Stephen Pollard
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Tomorrow the Employment Bill reaches its final stages in the House of Commons. Section 18 of the original Bill would have allowed trade unions to exclude members of the British National Party and other racists. The Bill that will be presented to MPs tomorrow, however, has a very different version - one that would achieve the precise opposite of the Bill's initial intent. The House of Lords altered it so greatly that it now protects BNP members' union membership. Tomorrow Labour MPs will propose an amendment to restore the original section allowing unions to expel BNP members.
This is not, as it has been presented, a question of trade union rights. Rather, the issue at stake is the very notion of freedom of association. It is in everyone's interest - even, counterintuitively, that of BNP members - that the amendment succeeds, and unions are permitted to decide who may or may not join them.
In law, trade unions ought to have no greater rights than any other bodies. But nor should they, in their internal affairs, have any greater responsibilities. The law should step in only when a private body acts in a way that affects the rest of us.
When unions chose not to ballot members on strike action, the law rightly stepped in. But it ought to be no concern of the State how a union structures its private affairs. If it decides to allow membership only to workers who live in Lancashire, that should be its business alone; it is not the State's role to tell it to offer membership to workers in Yorkshire, too. Similarly, the State should not tell unions that they must allow BNP members to join.
But if it is right that unions should, as private members' organisations, be able to decide for themselves if they wish to include members of the BNP, the same should apply to all other private bodies. If a group of women want to set up a women-only lunch society, the law should not dictate that membership must also be open to men, and vice versa - so long as those groups are private bodies whose activities have no significant impact on the rest of us.
As it stands, the Employment Bill's protection of BNP members' right to union membership is another extension of state interference in freedom of association. Were the BNP a more serious organisation, it would see that this could threaten its own existence. Repellent as the BNP may be, racists too have a right to gather together. Their behaviour should only concern the law when it impacts on others.
All MPs who care about freedom of association - whether it extends to unions, clubs or racist parties - ought to support the proposed amendment to the Bill tomorrow.
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If uions will not let you join, and an employer wish to hire them. Perhaps unions need some comp. like a second less picky union. that way unions can take who the wish.
The Competition Act (the Act) is designed to promote competition and efficiency.
Unions are a busness, and should be treat as 1
Merlin, Saskatoon, Canada
If a union were nothing but a private club, this would not be controversial. However, if I am applying for employment, and an employer is willing to hire me, but cannot do so because a union will not accept me as a member, then union membership has ceased to be a private matter.
John Savard, Edmonton, Alberta, Canada
I see the BNP is joining terrorists, protecting kids and paedophiles as the scape goat to use every time someone wants to strip away hard won freedoms.
I guess its OK to be a militant Marxist and talk about killing capitalists every 5 minutes though
Gavin, London, GB
Unions are out of date !
Morgan, LONDON,
A collective group decides whom is or isn't allowed to join their group. It's in the unions' interest to be as least exclusive as possible. if they exclude significant no.s of potential members they limit their representative power. Its called market forces.
Craig, Brisbane , Australia
My Oxford English Dictionary states, "extreme right-wing or intolerant views or behaviour." The word OR is relevant. This is a descriptive of fascism. Surely then, by analogy, the unions are just what they seek to ban? You can not be both tolerant and intolerant the two are mutually exclusive.
Alfie Hynes, Plymouth, England
There's great potential for mischief here. If they can't refuse you, why doesn't everyone join the BNP, vote to change its clauses to those of the ANL...
Vince Tartrazine, London, Westside,
I'm no fan of the BNP, or what they stand for but the Trade Union is often the organisation that negotiates on behalf of the employees. It is everyone's choice to join or not to join a Trade Union, but if they are going to act as the 'voice of the workforce' they must open membership to all.
Ian Bruce, Glasgow, UK
Presumably it is then acceptable for Unions to exclude Conservatives, Social Democrats, Muslims, Catholics?
John Bowman, Sarlat, France
Either way are allowed to freely associate with whom we like, regardless of the organisation and the discriminations we want, or we are not. So either unions can discriminate against racists and racists can discriminate against other races, or neither can. A principle is either right or wrong.
Rich, Middlesbrough,
So, working men's clubs - private bodies? - can exclude women, by law? Unions can have "significant inpact on the rest of us". Why would anyone - not least BNP patriots - want to belong to a union? Unions are communist backed and will destroy our society - they never oppose cheap imported labour.
Joan Walters, Exeter, uk
"Were the BNP a more serious organisation...." - pretty serious if judged by the panic of Nu Labour and the other parties, using dirty tricks to stop them!!
James Williams, Swansea, uk
So Steven Pollard defends the right of Unions to deny membership to BNP members on the grounds of freedom of association.
The Unions oppose freedom of association based on ethnicity, religion, sexuality, age etc?
This isn't freedom. It's slavery.
Tim Heydon, London, UK
If a union strikes, rubbish can lie uncollected, people can't get to work, OAPs can't pick up their pension, etc. So, yes, you could say that a union's activities have a significant impact on the rest of us. What the unions are saying is that you can join our club, but only if you're one of us.
Steve, Glasgow,
What a novel idea is proposed: Unions have an inherent right to be composed not only of racists, but also may also discriminate on the basis of colour, religion and members of the "The Red-Headed League". What a wonderful antiquarian suggestion. It has Wilburforce spinning in his grave.
Bob Evans, Lowestoft, Suffolk, Back home in Blighty
Special cases make bad laws. Freedom of association has been used far too often to exclude races, religions, and national origins. For the special privilege of a monopoly that would never be tolerated in a commercial enterprise, unions must be made to accept applicants equally.
Richard, Philadelphia, USA