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Striking the balance

Brian Taylor | 12:08 UK time, Monday, 2 February 2009

A somewhat acute dilemma for UK Government Ministers, including the Scottish Secretary, with regard to the .

The dilemma? Whether to insist that the employment of Italian and Portuguese workers for a project at the plant is entirely in line with EU - and hence UK law?

Or whether to voice sympathy for those objecting to the deal, perhaps mindful of Gordon Brown's previous pledge to enhance "British jobs for British workers".

Ministers, including Jim Murphy, have stressed that wildcat supportive action in Scotland should play no part in the dispute.

Mr Murphy has intervened in an effort to calm the atmosphere north of the Border.

But of course that doesn't address the central question: is there in any way a genuine grievance here, regardless of the tactics?

Weekend chatter featured some ministerial and ex-ministerial sympathy for the British workers.

Too hasty

However, today, most seem to be taking their line from Lord Mandelson.

Which is that, provided UK employment law, including the minimum wage, has been observed, then there can be no dispute: that the hiring of EU citizens by the refinery's subcontractors is legal.

For myself, I think one or two have observers may have been rather too hasty in criticising the strikers by accusing them of intuitive xenophobia.

Yes, it is true that there are political forces who may welcome the opportunity to exploit such a dispute. However, that does not mean that, ipso facto, there is no grievance at source.

The Scottish workers I have heard protesting about the Lincolshire deal have argued that they are not opposed to the employment of foreign workers per se.

Rather, they complain that this particular deal has withheld the prospect of British workers getting the chance of employment.

The basics. The refinery is owned by Total. They contracted to a Calinfornian firm to extend diesel refining capacity at the plant.

That work was then sub-contracted to an Italian firm with a proviso that they would use their established Italian and Portuguese workforce.

Total has strenuously denied that it has any policy or practice of discriminating against British workers.

The workers' case is that there would appear to be exclusion in this particular issue. This may be settled by arbitration.

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