Two Labour Party comrades have managed to submit rule changes to LP Conference; one is an attempt to ensure that the LP takes decisions conformant with the European Convention on Human Rights, the second is an attempt to constrain the NEC’s powers to make the rules up when conducting selections. The text can be found in this CLPD doc for the first (or below/overleaf), and in this document for the second, (or below/overleaf). Please get mandates to support these rule changes.


Member’s Rights and the European Convention on Human Rights

The Labour Party Rule Book 2022 Chapter 1 Constitutional rules, Clause XII Scope of rules, Section 5 reads as follows:

For the avoidance of any doubt, any dispute as to the meaning, interpretation or general application of the constitution, standing orders and rules of the Party or any unit of the Party shall be referred to the NEC for determination, and the decision of the NEC thereupon shall be final and conclusive for all purposes. The decision of the NEC subject to any modification by Party conference as to the meaning and effect of any rule or any part of this constitution and rules shall be final.

Amendment

After ‘for all purposes.’ Insert ‘The NEC, any person or body using the delegated powers of the NEC, the NCC and its officers and advisors shall take into account and comply with the laws of the relevant UK jurisdiction and the European Convention of Human Rights.’

Supporting argument

Since the Labour Party is not a public body, automatic use of the ECHR does not apply to the interpretation of its rules. This amendment states the European Convention of Human Rights applies to the interpretation of Labour’s rules strengthening member’s rights including the right to a fair trial, right of effective remedy, freedom of expression & thought and right to privacy and a family life.


Current r.5.I.2 [page 33, 2022 Rules]

  1. Party units shall act in accordance with guidance that shall be issued by the NEC in the application of these rules. The NEC has the authority to modify these rules and any procedural rules and guidelines as required to meet particular circumstances or to further the stated objectives and principles of these rules. Further the NEC has the power to impose candidates where it deems this is required by the circumstances.
    [2013 version]
  2. Party units shall act in accordance with guidance that shall be issued by the NEC in the application of these rules. The NEC has the authority to modify these rules and any procedural rules and guidelines as required to meet particular circumstances or to further the stated objectives and principles of these rules. Further the NEC has the power to impose candidates where it deems this is required by the circumstances.
    [72 words]


Proposed Amended Draft, r.5.I.2:

  1. Party Officers, Party units, and Party staff shall act in accordance with procedural guidance that shall be issued by the NEC governing the application of the rules contained within this chapter.
    1. A. The NEC has the authority to modify any procedural guidance, when required to meet particular circumstances, or to further the stated objectives and principles set out within the rules in this chapter, in particular Clause I.1 above.
    2. B. Further when it is required by circumstances the NEC may directly appoint a candidate, subject to the agreement of the governing Party unit in the relevant local area, CLP, LGC, LCF, or such other similar existing or alternative structure and in accordance with the rules in Clause I.1 above. No other Clause in this chapter to dispense with and/or modify normal selection procedures shall include the authority to directly appoint or impose a candidate.
      [145 words]


This amendment is designed to try to stop this clause being used by the NEC as a catch all way to avoid the rules in Chapter 5. The author interprets this clause as being the authority for the NEC to change any chap 5 rules and for instance ignore the rules from last year on by-election selection.

It has been redrafted to take out the authority for the NEC to modify the rules in Chap 5. This means the 5.I.1 rules that guarantee OMOV and everyone being allowed to apply etc would not be subject to the NEC circumventing them. They could only modify the procedural guidance. I have made candidate imposition much harder and the NEC need agreement from the local party unit. Not perfect but makes imposition much harder.

Coming soon, at #Lab22
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