CWU : LTB 784/08 - Northern Ireland Combined Branch (Formerl

[Big Daz]

CWU : LTB 784/08 - Northern Ireland Combined Branch (Formerly Northern Ireland No 1 Branch)

Hello Darrell,

15 October 2008
Issuing officer(s): Billy Hayes
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No. 784/08 Ref: GS 1.1 Date: 15th October 2008

To: ALL BRANCHES

Dear Colleague

Northern Ireland Combined Branch (Formerly Northern Ireland No 1 Branch)

Further to LTB 545/08, this is to advise Branches that the Northern Ireland Combined Branch (formerly Northern Ireland No 1 Branch) will hold its reconstituted meeting on Sunday November 9th 2008. Elections are currently underway to elect Branch positions.

You should be aware that all the membership of the Northern Ireland Combined Branch will be advised, via individual mail shot to their home addresses, of the forthcoming elections and the day, date and time of the Branch Meeting.

Together with this, the CWU National Executive Council unanimously endorsed the report given below, with respect to an inquiry regarding allegations of criminal activity. The report was endorsed at the NEC meeting held on Wednesday October 8th.


Northern Ireland No 1 Branch: Demand for Enquiry into Criminal Activity

You will be aware that there has been a demand for an inquiry into allegations of criminal activity within the Northern Ireland No 1 Branch. Your Union treats such allegations seriously. You should be aware that your Union's National Executive Council met on Wednesday October 8th 2008 and unanimously endorsed the report details below.

The individual member was provided with a copy of the report in a letter dated 6th October 2008.

The National Executive Council was documented on developments within the Northern Ireland No 1 Branch on 26th March 2008. The document was carried unanimously.

A Special Meeting of the NEC was held on Thursday July 10th 2008 which gave a further update and the document was carried.

A Letter to Branches was distributed on the 11th July outlining the position of the NEC. Not one single Branch of the Union has made any comment on the LTB.
________________________________________________________

A mailshot was issued to members of the Northern Ireland No 1 Branch on 30th July.

There has been one communication from several members of the Northern Ireland No 1 Branch addressed to the CWU National President. The President responded to that communication.

Since the NEC meeting held on July 10th there have been three meetings of the Northern Ireland No 1 Working Party.

Request for an Inquiry into Allegations

Following a response to an unofficial circular that was dealt with in LTB 101/07 the General Secretary received a phone call from a member. The phone call was returned by the General Secretary on February 2nd 2007. Subsequently a letter was sent by Special Delivery to our member on February 8th advising that:


• it is obviously of great concern to the General Secretary that any CWU representative should be faced with intimidation of any kind from whatever quarter.
• If you consider that you are facing threats in the course of your employment, you should seek the assistance of the appropriate level of management in Royal Mail.
• You should also consider availing yourself of the services of the CWU Helpline - you will be aware that this is free of charge to all members and is operated by the Lancaster Group - an independent body - 0800 068 5155
• If you feel that there are threats of intimidation to yourself and your family outside of your employment and CWU representative capacity, you should report the facts to the police.


The General Secretary met with our member and his partner on 19th February 2007. A circular was cleared with our member and issued to the whole of the Northern Ireland No 1 Branch membership on 21st February 2007.

The following commitments were given:

1) The member be handed a copy of a draft letter to go out to members of the Northern Ireland No 1 Branch and to confirm by Wednesday noon - 21st February - whether the draft is ok.

2) General Secretary to confirm that he will launch an enquiry into the circumstances surrounding this and the continuing problems in the NI No 1 Branch

3) Once again to seek to make contact with members of the organisation if at all possible.

_________________________________________________________
The Circular Letter to all Members in the Northern Ireland No 1 Branch

"Dear Colleague

It has been brought to my attention that on Wednesday November 1st 2006, one of our members' homes was visited by people purporting to represent members of a paramilitary organisation. These people issued threats to our member's partner relating to his trade union activities. The distress caused by this visit can only be imagined.

The General Secretary met with our member and his family and is convinced that these threats are real and extremely disturbing. CWU Headquarters are doing everything within its power to ensure the safety of our member and his family. An attempt has been made to contact the people responsible for these threats.

This letter, to all our members in Northern Ireland No 1 Branch, is to advise you that CWU Headquarters unreservedly condemns this act and is committed to actively oppose all forms of discrimination, based on race, creed, religion, age, political affiliation, disability, marital status, sex or sexual gender orientation, in industry, the Union, and society in general. To this end the CWU shall actively oppose any organisation, political or otherwise, whose aims are racist or fascist.

Therefore any member associated in any way, shape or form, however tenuous, with this activity should immediately desist.

I trust that upon reading this letter you will offer your support to our member and his family and do whatever you can to ensure that the Union's values are maintained and upheld."

Enquiry
Attempts were made to inquire into the event surrounding the incident through the use of intermediaries, whilst at the same time recognising the limits of the Union's ability to act on alleged criminal activity.

The General Secretary, (in the presence of witnesses) through a third party, made phone contact with an organisation. The organisation cited refused to accept they had anything to do with the matter. Despite the best efforts, no progress could be made and at the July 2007 NEC meeting, it was agreed to suspend the Branch because of the continuing problems in the Northern Ireland No 1 Branch.

The NEC were documented on five separate occasions.

Prior to CWU Annual Conference 2008, the General Secretary also met with those who continued to seek an inquiry in order to find a way forward. The meeting took place on 17th April 2008. At that meeting, the General Secretary said that he would continue to give serious consideration to an inquiry taking place and had not ruled the matter
out, stressing that any such inquiry must be clear about its remit and adding that the CWU could not substitute itself for the police.

_________________________________________________________

The Northern Ireland No 1 Branch Working Party met on Thursday 3rd July (this was the tenth meeting of the Working Party) and decided that given the efforts of the President Elect at CWU Annual Conference 2008, the CWU should now approach the Human Rights Commission of Northern Ireland to see if that office could be used to have the threats lifted.

Equal Rights Commission
Prior to Annual Conference 2008 the then President and an NEC member met with The Northern Ireland Equal Rights Commission on 12th May 2008The General Secretary was unable to attend because of a long standing commitment.

The meeting focused around three specific areas, an investigation/inquiry into threats made against a member, ongoing education and equality monitoring. In relation to the first topic the Commission was very clear that it was neither their or the CWU's remit to carry out such an investigation/inquiry and that such a course of action should be in the hands of the PSNI. With regard to both education & equality monitoring the commission was keen to work with the CWU (& specifically the reconstituted Branch) on any educational projects to enhance the operation of the Branch & also ongoing equality monitoring to ensure equality and fairness was reflected appropriately."

Police Service Northern Ireland
The General Secretary wrote to the Chief Constable of the PSNI on 23rd April 2008 and a reply was received on 16th May. On 3rd July 2008 a meeting was held with the PSNI at which a background of events in the Northern Ireland No 1 Branch was given with regard to the safety of all our members. It was confirmed that the threat made to one of our members was reported to Lisburn Road Police Station on November 26th 2006. It was also confirmed:

• that no further reports have been received since that date
• no further action was planned by the police.
• to simply name an individual was not grounds that the police would take action.
• that the CWU should not become involved in this matter as it relates to a criminal offence.
• that the CWU should not substitute itself for the police - indeed it should not seek to act as an intermediary on criminal activity.

These strictures reinforced the approach made on this matter by the CWU. That any alleged criminal activity is a matter for the police; that CWU cannot act as a substitute for matters that are proper to the police, that if an individual CWU member has an allegation against another CWU member, the rules of the Union provide for the opportunity to raise
such a complaint under National Rule 14. Criminal activity is a matter for the police to investigate. This advice has been provided to all the individuals who had raised such matters in the past.


_________________________________________________________

Human Rights Commission
The General Secretary and President met with the Human Rights Commission on 5th August.

The Commission's statutory duty under the Northern Ireland Act 1998 is to advise government of legislative and other measures necessary to protect human rights and it may give assistance to individuals in proceedings involving law or practice relating to the protection of human rights.

The Commission has now confirmed that they cannot act in any of the mediation roles envisaged by CWU in regard to this issue. Furthermore, it would not be appropriate for the Commission to facilitate an inquiry into this matter as outlined by the CWU.

The Commission drew attention to the domestic avenues for redress in relation to the various complaints made to the Union by different parties. It was stressed that the European Court of Human Rights does not seek to create a variety of avenues for redress for human rights breaches but rather to address instances where there are no effective means of address in domestic law.

The right to life discussed at the meeting obliges States to take appropriate steps to safeguard the lives of those within their jurisdiction. Generally this is understood to be achieved through

criminal investigation supported by law enforcement machinery. Although it has been recognised in human rights law that the State will be obliged, in certain circumstances, to take preventative operational measures to protect an individual whose life is at real and immediate risk from the criminal acts of another, nevertheless this is not an absolute positive obligation on the State to protect the right to life in all cases and reasonableness of response of law enforcement agencies will be considered.

The European Court has stated in this respect, that the positive duty on the State should not "impose an impossible or disproportionate burden on the authorities".

Issues may arise in the circumstances as outline around the real and immediate element of the risk given the passage of time without apparently the issue of further threat. In the instant case the police have investigated the complaint, opportunity still remains with the Police Ombudsman for Northern Ireland for review of the police conduct in this investigation and there is nothing in the evidence presented which shows that the PSNI have acted incompatibly.

Finally, the Commission would repeat its concerns that the human rights of a numbers of persons would appear to be engaged in the facts as
outlined and this should be borne in mind by the Union in its response to complaints.

_________________________________________________________
The Demand for Inquiry into Allegations of Criminal Activity
There seems little doubt that activity of a prima facia criminal activity took place with respect to one of our members and his partner.

Since the matter has been drawn to the attention of the General Secretary the matter has been dealt with promptly and seriously. Our member was contacted within 24 hours of his phone call to CWU Headquarters directly by the General Secretary. Advice given over the telephone was followed up with a letter within a week and sent by Special Delivery.

• A meeting took place with our member and his partner, following which a letter was sent to all members in the Northern Ireland No 1 Branch condemning such activity.
• Contact has been made with Royal Mail by our member and assistance given.
• Contact has been made with the Police by our member and the General Secretary subsequently.
• Informal talks have taken place with local trade unionists.
• Discussions held with the Equality Commission.
• Assistance sought from the Human Rights Commission

Aside from the Union approaching such bodies, our member has the right, as a subject of the United Kingdom, to seek redress from all the above bodies, together with the Civil and Criminal Courts, the Certification Officer and the Police Ombudsman.

Since the incident was reported to the police on 26th November 2006, to the best of our knowledge no further reports have been received by the police nor any further reports to the Union of alleged criminal activity. Nor have any charges been laid under CWU National Rule 14 on this matter.

In short, the Union has taken every step it possibly can on this matter and, indeed, has stretched itself to the limits of its powers to seek closure on this matter. However, all the bodies that the CWU met with have reminded the CWU forcefully that the Union cannot substitute itself for the police. The NEC did deal with events surrounding the allegation, in taking action to suspend the Branch and subsequent enquiry amongst the members in the Northern Ireland No 1 Branch, a large majority of whom supported the NEC decision.

It is therefore necessary to bring this matter to a conclusion. It must be concluded that our member be advised that having explored every avenue the matter must now be closed insofar as the CWU is concerned. The Union stands ready to assist him as much as it can but it cannot launch any inquiry into a criminal matter.

Any enquiries on this LTB should be addressed to the General Secretary's Department quoting the reference GS 1.1

Yours sincerely


W HAYES
General Secretary
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General Secretary: Billy Hayes

[marky]

The NEC did deal with events surrounding the allegation, in taking action to suspend the Branch and subsequent enquiry amongst the members in the Northern Ireland No 1 Branch, a large majority of whom supported the NEC decision.


i like this part...utter rubbish...