DTI consultation: ASLEF v UK - Implications for trade union law: BECTU response

31 July 2007

I write on behalf of BECTU, setting out in summary form our response to the issues raised in the consultation document.

BECTU has not been party to any specific legal cases in this area of law. However, as a trade union we have a clear general interest in this issue. Our views, in outline form, are as follows:

• We welcome the European Court of Human Rights ruling in the ASLEF v UK case, which acknowledges that the union's right to freedom of association was violated by section 174 of the Trade Union and Labour Relations Act 1992, which prevented it from expelling a member on grounds of BNP membership.
• We acknowledge that the consultation document sets out two limited options for reform of s174, ie:
  1. delete any specific reference to political party membership and activity as a special category of conduct (relevant to decisions to exclude/expel), or
  2. retain this category but significantly limit the related rights not be excluded/expelled for such conduct.
• Of the two options, we favour (a) since in our view option (b) introduces unnecessary complications into the legislation.
• More fundamentally, however, we believe that s174 as a whole is not consistent with the European Convention on Human Rights; that options (a) and (b) therefore do not go far enough; that s174 restricts unions' ability to shape their own rules concerning conditions of membership; and that s174 as a whole should be repealed.
• We believe that trade unions should have the freedom to determine who is admitted to or expelled from membership in accordance with their own rule book and with relevant TUC procedures. We do not believe there is any evidence that unions had previously abused such freedom and we therefore believe the restrictions imposed by s174 should now be removed.

We hope you will take note of our views and take action to restore TU autonomy in decisions on admissions to/exclusions from membership.