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10
July 2008
On 16 May the DTI put
out a consultation paper (for responses by 8 August) where
they say they will not appeal the decision of the European
Court of Human Rights on 27th February 2007 where 8 judges
found unanimously in favour of ASLEF in a case that should
have profound positive implications for trade unions.
The consultation paper
proposes one of two options. Both would allow trade unions
the right to expel members whose political membership or activities
are contrary to the unions’ principles. The United Campaign
says that does not go far enough even to comply with the judgment.
View the consultation paper.
In the last United Campaign
newsletter we said “If this Government does not repeal
these laws, we believe the next one might well have to…”
And the DTI say they will change the law. But they say the
case is limited to its facts and there only needs to be change
to deal with a union’s right, in accordance with its
rules, to expel those in a political party whose beliefs are
opposed to those of the union. In this we say the DTI is wrong.
In ASLEF v UK, the European
Court of Human Rights accepted the position that Article 11
of the European Convention on Human Rights - the right of
freedom of association and to form trade unions - means that
the right of ASLEF to choose its members outweighed the BNP
member's right to freedom of expression (para. 50).
But it goes further to
say that "under Article 11 unions must remain free to
decide, in accordance with union rules, questions concerning
admission to and expulsion from the union" (para. 39).
We say that Thatcher's law that outlawed unions from "unjustifiably"
disciplining, or expelling strike breakers must go as it is
in breach of Article 11. This is another argument that we
have been putting over the years.
The Institute of Employment
Rights has produced a Briefing Paper on the ASLEF case. The
Paper was written by the barristers from Old Square Chambers
involved in the case - John Hendy, QC and Michael Ford.
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