Zero day right to justice

Jeremy Corbyn and Laura Pidcock made speeches to the TUC which covered the Party’s commitment to fairness at work. They commit to a worker’s protection agency to enforce the minimum wage and the necessary ban on zero hour contracts.  To these two critical reforms the need to reduce the employment service qualification for access to Employment Tribunals should be added.

I have made a proposal to Labour’s Policy Forum to this effect, although I might be a bit moderate in that I suggest a 3 month period where others are asking for Day Zero. Absolutely, the 2017 manifesto was to implement Day 1 rights as it should be. You can login and vote it up if you like. …

Member’s rule change proposals

Member’s rule change proposals

I met up with some people who had seen Labour’s Conference Agenda items and they said that the following rule amendments were to be debated, or at least rules on the following topics. N.B. I have not yet read these, so my comments may be a bit off.

  1. A proposal to amend the so-called three year rule on rule changes, allowing popular changes to be debated within the current three year moratorium.
  2. There will be a rule change about OMOV for Executive Mayor’s and Council Leaders (& Deputies).
  3. An amendment to re-establish Clause IV, the rule not the group
  4. A proposal to permit amendments to motions at Conference.
  5. A rule change to clarify the rules on access to membership data lists.
  6. A rule change to permit BAME only shortlists; I have not read this rule change but am aware that this is likely to require legislation.
  7. A rule change on democratising the LCF, barring councillors and increasing the size, and having 25% of delegates as TU delegates.
  8. A proposal to submit  both a rule change & a motion. Again I have not read this so I don’t know if it changes the number to be submitted beyond one of each.
  9. A motion changing the rules to ensure the transparency of public official’s/candidate’s finances
  10. A proposal to revise revision of disciplinary rule, C2.I.8. (I have not read this, but it’s a clue to search it out and read it.)
  11. A proposal on greater diversity in CLPs.

It seems the NEC will be proposing to amend the disciplinary process. The desire is to create a fast track process but the fear is that they are proposing to fatally weaken the legally necessary separation of powers/segregation of duties between the NEC and the NCC. Obviously one needs to read it, but this sounds like one to oppose.

Rules are currently proposed to be debated on Saturday afternoon. Delegates will need all their credentials, including their card vote books which are *not* sent by post. …

What I said on the surveillance state

What I said on the surveillance state

I took my “surveillance society/human rights law” motion to my CLP GC last week. This is the speech I intended to give, it runs for about 2 mins; I had to cut it down.

In 2013, Edward Snowden, a contractor at the US’s National Security Agency blew the whistle on the NSA, and it’s five-eyes’ allies attempt to bug the whole of the internet, exposing the lengths that the intelligence services were prepared to go in building a surveillance society.

A debate exploded about the legality of their activities and we came to see the importance of their failed attempts under both Labour & Coalition Governments to legalise their activities with the Communications Data Bill versions 1 & 2.

In 2014, the Court of Justice of the European Union struck down the Data Retention Directive as in violation of the EU’s Charter of Fundamental Rights; in the UK a law was rapidly passed to leave the rights of the intelligence services in place.

Over time these surveillance powers have been extended by via both Legislation such as the Immigration Act, the Counter Terrorism and Security act which authorises Prevent and by “voluntary” agreement such as the #getitrightfromagenuine site programme.

This has been capped of by Theresa May’s Investigatory Powers Act, which has since been declared in contravention of the Charter of Fundamental Rights because the captured information can be retrieved for reasons other than serious crime and these retrievals are not reviewed by a Judge.

To this list we should add the Data Protection Act’s immigration exception, which means that immigration data is not subject to the GDPR rights of accessibility and correction.

At the centre of this is the intelligence service’s desire to treat everyone as suspects and to infringe their privacy without proving “reasonable suspicion”.

This is also about political power and how to exercise it; these measures are designed to take power away from us, from citizens and our neighbours.

If you look at the laws that underwrite the surveillance society, Immigration, Counter Terrorism and the DPA Immigration exception, you can see that the first victims of the surveillance society are migrants and ethnic minorities.

We should say and conference must state that freedom of expression and the right to privacy are universal human rights, that the current surveillance and investigatory powers regime is in breach of these rights.

It’s time for Labour to get on the right side of this debate, for too long the portfolio has been in the hands of fans of, or those that fear the securocrats.

250 words is too short to make the whole argument which is why I propose a commission to develop the policy further.

This motion is unlikely to be passed elsewhere so it’d be great if you voted for it and agreed to send it to conference.

The motion carried but we decided to send a great motion on social care. Does anyone have time to put it to conference? …

Chessum on Labour’s Brexit Policy

Michael Chessum charts Labours to & fro-ing on Brexit, the article is entitled, “How Labour Screwed Up On Brexit”” and comes to the conclusion that

  1. Corbyn himself is not a Lexiter
  2. its opportunism and not Lexitism that has led us to where we are
  3. the priority unlike on everything else has been electoralism
  4. the opportunism of rump New Labour and the issue’s weaponisation by Labour First brings out the worst in Corbyn’s supporters in terms of a siege mentality

He makes the point that changing our policy immediately after the European elections doesn’t have the scent of principle.

His criticism that Labour needs to listen to its members and voters, refresh its democracy and put principles first certainly speak to me.

One of the good things in this article is his capture of the history of the policy and its advocates over the last three years. …

Democracy for the many

The CLPD has considered for several years the vulnerability to the Left should there be another Leadership election in which the incumbent, Jeremy Corbyn was not able to stand.

The Democracy Review proposed changing the nomination threshold for Leader/Deputy Leader by  reducing the number of PLP/EPLP nominations and introducing effective nominations for affiliates and CLPs. The NEC in its pre-conference meetings rejected the Democracy Review proposal and reduced the PLP threshold to 10% while introducing  additional effective nominations from CLPs and affiliates. Many on the Left think the 10% threshold is too high for a true believer to be on the ballot paper.

Given that the Rule on Leadership nominations, Chapter 4, Clause II.2.B.i.  was changed at Conference 2018, Rule changes to this rule proposed by CLPs and affiliates may not be debated at the next three conferences. R3.III.1.H.

Some people in the CLPD came up with a cunning plan, since the number of motions was to be increased, the Left should use one of its motions to mandate the NEC to bring a rule change to the leadership nomination threshold to Conference 2020. See here.

Max Shanley, partly motivated by the anger felt at Tom Watson has proposed another motion in a similar vein. It is printed in full at the Skwawkbox.

The difference between the two motions are that Shanley’s motion removes the MPs from the nomination process altogether and brings forward the mandate to produce a rule change to this year from the CLPD’s 2020 time-line.

Both these will probably mean that the Unions will vote against it or stitch it up; the work to win the Unions to this has not been done. This was shown last year where the Unions via their reps on the NEC and their votes on Conference floor voted against open selection, against repeal of the three-year rule, and for the current Leadership nomination threshold. i.e. it was the Union votes on the NEC that voted to keep the MPs at 10% of the nomination qualification.

If these two motions are submitted to Conference and if they get through the Union dominated CAC, they may be grouped as a single topic and then subject to a composite meeting. Getting it through the CAC will not be simple as the NEC (or the Office) have been working mightily to keep organisational motions off the Women’s Conference agenda.

I suppose my fear is that the proposal to eliminate MPs from the nomination process will attract the notice and opposition of the Unions who will use their majority on the CAC to bury both.

I would think very carefully before supporting Shanley’s proposal.

Whatever you do on this issue though, you should seek mandates to support the abolition of the 3 year rule which to my knowledge will be on the order paper; you should seek to mandate your Union delegations as well as this will require Union votes to win. …

Reasons to Remain (again)

Reasons to Remain (again)

I am arguing again with comrades in the Labour Party about Brexit and have looked at two pieces of evidence calling for Labour to become a full on Remain Party. Paul Mason has written another piece, this time in the New Statesman, “Without a transformation on Brexit, Labour’s election chances are dead”, and on statsforlefties, who writes a blog mainly on psephology. They have both changed their mind and argue that Labour must now  support Remain. Mason deals with the politics of Remain and Party unity, calls out the fractures in the Labour Parties internal coalition and the short and long-term electoral issues. statsforlefties argues about short term electoral issues. (I might write a review on Mason’s article, but it’s not long, so I suggest you read it in full; I have mirrored it here.)

I present my argument below, it was in reply to someone who had used deaths in refugee camps and the proposed appointment of Von der Leyden as President of Commission as reasons for sticking with a Leave position. I attempt as I have usually done to distinguish between true believers and those who just think ambiguity is electorally expedient.

We all accept that the EU is not perfect; if we’d done better last month, it’s possible that Timmermans would be candidate for President of the Commission and not Von der Leyen. For those for whom triangulation and winning towns in the North is key, it is getting to the position where neither Leave nor Constructive Ambiguity can enable Labour to win and that pursuing Leave seriously jeopardises our ability to be single largest party. The Party has a choice of pissing off Leavers or Remainers, and we can’t win without the Remainers, in fact it would seem that we can’t be the largest party without the Remainers.

I assume you will vote to Leave in the next referendum dreaming for the ability to build socialism in one country, thus leaving the refugees in Libya and Lesbos to the mercy of an organisation you despise and will no longer be able to influence.

I can think of nothing more I might say that will persuade you of the overwhelming justice and solidarity in the case for Remain. Leaving is a right wing project, there’s no socialism at the end of Johnson & Farage’s project and being seen to support leave looks like it will kill us before the 31st Oct, but if we are seen to facilitate it, it will kill the Labour Party and the Left in this country for a generation.

I am so tired of it, as a Party we must unite to build a better world; I am tired of the dishonesty and fantasy of true believer Lexiters. (I distinguish between those and the triangulators, but they need to make their mind up too.)

There is no economic benefit to leaving, the EU’s democracy and rule of law is superior to ours and citizenship rights inc. freedom of movement are better within the EU and this is all before we talk of building a peaceful and democratic ever closer union of peoples. But whenever we discuss this with you, you counter democracy with economics, you counter the economics with allegations of being anti-refugee, you ignore freedom of movement and migrants’ rights or even argue that migration is not in the interests of the British working class and you ignore the allegation that you are supporting the worst of the right in our country. (I have never accused you or any Lexiters of being Putin’s fools & puppets, but it’s beginning to look that way.) This is not the behaviour of comrades.

Von der Leyden is not appointed the President yet, but if she gets it, it’ll because the racists and enemies of democracy in Eastern Europe & Italy got their revenge on the man and movement that called out their racism and autocracy. He and they/we stood by the first rule of the EU, to belong you must be a democracy, with an independent rule of law. This is a fight that everyone who ignored and subverted our appeal in the European Elections (and I would include those whose behaviour corrupted the selection process) is on the wrong side of history.

  …