Rescind

Labour’s rules for Party Unit’s have a three month moratorium on “rescinding” a decision.

Using Google, I find this definition

rescind /rɪˈsɪnd/ verb
revoke, cancel, or repeal (a law, order, or agreement).

This would mean to me that changed circumstances and the review of a position that was not carried or made, would be permitted. …  …

What is to be done by Labour on Brexit

Back to Brexit, I had reason to write this somewhere else, and decided to share it here.

There is not a consensus within the Labour Party on remain because some who seem to want to leave on any terms will not accept that within the party they are in a tiny minority. The agreed position of the Labour Party is Composite 5/18, which says we reject any deal that does not meet the 6 tests. We seek to bring down the government and win a general election and otherwise all options including a public vote which offers remain are on the table. Despite the attempts of some to smear the supporters of a 2nd mandate as rump new Labour, there were over 100 motions at conference calling for a people’s vote. That is the popular will of the masses, not the result of a tiny caucus’s manipulation.

It would be easily possible to argue as an election manifesto promise that we would seek to negotiate a better deal and then put that to the people i.e. repeat Harold Wilson strategy. This would unite us all except those who want to leave on any terms and hide behind a bogus loyalty to the leadership; most of whom seem unwilling to use a 2nd mandate as a means of escaping the shitstorm we’re in. They are going to look pretty stupid when the Party finally decides that remain is better than the deal on the table.

It is unacceptable that a tiny minority of the party, many of whom have no elected mandate seek to capture it and hold it hostage to a so-called Lexit position and collude with the Tory Government in running the clock down.

There is no principle in arguing that we should remain ambiguous on this issue for reasons of electoral strategy, examined here at statsforlefties; I’d have thought that we have all learnt that we need to take a principled stand by Labour’s actions on the 2014 immigration act where most of the PLP followed a whip to abstain FFS. 😣

ooOOOoo …

Phantoms

It’s that time of year when the large unions send out their affiliation cheques to the Labour Party for 2019. This raises questions in the minds of many Labour Party activists.  I have written about this a couple of times, Most importantly, on organisational eligibility and on communication with the affiliating entity. Bit back by popular demand …

  1. Only national committees and branches of Trade Unions may affiliate to a CLP, although most Unions will send a cheque (or on-line transfer) from a regionally administered political fund. (Affiliation payments must come from the political fund.) Regional bodies may not affiliate.
  2. Each affiliating entity must pay 6p/member resident in the constituency subject to a minimum payment of £6.00 and is entitled to 5 delegates unless local rules with an adjustment to the blank rule in Appendix 7 ((Ap 7.III.1)) change this or the affiliating entity has over 1000 members living in the constituency when a delegate entitlement for that entity may be negotiated between the Union, the CLP and RD/GS. This limit would also apply to National Committees of Trade Unions, only five delegates/affiliation.
  3. Only branches of socialist societies may affiliate to CLPs. (C7.III.1.c). Most don’t seem to have them.
  4. All communication between the CLP and the affiliating entity must be to the affiliating entities Secretary (C7.IX.6); without this fact the CLP cannot send notices of business nor validate that any proposals for business such as motions or requisitions for emergency meetings are validly authorised. i.e. an affiliation must include documentation detailing the entity’s secretary’s contact details.

Some organisations seem exceptionally casual at best in conforming to some of these rules.

Delegates must be LP members of the CLP and members of the affiliating entity (or full time employees).

A CLP has the duty to ensure the affiliation is valid, and thus it needs to have the branch name(s), the branch secretary’s contact details, the delegate names and the date of the meeting at which the delegates were appointed/elected.

CLPs should adopt rules that any money sent by Unions or Socialist Societies not accompanied by valid affiliation documentation is to be treated as a donation.

You may find that some members of LP regional staff will have some difficulty with the views expressed here. …

Summer of 15

From the summer of 2015, through to the summer of 2016, with time off for winter ski trips[1], the Labour Party Head Office ran a purge of the Party’s membership which otherwise grew from about 180,000 to 550,00, a growth of 206%.

This note describes the impact of the purge. These numbers do not include the 125,000 (about 25%) excluded from the leadership election in 2016 by the imposition of a freeze date, nor the tens of thousands rejected as registered supporters.

These numbers have been constructed using Christine Shawcroft’s data (see here on the CLPD site)  and survey techniques[2],[3]. The data values have been normalised[4] between those categories where data is available and those where the values have been derived via survey.

We should bear in mind, that the guilty have been deemed so by the bureaucracy with some oversight from the leadership of the NEC Disputes panel; no hearing, no defence and no appeal.

 


[1] I dunno, I made it up, I have no idea how many of Labour’s Compliance team ski.

[2] The survey work was conducted by someone else.

[3] The sample was constructed via advertisement and opt-in. It is possible that it under-estimates those whose investigation was terminated or finished with no further action.

[4] My stats professor will be turning in is his grave. …

The denoument

The denoument

… of the Democracy Review

This is a report on the debate at the Democracy Review. It is best read in conjunction with Conference Arrangements Committee (CAC) Report 1, pages 28 to 55. The Democracy Review was grouped into eight packages, these covered,

  1. Member’s Rights, which basically codifies the longevity requirements for [s]election as a candidate or to internal office, restates the need to belong to a Union, reduces the longevity required to stand as a delegate to conference. It also introduces a right to dignity and respect and a duty for all party officers to behave fairly. (Not quite Nolan though!)
  2. Local Structures (CLPs & Branches), defines the means of changing from branch & delegate to all member’s meeting governance, reduces the quorum and places further variations in the hands of the Regional Boards not the Director, requires the NEC to define its criteria by which it puts CLPs into special measures, mandates equalities branches inc. youth, reconstitutes the CLP ECs, mandates branch women’s officers, permits job shares, and proposes a new rule on meeting cadence.  The legal authority of the EC is reduced placing it under the authority of the GC/AMM. The package also authorises multi-constituency parties and talks about using IT to maximise participation. All constituency documents, are to be available to all members via a clockwork platform, sorry, I made it up, an electronic platform, “provided by the Party”; I hope that’s the national party as I have thought hard about this and creating a shared disk is not hard, managing the ACL is.
  3. Regional Structures, they are reverting the name of the elected body back to Regional Executive Committee, Regional Rules are to be now owned by the NEC and published in the rule book, Regional Conference is to have rulebook approved standing orders, equalities committees and similar bodies to be responsible to the Regional Executive Committee not the NEC and appropriate rules to be developed to ensue that candidates and Labour officials most appropriately accountable through Regional Executive Committees are managed as such
  4. National Structures: NEC, creates rules for the representation of Young, BAME, & disabled members using an electoral college of 50% members expressed through OMOV and 50% via affiliates, Scottish and Welsh represetation with rules passed to the Scottish and Welsh Conferences and the European Parliamentary Party representation on the NEC. It establishes the rule that NEC vacancies will be filled by bye-elections and critically that the rule changes at Conference 2018 will be current from the day following Conference.
  5. National Conference, establishes an additional disabled member of CAC, deltes the requirement that motions be contemporary, increases the motions to be debated to 20, new woman’s, youth , BAME & disabled members conferences and other representational structures
  6. Leadership Elections, changes the nomination threshold where a vacancy occurs (this now requires 10% of the PLP and 5% of the Unions or 5% of the CLPs), requires CLPs to hold all members meetings to make leadership nominations, we might need a fucking big room, and some statement which I can’t understand about the freeze date; I hope its an improvement, They aslo propose to constrain the acting leaders role in cases where one one occurs.
  7. the National Constitutional Committee (NCC), proposes to increase the size of the NCC, sets a 3 month deadline for hearings, establishes a broader list of penalties inc. reprimands & warnings, leaking of confidential information is to be considered conduct prejudicial etc., as is breach of codes of conduct, the power to suspend and investigate may be delegated (possibly to 3rd parties) and the rules on CLP disciplinary procedures are to be reviewed and amended subject to conference 2019 approval.
  8. and, finally, Westminster Selections where the NEC proposed to reform the trigger ballot by placing a threshold of 70% on the vote required to avoid a selection and counting the votes of affiliates separately from the party branches and requiring 70% in both classes. (This means that a 30% vote for a selection in either branches or affiliates will ensure that the selection takes place.) NB There is space for the application of Demorgan’s Law here,

See 1 – The new rule says, “Members have the right to dignity and respect, and to be treated fairly by the Labour Party. Party officers at every level shall exercise their powers in good faith and use their best endeavours to ensure procedural fairness for members.” Not exactly the Nolan Principles but a step forward.

See 2 – Some of these rule changes are problematic and to my mind not well written, it is an area where having more that 16 hours notice and the ability to amend the rule changes would have been good.

See 4 – C1.X.4.6.F All bodies subject to this rule book shall without delay bring their rules and standing orders into compliance with rules created in order to give effect to the Democracy Review, and their rules and standing orders shall immediately be read as if such amendments as are therefore necessary have been made. Oops! What about inflight AGMs? Also some activists opposed the electoral college for elections of the BAME & disabled representatives.

See 6 – Leadership nominations must be by all member meetings and not by delegate based General Committees.

I note that with package 7, the NEC have sneaked in changes to the disciplinary process, although we can assume that since they excluded this from the remit of the disciplinary review it will not be based on grass roots submissions, although I made my views clear. Some people are worried that the power to suspend and investigate complaints can be outsourced but we have started this process with the Code on Sexual Harassment, where the investigatory process is to be undertaken by a 3rd party with a proven track record of victim care; there is also an argument that the Labour Party needs a greater segregation of duties in its disciplinary code.

Other areas of concern that Conference has given the NEC powers to change some of the Rules subject to confirmation by next years Conference. This is a breach of the Rules’ separation of powers, where Conference makes the rules and the NEC interpret and enforce them although there are plenty of rules in place that say the detailed implementation of the rule are to be defined in an NEC procedural guidelines, often secret or distributed on a need to know.

The failure to circulate these rule changes until Sunday morning is a problem. I am sure the quality and maybe even some of the direction might have been different if delegates had had time to properly digest these proposed rule changes. (There may be a conflict in the rules carried over the issue of membership longevity in order to stand for the NCC.

The debate focused on packages 6 & 8. In particular supporters of trigger ballot abolition were arguing to vote against proposal 8 which is a trigger ballot reform in order to permit a debate on their proposal which was scheduled to be heard on Tuesday, but only if package 8 fell. Momentum changed their mind, from supporting the CAC reference back earlier in the day, in order to debate Open Selection, to support package 8 which would reform the trigger ballot. One could assume that that the best the open selection supporters could get in the vote is the 46% they’d won earlier in the day and voting down proposal 8 might have jeopardised any reform for the next 4 or 5 years.

Some argued against package 6, Leadership Nominations which has the effect of making it harder to get on the ballot paper than the current rules.

On social media, some argued that package 7’s delegation clause i.e. permitting the delegation of investigations would be used factionally.

We had agreed to vote individually after listening to the debate, I voted against the CLP reforms (P2) and against the Leadership Nomination proposal (P6) and voted for the Trigger Ballot reform proposal (P8) as well as voting for all the other packages.

It all passed! …

Arrears

As the AGM season for Lewisham’s Labour Parties approaches, I am considering the various deadlines for payments, decisions and record keeping. The first deadline is 60 days before the AGM date for new affiliates. I have had cause to check what the rules say; it would seem that we need to return to our old friend Chapter 7. This says,

IV.1.D all affiliation fees shall be paid by end of the year.

IX.1.B Affiliation fees due to this CLP for the previous year ended 31 December must have been paid to this CLP a clear 35 days before the date of the annual meeting.

IX.1.C. New affiliations accepted at least 60 days prior to the AGM in the current year shall have all rights associated with attendance at the AGM.

The Labour Party’s financial year is the calendar year. If not paid in the year of account, an affiliate falls into arrears on 1st January of the following year. It must pay the arrears by 35 days before the AGM, otherwise it may be treated as a new affiliate and pay 60 days before the AGM. This could  be easier. but it would seem there are two routes for dealing with arrears.

AGMs must now take place in the second half of the year. …

Power in Momentum I

I have been preparing a little blog article on “Power in Momentum” which has been overtaken by yesterday’s decision by the “Officers” of Momentum to withdraw support from Pete Willsman as a candidate for Labour’s NEC. The article, among other issues, examined the power structures and came to conclusion that with the exception of the powers allocated to OMOV ballots, for which the rules mandated IT still does not exist, every decision and power is granted to the National Co-ordinating Group which meets in secret, doesn’t publish it decisions or its membership and has unlimited delegation powers although it doesn’t publish its instruments of delegation either. (I begin to question if it is genuinely a membership organisation.) One has to wonder why they decided to delegate the decision to the Officers rather than the Chair alone, but it’s a sign of hope that they couldn’t trust the whole NCG even after they purged the remainder of the democratic opposition in the last round of elections.

I have already voted for the #JC9 but do not consider Pete Willsman’s comments to be anti-semitic, and I am not alone, and consider that the Left needs all nine of its slate to be elected. I would urge anyone that has not yet voted that supports the Corbyn leadership to vote for all of the #JC9. …