Council of Civil Service Unions v Minister for the Civil Service Prerogative. Despite an extensive publicity campaign by trade unions, the government refused to reverse its decision, instead offering affected employees the choice between £1,000 and membership of a staff association or dismissal. Those employees dismissed could not rely on an industrial tribunal, as they were not covered by the relevant employment legislation. As such, the Council of Civil Service Unions decided judicial review was the only available route. The decision to ban workers at GCHQ from trade union membership had been taken following the meeting of a select group of ministers and the prime minister rather than the full Cabinet.
Council of Civil Service Unions v Minister for the Civil Service the determination of national security issues is an executive function and it would be inappropriate for the courts to intervene. The House of Lords held the Royal Prerogative was subject to judicial review, just like statutory instruments. However, on national security grounds, the action of restricting the trade union was justified. Lords Fraser, Scarman and Diplock all believed that the issue of national security was outside the remit of the courts. Lord Diplock wrote "it is par excellence a non-justiciable question. The judicial process is totally inept to deal with the sort of problems which it involves." Lord Fraser stated