Bermudians Against the Draft (BAD) have been given permission to take their fight against conscription to the Privy Council Bermuda's highest court of appeal.

Friday's ruling marks the next step in a process initiated by 14 reluctant conscripts to the Regiment more than two years ago.

They have previously been defeated in the Supreme Court and Court of Appeal. No date has yet been set for the hearing at the Privy Council, which is based in London. The permission to go to the Privy Council was given by the Court of Appeal which agreed that BAD's case is of sufficient public importance to be considered further.

The news was welcomed by spokesman for the group Larry Marshall Sr, who said: "We feel that we have a very strong case going forward. "What people need to understand is that very seldom are these types of case settled at either the primary or secondary level.

"For those of our supporters out there who I know have been discouraged because we've lost at both the Supreme Court and Court of Appeal be encouraged. We have a very strong argument and we do hope to win at the Privy Council. Also, keep in mind what we're fighting for that's the eradication of forced cheap labour."

BAD has listed several grounds upon which it says the policy, which sees male conscripts picked through a ballot to serve in the Regiment, is unlawful. The conscripts claim the policy is discriminatory against men under the Human Rights Act because women are not forced to serve, and that the establishment of a quota for women should have been explored.

They further claim that insufficient effort has been made to recruit volunteers before resorting to conscription, and that the men's call-up notices were invalid for technical reasons relating to the way they were published.

BAD had to satisfy the Court of Appeal that the case was of public importance in order to get permission to go to the Privy Council.

Lawyer for the group Delroy Duncan argued this was so because it concerns the call-up of every conscript to the Regiment, because it involves matters of human rights and because the outcome will have a "great personal impact" on the 14 men who could face criminal proceedings for draft-dodging if they don't win.

This last point caused one of the three appeals judges, Sir Austin Ward, to reflect on the pro-conscription stance of Minister of Public Safety David Burch, a former Commander of the Regiment. "In the absence of a favourable ruling, the applicants would learn some discipline... if we are to follow the Minister of Public Safety this society needs some discipline," he remarked.

Solicitor General Barrie McKay, contesting the application, said: "We accept that there is some importance to this."

However, he argued that the lower courts had considered the question fully before finding against Bermudians Against the Draft, and: "This is not of such great importance that you should give leave to appeal to Her Majesty's council."

Finding in favour of BAD, Court of Appeal President Edward Zacca said documents in the case must be sent to London within 90 days. He also ordered BAD to pay a statutory $12,000 cost payable in all matters that go to the Court of Appeal.

The policy of recruiting by conscription is administered by the Defence Department to ensure that the Regiment has enough soldiers to fulfil its functions of civil and military security, disaster relief and ceremonial duties.

All Bermudian men aged over 18 and under 32 are liable to call-up through a random ballot.