It is clear from reading the EHRC report, Investigation into antisemitism in the Labour Party that things improved when Jenny Formby became General Secretary in 2018, but the EHRC’s sample data looked back to 2011. The EHRC report states several times that the failure to act on the Royall & Chakrabarti Inquiries is a failing and evidence of Labour’s complicity in the inadequacy of its processes. Much of the failure needs to be placed at the door of the then incumbent General Secretary, Iain McNicol, Formby’s predecessor, and the NEC members that allowed him to act with impunity. Additionally it should be noted, to give an idea of the scale of McNicol and Harman’s ambitions, that over 10,000 complaints were lodged over the summer of 2015, leading to over 5,000 suspension and nearly 4000 investigations, all of them with no policy to guide the investigators and the NEC members making judgement. To expedite the process the NEC set up a wonderfully named Procedures Committee to supervise this purge/examination of eligibility, it consisted of Harriet Harman MP, Margaret Beckett MP, the then general secretary Iain McNicol, Jon Ashworth MP, Keith Birch (Unison), Paddy Lillis (USDAW), Jim Kennedy (Unite), Diana Holland (Unite) and Ann Black (CLP). It’s interesting how some of the names are still around and even more powerful today; the Guardian story exposes how the committee rejected legal advice on using the canvassing records as reasons for exclusion. Canvassing records should only be used for the purpose for which Labour holds them, electoral campaigning, anything else is a likely breach of the electoral secrecy laws. I was advised that I must not use the canvassing records as a source of information when recommending people to be rejected as members or registered supporters during this period.
The Labour Party in an attempt to improve the antisemitism complaints handling process has changed its rules three times (Conference 2017, 2018 & 2019), the 2017 amendment removed/weakened the free speech defence, the 2018 amendment made breach of codes of conduct disciplinary offences and gave the General Secretary powers to delegate their authority to people other than staff, and 2019 introduced ‘fast track’ process where the NEC and not the NCC heard cases related to discrimination without hearings. These developments show that the Labour Party took the problem seriously but focused on end stages of the process and in doing so, ignored the investigation stage and decision to prosecute which the EHRC has excoriated. The Party also in making these changes created a special class of complaint, that of discriminatory behaviour, which is treated differently to bullying, slander, thuggery and breaches of the rules for factional advantage.
In the LRB review of Jones’ “This Land” and Pogrund & McGuire’s “Left Out”, the James Butler, says, that
His [Jones’s] account is an improvement on the defensive response that the public’s perception of the problem with antisemitism in Labour was distorted, or that positive changes were made to disciplinary procedures after they were taken out of the hands of anti-Corbyn party staff.
James Butler – LRB
This article is not an attempt to say that Labour solved its disciplinary problems under Formby, it clearly didn’t but she inherited a system far distant from what was needed. Its crap etherealness and its then and current inability to address corruption within the bureaucracy are further reasons why the EHRC recommendations should be pursued. …