HC Deb 29 March 2004 vol 419 cc1361-3

  1. ' Section 174 of the 1992 Act (right not to be excluded or expelled from trade union) is amended as follows.
  2. In subsection (2)(d) for "entirely attributable to his conduct" substitute "in accordance with the rules of the union relating to exclusion or expulsion unless the consequence of exclusion or expulsion is that the excluded or expelled person is for that reason denied or deprived of employment or unless the exclusion or expulsion is unlawful.".
  3. Omit subsection (4).'.—[John McDonnell.]

Brought up, and read the First time.

John McDonnell

I beg to move, That the clause be read a Second time.

Madam Deputy Speaker

With this it will be convenient to discuss amendment No. 26, in page 48, line 40 [Schedule 2], at end insert—

'Section 174(4).'.

John McDonnell

I shall be exceedingly brief. The new clause and the amendment deal with the right of trade unions to exclude members. That obviously relates to the case of Mr. Steff and ASLEF. Mr. Steff was a member of the British National party.

The new clause gives effect to article 11 of the European convention on human rights and fundamental freedoms, which is part of UK law by reason of the Human Rights Act 1998. Article 11 explains that a person can be excluded from an association as long as that does not result in a disproportionate penalty or unlawful discrimination. The only right to prevent somebody joining a union is if that would result in a disproportionate penalty—for example, loss of employment—or if it would be contrary to the law on discrimination on the grounds of race, sex, gender and so on. The purpose behind the new clause is to put into the Bill, simply and clearly, the ability of a trade union to determine which person can join. At the same time, it prevents a union from discriminating against people if it would result in loss of employment or offend existing legislation.

Mr. Sutcliffe

My hon. Friend will know that in Committee I introduced a new clause—it is now clause 28—to give unions the latitude to deal adequately with political activists who pursue a racist or xenophobic political agenda. Our main aim was to ensure that unions could deal effectively with the kind of far-right political activists who are infiltrating their ranks and sowing the seeds of hatred and intolerance. At the same time, we wanted to protect the essential freedom of individuals to belong to a political party. I believe that there is widespread support for the Government in tackling this issue.

Amendment No. 31 deletes the existing clause 28 so that new clause 16 can take effect. New clause 16 aims to achieve some of the same effects but does so in a different way. The new clause aims to give unions greater latitude by ensuring that they can exclude or expel individuals as long as it is within the union's rules to do so, and as long as it is lawful to do so and the exclusion or expulsion does not result in the individual being denied or deprived of employment.

Both clause 28 and my hon. Friend's amendments cover similar territory. In many respects, we share common objectives. However, I believe that our clause is to be preferred. My hon. Friend's amendments go too far and would threaten important freedoms.

New clause 16 would give unions a wide-ranging freedom to exclude or expel. However, the amendment would take no account of the need to protect essential freedoms for individuals to belong to a political party. Our proposals provide for unions to expel on grounds of political party activities. We believe that is fair. New clause 16 would provide for unions to expel or exclude on those grounds or on the grounds of just belonging to a political party.

I recognise that this issue has a number of human rights implications. It concerns rights of association both for existing union members and aspiring union members. It also raises issues about rights of expression. This is a delicate area. As I have said, I believe that our proposals strike the right balance.

The new clause also refers directly to the "rules of a union". In Committee, questions were raised as to whether the use of this term, in relation to the remedies that are available when an individual is excluded or expelled, is broad enough to cover the aims and objectives of the union in promoting diversity and opposing discrimination. Such objects or aims are not always expressed as union rules. We think that this is an issue that needs to be addressed in clause 28. We are therefore holding discussions with the TUC with a view to bringing forward amendments in the other place. I urge my hon. Friend to withdraw the new clause and related amendments.

John McDonnell

I beg to ask leave to withdraw the motion.

Motion and clause, by leave, withdrawn.

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