A strike for Bonfire Night

Are public-service strikes ever an abuse of power?

The liberal-minded usually have no problems in spotting abuses of power. And the liberal-minded can usually see straight through the protestations of the abusers.

They can call out the City bankers who abuse the bonus system, regardless of the bankers' charming assurances about the "free market". They can deride the tabloids for their excesses, even when the tabloids loudly invoke "freedom of the press". They can dismiss those justifying misuses of police power, notwithstanding the often alarming claims for the need for "law and order" and "anti-terrorism".

In each of these cases, and in many more, the liberal can simply say: that is an abuse of power, and it matters not how you try to defend it.

However, there seems to be a blind spot for many liberals: unnecessary strikes by public-service unions.

When workers who provide public services go on strike, it is an exercise of power. Of that, there can be no doubt. The question then becomes: what kind of an exercise of power is it?

Any exercise of power can be an abuse of power in certain circumstances. Some may perhaps say that there are no such circumstances: striking public-service workers are beyond criticism. Their unions never abuse their power.

But surely this cannot be a serious proposition. Bosses abuse power; tabloids abuse power; police abuse power. There is no good reason why unions are not capable of abusing their power, too.

So, when is it an abuse of power for public-service workers to go on strike?

There are perhaps two elements.

First, there must be regard to the motivation of the strikers. They may use the language of "health and safety" and "long-term benefits", but it is possible that their motives are primarily selfish and financial. If so, such a motivation necessarily prioritises their personal interests above those whom they serve.

Second, there must be regard to the effects. The adverse impact of strikes by public-service workers is normally most keenly felt not by the strikers – or by their bosses. Nor is it felt by those with resources to circumvent the strike.

In particular, a strike by transport workers is hardly noticed by those with the luxury of being able to work from home or drive in to work. Instead, the effects hurt those who will not be paid if they do not turn up; those whose bosses will insist the day be taken as holiday; and those who may actually lose their jobs.

The direct and immediate consequence of any strike by public-service workers can arguably be worse for certain vulnerable and impoverished members of society than any George Osborne Budget.

But public-service unions seem to get away with it again and again. And they do so often with the silent complicity of the liberal-minded.

An abuse of power is an abuse of power; and selfish motives are selfish motives.

And so, as the London firefighters' union astonishingly threaten a strike on – of all days – Bonfire Night, the liberal must ask the questions: Is this an abuse of power and, if so, why is it being allowed to happen?

David Allen Green blogs on legal and policy matters for the New Statesman. He has recently been appointed a judge for the 2011 Orwell Prize for blogging, for which he was shortlisted this year.

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Brexit could destroy our NHS – and it would be the government's own fault

Without EU citizens, the health service will be short of 20,000 nurses in a decade.

Aneurin Bevan once said: "Illness is neither an indulgence for which people have to pay, nor an offence for which they should be penalised, but a misfortune, the cost of which should be shared by the community."

And so, in 1948, the National Health Service was established. But today, the service itself seems to be on life support and stumbling towards a final and fatal collapse.

It is no secret that for years the NHS has been neglected and underfunded by the government. But Brexit is doing the NHS no favours either.

In addition to the promise of £350m to our NHS every week, Brexit campaigners shamefully portrayed immigrants, in many ways, as as a burden. This is quite simply not the case, as statistics have shown how Britain has benefited quite significantly from mass EU migration. The NHS, again, profited from large swathes of European recruitment.

We are already suffering an overwhelming downturn in staffing applications from EU/EAA countries due to the uncertainty that Brexit is already causing. If the migration of nurses from EEA countries stopped completely, the Department of Health predicts the UK would have a shortage of 20,000 nurses by 2025/26. Some hospitals have significantly larger numbers of EU workers than others, such as Royal Brompton in London, where one in five workers is from the EU/EAA. How will this be accounted for? 

Britain’s solid pharmaceutical industry – which plays an integral part in the NHS and our everyday lives – is also at risk from Brexit.

London is the current home of the highly prized EU regulatory body, the European Medicine Agency, which was won by John Major in 1994 after the ratification of the Maastricht Treaty.

The EMA is tasked with ensuring that all medicines available on the EU market are safe, effective and of high quality. The UK’s relationship with the EMA is unquestionably vital to the functioning of the NHS.

As well as delivering 900 highly skilled jobs of its own, the EMA is associated with 1,299 QPPV’s (qualified person for pharmacovigilance). Various subcontractors, research organisations and drug companies have settled in London to be close to the regulatory process.

The government may not be able to prevent the removal of the EMA, but it is entirely in its power to retain EU medical staff. 

Yet Theresa May has failed to reassure EU citizens, with her offer to them falling short of continuation of rights. Is it any wonder that 47 per cent of highly skilled workers from the EU are considering leaving the UK in the next five years?

During the election, May failed to declare how she plans to increase the number of future homegrown nurses or how she will protect our current brilliant crop of European nurses – amounting to around 30,000 roles.

A compromise in the form of an EFTA arrangement would lessen the damage Brexit is going to cause to every single facet of our NHS. Yet the government's rhetoric going into the election was "no deal is better than a bad deal". 

Whatever is negotiated with the EU over the coming years, the NHS faces an uncertain and perilous future. The government needs to act now, before the larger inevitable disruptions of Brexit kick in, if it is to restore stability and efficiency to the health service.

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