Labour and antisemitism, some thoughts

Labour and antisemitism, some thoughts

I have now read the EHRC Report, Investigation into antisemitism in the Labour Party, and this is what I think needs to be done. I have published some thoughts already and I believe that it is necessary that the Labour rectify its rules and culture to make it a place where discrimination is both absent and shunned, where perpetrators have the opportunity for contrition and that suspensions and expulsions are a last resort applied only after a fair trial. I am particularly incensed to find there has been no policy nor procedures to guide the investigation nor the determination of discrimination complaints because it’s so basic. However, before I look at the specific recommendations, I want to look at some context. The first is Human Rights law, and the second is that the failings are so basic that anyone of good faith will insist that any remedy is applied to all complaints and disciplinary processes and affairs because the failings are systemic, not specific to handling antisemitism complaints. The article then looks at what a fair and independent process might look like and asks that it take account of the ECHR’s Article 6 and 11, the right to a fair trial and freedom of association. It calls for the retention of the NCC and the provision of legal advice to ensure its independence from the Leader and the NEC. It recognises that the Party must be considered institutionally racist and that attempts to fix the problems have been dogged by factionalism. It calls for the adoption of the Nolan Principles. It recognises that things were worse under McNicol until Formby was appointed. It reaffirms that Labour’s policy and rules are made by Conference and not announcements by the Leadership. These issues are explored in greater detail overleaf …

Things improved under Formby

judges gavel

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.

timeline rules leaders and general secretaries

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.  …

On Corbyn’s whip

On Corbyn’s whip

On Jeremy Corbyn’s whip, which Starmer has withdrawn, somehow, certainly in breach of the standing orders of the Parliamentary Labour Party. Momentum have drafted a letter to Starmer, Angela Rayner and the CLP Reps calling for the whip to be restored which you can send too. I have sent it although I amended the letter to make it clear that I believe it, and the original suspension to be in breach of the party’s rules, in breach of the EHRC recommendations and in breach human rights law, and the whip withdrawl is an act of double jeopardy. I also pointed out that in my experience, some of his supporters are now leaving as they consider the act unfair and unreasonable.

I consider it to be at least one of capricious, perverse, irrational and/or arbitrary.  …

Political Interference

I have now finished reading the EHRC Report into Anti-semitism in the Labour Party, and while doing this, Corbyn has been suspended, reinstated and then had the whip withdrawn, by it seems a small coterie of staff, in the Leader’s Office and General Secretary’s office, specifically the Leader and GS themselves. In looking at my blog article to remind me what I said, and what remains unsaid, I came across this quote, which is a recommendation; some work to do, I think.

Acknowledge, through its leadership, the effect that political interference has had on the handling of antisemitism complaints, and implement clear rules and guidance that prohibit and sanction political interference in the complaints process.

EHRC – Antisemitism in the Labour Party (P13)
 …

How to fix the Labour Party

Labour Conference 2019 from the balcony

I am considering getting involved in a so-called debate about Lavery, Tricket and Smith’s recent revision of their No Holding Back report, which has been seized with alacrity by the usual suspects, possibly unfairly; it seems more nuanced than its authors and fans suggest but I may not be reading it sufficiently well. I am reminded of the Data Praxis report, Tory Landslide, Progressives Split, which shows how it might have been worse and blames our FPTP electoral system. I precis them by saying,

“Labour lost because, Leavers in Labour seats, switched to the Tories, but more Labour Remainers from 2017 switched; Corbyn (& the manifesto) were now unpopular and thus too many Tory Remainers stayed with the Tories.

Dave Levy

We should also note that Lavery, Tricket and Smith do not mention Scotland; it’s not their expertise but there’s no answer without the Scots.

While looking at what to say, and for help in understanding the problem, I was concerned to be truthful at the state of the red wall parties’ health, but it seems hard to get the local contact rates, which will all be poor nor to get the member/voter ratio. I looked at Labour Together’s report, again to see if they said anything useful about local Party organisation/structure and campaigning. This is difficult to be honest about because of the back office chicanery in Labour HQ on 2017 & 2019 and the myths and maybe truths about how Momentum’s volunteer organisation saved us in 2017 get in the way. They i.e. Labour Together don’t say anything useful or concrete about CLP organisation. We should also note that the Democracy Review did nothing to improve local campaigning effectiveness either. Perhaps we should be listening to Crispin Flintoff on his campaign to fund CLPs properly.

About the Labour Together report, I found this, at Immigration News, which pulls no punches. I say, using their words,

[the] New Labour Together Report investigates Labour’s 2019 Election Defeat with crushing honesty – but glosses over senior saboteurs behind the Labour Leaks dossier. A 150-page report published this week by research group Labour Together serves up some stone-cold truths and analysis in what may have led to Labour’s downfall in the 2019 General Election. “

Olivia Bridge – Immigration news JUne 2020

I have written about “What happened?”, and created a reading list tagged “ge2019” on my diigo feed, and to remind me and others of what wise people said, I also reproduce the Electoral Calculus chart on where votes came and went.

I have made a sankey chart from this, it would seem that this chart is for England & Wales only, but for other source notes, you’ll need to check out the original article.

The Labour Together report is strong on the need to get the strategy right; I think we may need to end the factionalism first and recognise the members must have the first and last word but we also need to resolve the fault lines in our coalition, because much of the pro-Brexit positions came from Labour politicians on the right of the party whose heritage is the “Control Immigration” mug and future road is that of Blue Labour, “work, family, community”. Adopting this sort of rubbish and its racist sub-text will jeopardise Labour’s city heartlands, apart from just being wrong. …

On the EHRC report

The EHRC have  issued their report into Antisemitism in the Labour Party, they say that Labour needs to rebuild trust & confidence in the antisemitism complaints handling process, reform and provide education & training, most importantly to complaints handling staff, and monitor and evaluate the changes. Everyone has committed to doing this and the proposals are not controversial. They also found that unlawful acts under the Equalities Act had occurred and therefore served an unlawful act notice on the Party. The Labour Party is now legally obliged to draft an action plan by Thursday 10 December 2020 to tackle the unlawful act findings that were made in the report. The action plan should be based on the EHRC recommendations to avoid such acts from happening again. With good will, this should be possible, but with the remaining actions taken that day, we have to question if the Labour Party actually wants to move on. The rest of this blog article looks at the report and selects some quotes, it concludes, with the statenebt that, "The Labour Party will not fix the problem of anti-semitism or other appalling behaviour whether it be based on a protected characteristic or just straight forward bullying and cheating, until it recognises the corruption of the disciplinary process caused by factionalism. This diversion i.e. the suspension of Corbyn will make the task of making the Party a welcoming place for all who wish to join much harder. I have signed the petition that he should be reinstated, and the CLPD have published a solidarity motion to put to CLPs and Union Branches."

A new Labour Left

A new Labour Left

I have been ill over the summer; I wish I had written this earlier as the wheel tracks of the political debate in the Labour Party are probably too deep for these thoughts to take hold, or maybe not, some of the articles bookmarked here suggest some deeper thinking is going on. This blog article examines the inter left dialogue and what might be done to promote a greater left unity. It notes the number of people who voted for Starmer and Corbyn, it’s a lot, and suggests that these people are key to the future platform pursued by the Labour Party. We need a majority that will build a fair and principled discipline system and a democratic policy development process that allows out membership to lead the party. This blog article , see overleaf, explores these issues in more detail

Labour, human rights and the #spycops bill

Labour, human rights and the #spycops bill

I am pretty disappointed with Labour’s decision to abstain on the 3rd Reading of the Covert Human Intelligence Sources Bill. It’s truly disgraceful and allowing the State’s secret policy to operate with impunity jeopardises important human rights such as the right to a fair trial and the right to organise (freedom of association) not to mention the rights to privacy although the investigatory powers act of 2016 put these on the bonfire. Most of its opponents focus on murder, torture and rape, but the destruction of the rule of law and its application to the police is an on-ramp to these crimes, the principle of an accountable police and prosecutor is the key.

However, Labour is not good on these issues, more recently the PLP led by Burnham & Starmer colluded with the IPA 2016, supported the retention of ‘economic’ security as a lawful purpose of the intelligence service’s activities and when I proposed the supremacy of human rights law as a conference policy, it got 2 votes on the NPF web site and my CLP has always sent other, yet important, motions to conference while CLPD’s support was ineffective as they pursued their doomed attempt to rewrite the Leadership election rules. I posted my moving speech to this blog. I am not sure if this is because many people consider the NPF to be a waste of time, or that support for human rights law is weak in the Labour Party, because you can’t eat or burn human rights.

Please vote up my NPF proposal, if its still open and if you can, the software is, to use a technical phrase, a bit shit. Also you might like to share my motion via social media.

ooOOOoo

Hansard have reworked the way in which they report votes, here is their record of the 3rd reading vote, the page opens on the not recorded page.

The Legislation tracker is here, the Lords Committee stage starts in 24th Nov and the Report stage & 3rd reading are not yet planned. If the Lords amend the Bill then it will return to the Commons for what is called the “Consideration of Amendments” where usually the Commons tell the Lords to “go away” (4,3). …

Reeves on the EU

Rachel Reeves, Labour’s shadow spokesperson for the Cabinet Office, made a speech/webcast about Labour’s current Brexit policy, reviewed in Labour List, with the headline, ‘“We won’t be back in the EU”: Rachel Reeves sets out Labour’s Brexit policy’. It just raises the question, where did she get the mandate? It seems she believes that we have returned to the days when Labour’s policy emerged from the back pockets of the front bench spokespeople. This is not why I joined the Labour Party and to go from remain, to only leave if the terms are acceptable, to saying that the UK would not be back in the European Union under a Labour government, without even stating why the Tories deal and strategy is harmful, is shameful and gives evidence to those on the left who say that the people’s vote was merely a trojan horse to undermine the Corbyn project.

Her statement ignores, of course, freedom of movement, Erasmus, flight regulations, and the European Medical Agency and it all assumes that we get a trade deal. We can see the Tories, are not going to sign a reasonable deal and Labour should be putting our stake in the ground, otherwise any deal will seem a victory and even if shite, people will ask where we were.

This policy position will also test the theory that a pro-brexit promise will win more votes than it gains. It’ll go down like a ton of shit in a fan factory in Scotland and London. It must be remembered that Reeves has form for stretching Labour’s consensus, her time as shadow spokesperson on welfare include some disgraceful speeches and I have previously reported on her channelling of Enoch Powell. Giving her a second chance was a mistake. …