instead simply reprints Gaddafi's speeches.
As with all sectarian currents, the flip side of the WRP's "principles' is the most brazen opportunism in practice.
Of course this opportunism is not confined to reactionary bourgeois nationalists, but extends to the WRP view of Stalinism also.
On the one hand WRP writers have developed an extended defence of the Stalinist leadership of the Vietnamese Communist Party, against the historical analysis presented by the Workers Socialist League. This has involved the WRP in excusing the Stalinist murder of the Vietnamese Trotskyist forces after 1945.
And on the other hand when WRP emissary Vanessa Redgrave, found two meetings of Spanish WRP supporters banned by the governor of Madrid, she made a beeline for CP leader Santiago Carrillo.
After a 2½ hour. tete-a-tete she emerged with a pledge that Carrillo would campaign for the legalisation of the "Trotskyist' Communist Workers League!
In case readers are curious as to the topic of the WRP's banned meetings, both were intended as a platform to denounce veteran SWP leaders Joseph Hansen and George Novack as GPU agents!
REAL AGENT But even while Redgrave pleaded with a real GPU agent to secure her a platform to frame up these two SWP leaders, the pages of Labour Review were carrying a correct formal statement on Stalinism:
"Stalinism remains for us, unlike Mandel and all revisionists, what it always was: the main counter revolutionary force in the working class throughout the world. This was Trotsky's position since 1933 and it is ours today. There never could be and cannot be today any compromise with Stalinism' (LR No 2).
Redgrave A chronic separation between theory and practice has been the root of much of the degeneration of the WRP since the mid 1960s.
Today it has brought that movement to its lowest ebb, politically and organisationally.
ESSENTIAL The fight for a Marxist analysis of the present day trends within Stalinism and for an examination of the sources of the confusion that is rampant within every wing of the divided Trotskyist movement internationally is an essential basis for the fight to reconstruct the Fourth In such a struggle it is clear that 4tn lay claim to a = truth. and that B TONY RICHARDSON TC The Criminal Trespass law is being introduced at a time of massive unemployment, falling living standards, continuing savage cuts in public spending, and large scale homelessness. Originally the brainchild of the Heath government, it is now being implemented by Callaghan's Lib-Lab coalition in a bid to tame the working class.
In fighting back against these conditions, occupations of factories will be a vital weapon for the working class.
Already the tactic has been widely adopted in a range of struggles.
Occupations: Industrial occupations have taken place to fight off redundancies and closures.
Since the Upper Clyde 'work-in' ot 1971, well over 200,000 workers have been involved in some 200 Hospital work-ins have been taken up by four hospitals in the last year to oppose closure and to ensure that patients and equipment are not removed.
Squatters: Over 30,000 homeless people have been forced to 'squat' in some of the 850,000 empty houses in England and Wales, to get a roof over their heads when councils have refused to help.
Students: To protest against teacher unemployment and fee increases, to oppose- cuts and closure students have been forced to occupy their colleges in their fight back.
Social Security: Claimants and strikers have occupied social security offices to secure their full entitlement to benefit when it was being withheld and refused.
Every week occupations are mounted-generally by house wives-to demand that facilities such as nurseries, community centres, and refuges for battered women be set up.
Now the Criminal Law Bill (Part 2 of which is commonly known as the Criminal Trespass Law) has been passed and has become the Criminal Law Act 1977.
This new law creates five new criminal offences relating to trespass, and threatens with Jail and heavy fines those taking part in any form of occupation, work-in, "squat' or sit in.
It gives the police new powers to enter, search and arrest without a warrant, on the grounds of suspicion that one of the five new 'crimes' has been committed.
The Act provides for jail sentences of up to 6 months and ines of up to £1,000 lhis type of legislation high lights the treacherous role of local trade union leaders who serve as J.P's, fining workers and sending them to prison.
FINING WORKERS
How is it really feasible for such people to ever lead a working class organisation into any meaningful = gams closures when at .:. ********* Ang :.: 1. 12 !lanes Bad: Plert 15521 Roche, together with his arch crony, Deputy Chairman Alec Mantan Moron, are Doln prominent members of the magisterial bench.
Full time Oxford TGWU District Secretary David Buckle is himself a Together with the Sheriff of Oxford, 5/60 Branch Chairman, The Rev. Tony Williamson O.B.E., these trade union leaders act as a godsend to capitalism in its efforts to police and pacify the working class.
ARRESTS
Judicial rulings in the courts (like the attacks on picketing and the injunctions against occupations) have of course been part of the latest capitalist offensive against the working class.
400 pickets have been arrested outside Grunwicks alone. Pickets were arrested during the hotels disputes in Oxford and heavy fines were imposed on trade unionists, whilst fascists and right wingers arrested in the same disturbances got off scot free or with minimal fines.
TGWU District Secretary David Buckle had asked members of his union to picket these hotels (The Randolph Hotel and The Linton Lodge Hotel). But he could well have found himself in the position of being asked to sit on the judicial bench that imposed fines on those very same trade unionists!
Similar collaboration rife throughout the trade union movement.
But there is no doubt that despite such leaders, the working class will continue to use occupations in the fight back against closures.
The task before the movement is to ensure that this new law is not allowed to be used to intimidate or threaten those in occupation, or those considering occupation as a tactic.
In the event that it is used, whether against industrial workers, public service workers, tenants, students, homeless people squatting in empty houses, or against protesters occupying public buildings, the working class has to be prepared to respond by mobilising in strength to defend those attacked.
How can the new law be used?
OFFENCE 1. 'Using or threatening violence to secure entry into premises where another is present, opposing your entry' No violence need occur for this offence to be committed. Just work, at college, or in the community, is a 'threat of NO WARRANT What's more it it: guard, caretaker, or management rang the police and claimed that they had been threatened, the police could raid any occupation and make arrests without a warrant.
Any squatter or ex-licencee could be evicted without a court order at any time, if they were out of their home.
OFFENCE 2. 'Adverse occupation of residential property"
This offence is designed mainly to pester tomeless :÷78i25 months.
tried cy 'crimes': law will This officials ing class USE EMPTY PROPERTY DIRECT there is residential accomodation, if it is claimed that access, to that accomodaton was being blocked.
Under this offence for example, landlords who could claim to use a property occasionally as a residence (by putting a few scant items of furniture in it) would be allowed with the help of employees or friends to take any action-including violence-to evict squatters or ex-licencees without going through the courts.
OFFENCE 3: "Trespassing with an offensive weapon' This offence would allow the police to intervene in any occupation without a warrant it, in a factory occupation for instance, the management claimed that someone had used something as an offensive weapon.
In law an offensive weapon can be anything: tools, coins, shoes, butter knives...
OFFENCE 4. 'Trespassing on embassy premises".
This offence explicitly makes completely peacefui occupations of embassies (like the Iranian students' occupation of their embassy in 1975)—a criminal offence.
OFFENCE 5. * 'Resisting obstructing a Bailiff or Sheriff' Anyone occupying their wOrk place, home, college, etc., could be arrested immediately if they obstructed, even • Passively, the court officers sent in by the owner to evict them. Pickets protecting the occupation would also face arrest.
Leyland Body Plant convenor Bill Roche JP Алу person OI meeting advocating or agreeing to take any action which leads to arrests under these offences could be charged with conspiracy.
The maximum penalty for eac ot these offences is six months in jail or £1,000 fine or both: wi: the exception of the offensine weapon offence. where the maximum iail sentence S three all charges be heard by Magstates brings us back to the of how trade ипюп could represent the workin their struggles while at the time act as Magistrates enforcing capitalism's laws 255 jailing and fining the workire sias In the figh: :=.: -- -ruling class. should .:- .. .:. :.= SERICE
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Longbridge workers marching against wage control earlier this year later, when the miners had reached first plants to accept a company close to the bottom of the wages offer undermine the rest. league. If this kind of abstract 'unity' TGWU Convenors have ended their sham 'opposition' to the plans of the British Leyland Board and the NEB to restructure wage bargaining.
Agreement has been reached with the national officials of the unions involved, and now the Confed is to be used to tackle the real obstacle to the plan-the bitter hostility of the British Leyland labour force.
The new wages structure which is central to management strategy is based on the principle of centralised, corporate, This is not a goal in itself, but is another crucial step towards the employers ultimate goal-industry wide, American-style legally binding Master Contracts negotiated by the top officials of the major unions and only reviewed every two or three years.
DESTROY
At this stage Leyland management want to destroy the principle of plant level bargaining which from their point of view gives too much power and independence to the shop floor.
It is not surprising that Leyland management have been supported in this by the trade union leaders, ın particular Scanlon of the AUEW and Evans of the TGWU.
The starting point of these officials has long been the viability of the employer and they do not flinch in sacrificing their members to that end.
Workers may however, find It is hard to see any difference between this and the position of management.
But this position is not just verbally defended by 'Militant' At the meeting of Leyland Cars convenors on August 4, referred to in Ashworth's article, 'Militant' followers supported a motion from Rover stewards.
ACCEPTANCE
This motion called for the acceptance of the corpor ate bargaining 'principle' and for an immediate corporate claim of £15.00 per week.
It was eventually voted down the slimmest of margins.
But Ashworth defends the motion in clear terms:
"The right to factory autonomy', he says, 'goes against the experience and principles of the labour and trade union movement' 'Our over. riding responsibility', he goes on, 'is to strike for the unity of all workers'.
To support his argument for abstract 'unity' divorced from the requirements of the real world, Ashworth points to the two miners' strikes.
These, says, were examples of corporate bargaining creating 'unity'.
MASSIVE FALL
Yet miners' wages fell massively after flat rate payments and corporate bargaining were brought in.
Action has been sus] sended for four weeks in a u nionisCorporate bargaining is to hand the advantage employer.
The influence replaced by the weak.
Under plant strongest plants wages and bring disturbed by these carryings on only a few hundred yards from his This was only reversed years designed to the of the strong is influence of the bargaining the lead the field on forward the rest.
Under corporate bargaining the is to be the order of the day, the problem is-where does it stop?
If Measured Day Work creates more 'unity' than piecework, and if corporate bargaining creates more 'unity' than plant bargaining, does it not follow that industry-wide bargaining would create more 'unity' than even corporate PRESS, Wednesday We could take the argument further: if 'unity" is created simply by widening the bargaining units, then the ultimate in 'unity' must be the social contract-through which all organised workers were supposedly "represented' by the TUC.
FALSE 'UNITY'
It is clear to everyone that such 'unity' is false. It simply creates the best conditions for the employers.
What must be developed instead is a fighting unity. A unity which starts from the independence of the working class from the trade union bureaucracy and the defence of workers' living standards.
This cannot be done by accepting corporate bargaining -even with a 'democratically elected' negotiating committee.
It can only be done by recognising and defending the right of every group of workers to struggle for wages.
Once you reject that principle you hate some Mitand est not do for example, now they have accepted corporate bargaining, about workers in a plant who refused to accept a pay deal and struck against the majority decision of the rest for an improved offer?
BROUGHT TO HEEL?
Should such workers be brought to heel in the interests of 'unity'; or would 'Militant' support them in their bid to break up the new corporate structure?
The need is not for 'left' formulations of management policy, but an independent programme pointing the way in which workers can fight to regain and defend their standard of living.
This is the only basis for the unity of the working class.
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FOR BE
outnumbering the opposition, as every occupation will, whether at
CR ATION MINAL