… 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!

The denoument
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