Failure to obey a tribunal summons is a prosecutable offence under Irish law

Unite general secretary Sharon Graham has failed to respond to a court request to give evidence in Brendan Ogle’s discrimination case against the union she leads – and now faces a subpoena, or legal summons, to compel her to attend, for which she could be prosecuted if she fails to comply.

Skwawkbox has covered the discrimination case extensively – Ogle is also suing Unite, Graham and her sidekick Tony Woodhouse over defamatory comments made about him by Graham and Woodhouse in an apparent attempt to discredit Ogle and his discrimination case.

Despite attempts by Unite’s hugely expensive legal team, in an apparent demonstration of their eagerness to keep Graham from having to give sworn testimony, to argue that she was not relevant to the case because she is the UK general secretary and other witnesses would do instead, Workplace Relations Commission (WRC) Adjudicator Elizabeth Spelman has responded to Graham’s failure to respond by inviting Ogle and his lawyers to apply for a binding subpoena to compel Graham to attend and give evidence under oath – which Ogle’s barrister Mary-Paula Guinness has already confirmed in an earlier hearing that she will do.

Ogle’s legal team has until 22 April to file its application and Unite’s lawyers have another week to respond and a hearing of the arguments will take place 7 May.

The Unite argument that she is not relevant falls apart under scrutiny, as she has featured heavily in others’ testimony during the case so far, including her allegedly telling Irish officials to inform Ogle that there was no place for him. Unite barrister Mark Harty has also said that Graham may not be ‘amenable’ to subpoena, as if a legal summons is a matter of whether one feels like being summoned.

Ogle is claiming that Unite discriminated against him by sidelining him on his return from cancer treatment – and that he was told that Graham ‘recognises loyalty’ from those who supported her in Unite’s 2021 general secretary election. Ogle, like many Irish figures and branches, supported Graham’s rival, Howard Beckett.

In last week’s sessions of the hearing, Irish Unite stalwart James ‘Junior’ Coss gave evidence corroborating Ogle’s account of sitting through the creation of a whiteboard chart about how the union would be organised after his removal, to the evident ire of the aggressive Harty, whose approach in the preceding session in February led to several ‘sidebars’ with Spelman and Ogle’s outraged barrister.

John Douglas, former general secretary of Irish retail union Mandate, also gave evidence in support of Ogle’s case, to a similar reaction from Harty.

Sharon Graham has previously cancelled appearances in the Republic, avoiding members’ anger and scrutiny over the union’s ‘disgraceful’ treatment of Brendan Ogle. The situation caused such outrage in Ireland that union members picketed Graham’s long-delayed visit to Dublin, Unite’s Community section condemned it as ‘disgusting’ and a whole sector branch threatened to disaffiliate. She did, however, briefly speak at Unite’s Irish policy conference this week, although she did not attend the union dinner with delegates.

Skwawkbox wrote to Unite to ask for comment on the issue:

Ms Graham failed to attend the Brendan Ogle hearing in Dublin by last Friday’s deadline, despite being asked to attend and testify. The Workplace Relations Commission has now invited Ogle and his lawyers to apply for a subpoena.

Please advise, no later than 5pm:

1. Why didn’t she attend to give evidence?
2. Does she and Unite intend to contest the subpoena request?
3. If a subpoena is issued, non-compliance is a criminal offence under Irish law. Will she comply?

At the time of writing, almost six hours after the reply deadline, Unite had not provided any response. Failure to obey a subpoena in employment cases is a prosecutable criminal offence under Ireland’s ‘Employment (Miscellaneous Provisions) Act 2018‘, with with penalties including prison sentences and large fines.

Sharon Graham’s tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

She has also been alleged by insiders to have:

• banned Unite officials and national banners from pro-Gaza protests
• banned and smeared films and books exposing the ‘Labour antisemitism’ scam
• placed an official under investigation who refused to cancel a Palestine solidarity fringe event at Labour’s 2023 annual conference
• told her chief of staff to threaten a soon-to-retire official with the loss of a pension bonus if he did not soften his support for Palestinians

Her supporters also prevented debate and votes on Gaza at a meeting of the union’s elected executive last month.

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Source close to discussions about Iran says millions would be fleeing Israel if they knew what was being said

Israeli media are often far more honest about what their country is doing – and what is going on in it – than western ‘mainstream’ media are about the same issues. While UK ‘msm’ still maintain the lie that Hamas ‘beheaded babies’ and raped women on 7 October, Israeli media sometimes freely discuss the truth – and frequently and openly write about the ‘immense’ numbers of Israelis killed that day by the Israeli military.

And now, Israeli media are discussing two further truths that will not be aired by UK broadcasters or printed by UK papers.

First, Haaretz – one of Israel’s major dailies – has splashed a headline concluding that Israel has lost – totally lost – the ‘war’, the genocide, it has been raining down on the innocent civilians of Gaza. Lost so badly that Israel cannot be secure – and will not either regain by force the captives taken by Hamas, or end its pariah status:

And second, journalists with sources close to the Israeli regime’s discussions about Iran – which yesterday achieved a measured but compelling attack on Israel in retaliation for Israel’s bombing of Iran’s consulate in Damascus – are saying openly that those discussions are so terrifying that if the Israeli populace knew what was being said, millions of them would be flooding Israel’s main international airport to try to get out of the country:

The UK government, opposition and media are incorrigibly dishonest about Israel’s genocide and its terrible consequences for the millions of innocents in Gaza and the West Bank – and the ruination of both Israel’s and the West’s always-thin pretence as democratic, humane and law-abiding. But the truth is out there – and will percolate through.

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‘Resistance Street’ film premieres in London this week – but not in Unite buildings, against the wishes of Unite officers and reps

The Unite union has continued its trend under general secretary Sharon Graham of banning left-wing films and books by blocking showings on its premises of a new documentary by Richard David – despite its equalities directors first offering maximum help.

‘On Resistance Street’ trailer

The film was shot over a two year period in England, Belfast and New York and features renowned musicians, bands, writers and commentators looking at the role music plays in the fight against Fascism and racism. Siobhan Endean, Unite’s equalities director, initially responded to David’s approach:

Thank you for your email that you sent to our Executive Council. My role is working in the field of equalities within unite and I would be very keen to help you as much as I can. You asked for an email address for our general secretary it is [redacted]  I would also be very grateful if you could share a link to your film, and I will see what can be done to support the film.

However, within a short time this willingness to help was withdrawn, prompting the film’s creators to write directly to Sharon Graham:

Dear Sharon,
I am writing to you as the writer-director of the new British feature-length documentary ‘ON RESISTANCE STREET’, which received its sold-out international premiere in Belfast, at the Queen’s Film Theatre on October 19th 2023.

The film was a two year independent production, shot in England, Belfast and New York. It is an in-depth examination of the role which music has played historically in the fight against Fascism, racism, bigotry and Right Wing ideology.

As such it contains contributions from a wide array of musicians, Trade Union leaders, activists, authors, historians and commentators. These include members of The Sex Pistols, Steel Pulse, Aswad, Stiff Little Fingers, The Levellers, The Men They Couldn’t Hang, The Defects and The Outcasts. There are also contributions from contemporary British artists such as the East London based Grime Star Lady Shocker, who performs individually but is also a founder member of the
ground-breaking ‘Female All-stars’ Grime collective.

Other contributors include: Matt Wrack FBU Leader, Weyman Bennett, national co-ordinator of ‘Stand Up to Racism’, Chris Salewicz, biographer of Joe Strummer and Bob Marley, Anti-Fascist author and historian Rick Blackman, feminist historian and author Louise Raw, Clash ‘Rude Boy’ movie star Ray Gange, leading female Black Lives Matter activist Chantelle Lunt, Terri Hooley, founder of ‘Good Vibrations Records in Belfast, Mexico City Trade Union leader Fernando Luna, New York State Union organiser Dan Gniewekei and others.

The film also shows as to how a new Trade Union, was created in Mexico City, with between 3-400 members, this after a year of online video call consultations, between British, American and Mexican members of an online Clash fans group named ‘Clash Fans Against The Right’. The members involved were full-time Union officers in their own countries. That group was founded by myself and Robin Banks, in direct response to Boris Johnson’s ludicrous and deeply cynical claim that The Clash were one of his ”Two favourite bands”, that obscene announcement contained inside an official Conservative Party political broadcast in November 2019.

That social media group has since evolved into a real life Anti-Racism organisation named ‘Resistance Street’, which has staged live music events in London, Liverpool, New York and Belfast over the last two years. These events also featured many political speakers including Trade Union leaders like Matt Wrack. In its third section, ‘On Resistance Street’ traces that evolution and shows how social media can be harnessed and utilised powerfully on behalf of the Left, when people pool their intellectual and creative strengths.

The film was produced by myself and Robin, the lifelong friend of The Clash’s Mick Jones, who was immortalised in the band’s song ”Stay Free”. A song written by Mick himself and about their friendship. Robin and I were both friends of the late Joe Strummer, whose lyrics and quotes appear at various stages of the film.

This letter is sent in direct conjunction with a recent proposal which originated via friends of mine who are Unite Officers and Shop Stewards in Southampton, the city in which UK production was based. This followed another sold-out Southern regional premiere screening at Solent University Film Theatre on November 17th. The proposal was that there would be a special screening of the film for Unite members, Anti-Racism activists and other members of Trade Unions at the Unite-The Union HQ in Southampton.

I have personally attended previous Anti-Racism documentary screenings at the HQ, which were well supported and successfully received, audience-wise. Secondly, it was proposed that following that initial event, this could act as springboard for a series of special screenings in Unite HQ’s across the country.

Both Robin and myself were only too delighted at this proposal, given it had always been our hope that special political screenings could materialise via agreements with Trade Unions.

Many people who have seen ORS, have commented on its in-depth educational value. The film not only chronicles music’s role in this battle as stated, but charts the entire drift towards the political Right in America, Europe and Britain, as we confront the present. As such, the ascendancy of Trump, the Brexit campaign and the British and European Far Right are all documented, with emphasis on the now alarming authoritarian stances of the current Conservative government in Britain.

We emphasise that given our own political convictions formed over a lifetime, we were absolutely perfectly happy to see this screening and the proposed series across the country, take place with us making not a single PENNY of profit from it all.

We have now been informed that this proposal is not possible, in direct relation to a relatively recent motion passed by the Unite-The Union National Executive.

As you are well aware, that motion has forbidden the screening of any documentary films in Unite-The Union buildings, unless they are specifically to do with working conditions, wage disputes and industrial relations.

The officers and Shop Stewards concerned were truly shocked by this motion. So are we. Firstly, such films are few and far between and are only likely to be made if they were commissioned by Unions individually or the TUC.

Secondly and more importantly, this decision was taken without consultation of your regional political education officers, general membership or indeed the Unite-The Union Community section. As such, we believe this amounts to a Stalinist-style decision and one which stands directly at odds with the overall principles and history of Anti-Fascism and Anti-Racism in Britain.

It is a decision which consequently denies workers/members the opportunity to watch a film like this inside a recognised Union environment. It is a decision which raises serious questions concerning your Union’s commitment to Anti-Racism in general and which constitutes a gross act of cultural censorship.

Working class cultural activism and creativity should be an absolutely integral part of any genuine political education programmes. Particularly when it is based inside energies challenging racism in Britain.

The Shop Stewards and officers all voiced that belief and it is one we share and endorse completely. We are of course aware of the furore caused via screenings or potential screenings of the Jeremy Corbyn film ‘The Big Lie’.

We shall not comment further on that, other than to say until we hear differently, we have to assume that this motion was passed as a knee-jerk, supposedly politically expedient reaction, to all that. If you are of the view that there are other bona-fide reasons behind the motion, we would very much like to hear what they are.

In light of all this, we are now requesting the following:

• That your National Executive convenes to formally re-assess this decision.

• That in doing so, the Executive democratically consults fully with your regional political education officers and only reaches a final decision after such consultations.

If this does not happen, we believe it makes an utter mockery of their supposed role and programmes. We also believe strongly that there should be further extended consultations with appropriate representatives of Unite The Union-In The Community, this also on a regional basis.

It is our conviction that the current decision cuts right to the heart of supposed ‘democracy’, as related to fundamental ethics and principles of Trade Unionism within ‘Unite-The Union’. We believe this decision should be reversed. We believe that these matters will attract widespread attention and public interest within the public domain. With that in mind, we request a formal response from yourself at the earliest possible point.

In Solidarity.
Richard David
Robin Banks

The pair received a response from Sarah Carpenter, Unite’s newly-promoted (without proper process, according to union insiders) ‘Executive head of operations’. The reply, while anodyne in its language, confirmed that Unite has no intention of reversing its ban – and did not address any of the makers’ concerns about the political motivations behind it:

Dear Richard and Robin,

Thank you for your letter which you sent to the General Secretary on 18 December. The GS is currently involved in industrial disputes and has asked me to respond.

Your letter rightly refers to a decision made by the union’s Executive Committee (made up of lay members, elected democratically by and from the wider membership), which was debated and agreed by them at their meeting in September 2023. This decision was ‘That Unite should not use its premises or resources to show or promote any external films or other content that does not relate to our industrial agenda to support the pay, terms and conditions of our members and/or support existing Unite policies. In this context the Union should be especially careful to avoid appearing to endorse any material which causes unnecessary offence to members.’

This would mean that we cannot show any films unless there is a clear link to our industrial agenda. The film you have produced looks fascinating and I am pleased to see that you have found venues where this can be shown. However, from the information you have sent I do not see that there is a link to our industrial agenda, and so we are not able to use Unite premises or resources to show or promote this film.

Carpenter has been accused, acting on Sharon Graham’s behalf, of threatening a soon-to-retire regional official with the loss of his pension bonus if he did not cool his support for the people of Palestine against Israel’s genocide – and of cancelling showings and readings of films and books showing the pro-Israel lobby’s sabotage of Jeremy Corbyn’s leadership of the Labour party and exposing abuse by Starmer’s Labour toward left-wing party members.

Sharon Graham has been alleged by Unite insiders to have:

• banned Unite officials and national banners from pro-Gaza protests
• banned and smeared films and books exposing the ‘Labour antisemitism’ scam
• placed an official under investigation who refused to cancel a Palestine solidarity fringe event at Labour’s 2023 annual conference
• told her chief of staff to threaten a soon-to-retire official with the loss of a pension bonus if he did not soften his support for Palestinians

Her supporters also prevented debate and votes on Gaza at a March meeting of the union’s elected executive.

Apart from the issue of Gaza, her tenure as Unite boss has also been marked by a string of other allegations – which neither she nor the union has denied – including destruction of evidence against her husband in threat, misogyny and bullying complaints brought by union employees. She is also embroiled in both an employment tribunal for discrimination and a defamation lawsuit brought by Irish union legend Brendan Ogle for the union’s treatment of him and comments made about him by Graham and her close ally Tony Woodhouse.

‘On Resistance Street’ will receive its London premiere at The Gate Picturehouse Cinema in Notting Hill on
Wednesday April 17th. That will be followed by a short theatrical run across Britain. The film will then feature in a wide number of national and international Film festivals.

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City sees whole weekend of solidarity and activism

Liverpool and Merseyside saw a whole weekend of solidarity with the Palestinians against Israel’s genocide over the last couple of days – beginning with a demonstration at Aintree racecourse for the Grand National.

Protesters, including members of Merseyside’s Jewish community, received a positive reaction from most racegoers as they braved windy weather to wave banners and Palestinian flags:

Sunday saw a large march through the city centre – numbers that have remained undiminished through the long months of Israel’s ongoing war crimes against Palestinian civilians – including a group of women holding ‘bloodied’ bundles representing the around eighteen thousand children murdered in Gaza:

And on Sunday night, around a hundred activists – gathered at Da Gurka restaurant in Waterloo to share food, lift spirits and raise thousands of pounds for Medical Aid for Palestinians.

Israel is losing the PR war badly, its murderousness and arrogance as it slaughters tens of thousands of civilians, mostly women and children, and tries to starve two million more, appalling the world and prompting millions to turn out on the streets every week. The flailing of its far-right regime is now putting the whole world in danger as it tries to provoke a regional war and bring the US into open aggression against the Muslim nations around it.

Free Palestine. Justice for Gaza and the West Bank.

SKWAWKBOX needs your help. The site is provided free of charge but depends on the support of its readers to be viable. If you’d like to help it keep revealing the news as it is and not what the Establishment wants you to hear – and can afford to without hardship – please click here to arrange a one-off or modest monthly donation via PayPal or here to set up a monthly donation via GoCardless (SKWAWKBOX will contact you to confirm the GoCardless amount). Thanks for your solidarity so SKWAWKBOX can keep doing its job.

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