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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The new catchphrase that John McDonnell hopes will keep Britain in Europe

The shadow chancellor's gambit could prove decisive. 

John McDonnell has a new catchphrase: “Tory Brexit”.

It may sound uncomfortably close to the name of a new character in Star Wars but it’s what McDonnell and his team believe is the best route to turn Labour voters out for a Remain vote in the coming referendum.

Shadow ministers and Labour MPs are increasingly worried that Labour voters don’t know what the party’s stance on the referendum is – and even more troublingly, they don’t much care. That much of the media has covered the contest largely through the prism of the Conservative succession has only made matters worse. The government’s message about the dangers of Brexit, too, are calibrated towards the concerns of Tory voters: house prices, security, and the economy.

As I write in this week’s New Statesman, Vote Leave, the official campaign to secure a Brexit vote on 23 June, has long known that the referendum will be won and lost among Labour voters, hence their early focus on putting more money into the National Health Service and the dangers of the Trans-Atlantic Trade Partnership (TTIP).  

Vote Leave have also, quietly and effectively, been putting it about that a Brexit vote would allow fairer immigration rules for non-European migrants, something that, I’m told, is beginning to make itself felt among Labour voters who have relatives in Africa and from the Indian subcontinent in particular. It is families from these nations that have felt the biggest effects of Theresa May’s failed attempts to meet the government’s net migration target, with even short trips to attend weddings, funerals or graduations falling foul of the Home Office.

McDonnell’s “Tory Brexit” line is intended to defuse those lines of attack. As one aide puts it, “the idea you can get away from TTIP by leaving Europe under a Tory government – it’s nonsense. You’d have TTIP max”. Similarly, the party will push back in the minority press against the idea that a Leave vote negotiated by a Conservative Prime Minister to the right of David Cameron would be more liberal on migration from outside Europe after Brexit, with Seema Malhotra, the shadow chief secretary to the Treasury, to play a big role in that enterprise.

(It also has the added bonus of keeping open the idea that Brexit under a leftwing government mightn’t always be the worst thing in the world, which, depending on your perspective, either defangs the minority of Labour politicians who are pro-Brexit, or allows McDonnell and Jeremy Corbyn  to keep the party united while not closing the door on supporting a Leave vote at a later date. Either way, it’s canny politics.)

Will it work? The fear for Remain is that Vote Leave have a strong message to get their voters out, though the Remain campaign are confident that they are out-organising the Leave campaign on the ground. The fear of an unmuzzled Conservative party may prove decisive in getting Labour voters to the polls on 23 June. 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.