A new disciplinary process (for Labour)

A new disciplinary process (for Labour)

This is the speech I would have made on the rule changes implementing an independent disciplinary system.

The EHRC said we needed an independent disciplinary process, independent of the Leader & NEC. As a Party we should expect that we would develop a process conformant with the standards of natural justice and Article 6 of the European Convention on Human Rights.

People are entitled to “a fair and public hearing within a reasonable time by an independent and impartial tribunal”, article 6 also enumerates criteria of fairness, inc. innocent until proven guilty and the right to present a defence and chose an advocate. It also guarantees a free defence for those that can’t afford it.

Such a scheme would require that the investigation and decision to prosecute should be under the direction of lawyers with an ethical commitment to their peers i.e. other lawyers, and that guilt and sanctions if required, is determined by a jury of our peers, advised by legal advice independent of that of the ‘prosecution’. Let us note that the EHRC also called out Labour for not offering the NCC independent legal advice.

These proposals are the wrong way round and will not protect the party from allegations of a factional use of its disciplinary system, not least because of the central role of the General Secretary, who does not and has not previously held a professional qualification guaranteeing a commitment to a standard of ethics. This is not to say that I consider the current incumbent to be unethical, but the fact is he is a paid officer of the party accountable to the NEC and is thus not independent of it.

We have also been told we have to pass these rules, that not to do so would be crime against the EHRC’s remediation plan and our compliance agreement. This is not so. The NEC could and should have proposed a truly independent disciplinary process; this isn’t. We can do better.

To finish, I am pleased to hear the assertions and promises that these rules will prove we’ve turned a corner, and that this shame will end.

There's some comments overleaf ....

Reeves on Macro-economics

Reeves on Macro-economics

It came as a shock that she spoke for an hour, given that delegates who might want to oppose her, only got 1 minute. I summarise the speech here, as much of it was just political ballast, although sometimes you need to build a justification for what we do.

She started with a litany of Tory failures, and repeated the lessons that we can, post-pandemic, clearly see who are the essential workers in our economy and see how poorly they’re paid. She noted Angela Rayner’s announcement of a series of welcome protections and improvements to the social wage and employment protection law and segued to the need for an effective economy that works for all of us.

She started with a litany of Tory failures, and repeated the lessons that we can, post-pandemic, clearly see who are the essential workers in our economy and see how poorly they’re paid. She noted Angela Rayner’s announcement of a series of welcome protections and improvements to the social wage and employment protection law and segued to the need for an effective economy that works for all of us.

I say more overleaf, where I mildly praise the good bits, and critique the missing bits.

Stiff triggers

Stiff triggers

The Party voted to reverse the 2018 trigger ballot reform which had reduced the threshold required to force a reselection ballot to ⅓ of the membership branches or ⅓ of the Affiliates; now it’s ½ of the membership branches and ½ the Affiliates. While in our CLP, all seven branches voted to confirm Vicky Foxcroft as our candidate, there are only seven membership branches, there are over 20 affiliates and we’re arguing about several more. In any seat with a reasonable number of affiliates, it is now those affiliates that decide if an MP needs to be face the membership.

We had been treated to a speech from Shabana Mahmood, claiming that trigger ballots were a distraction from campaigining, but no-one mentioned the failure to trigger Hooey, Danczuk, or Mann, who at the end of their service had ceased to be supporters of the Labour Party, nor of Keith Vaz who had been under investigation since 2009 and yet had been confirmed by the trigger ballots and allowed to run as Labour candidates. In my article, “The Magnificent 7, not!“, I note that Labour lost 15 MPs during the 2017/19 parliament, six of them due to unacceptable behaviour and the other eight through a loss of commitment to the Labour Party. (Of the six, two were new MPs in 2017, yet four had survived trigger ballots although in 2017, there were none, and not all MPs went through the trigger process in 2019. )

Why do we permit the corrupt and foolish to stand & restand? If we make it harder to lose a trigger, the NEC is going to have to look harder at the records of those who ask to remain in place; as it seems they do for Councillors.

It’s fortunate indeed that Conference passed a rule change to mandate selection processes involving the CLPs in the case of by-elections and snap elections. We’ll see if it survives the tyrannical trifecta of Starmer’s NEC. …

Not a panacea

Comrade Cummins explains why Community Wealth Building via procurement is not a panacea. He also shows how to steal more time from the Chair; he was only due a minute, which is an act of contempt to delegates. What can you say in one minute, particu7oalry if you wish to oppose a motion, and how much time does the NEC get to speak? And the shadow cabinet? Unite report on the speech here The video is below/overleaf ...

Some hope from the polls

Some hope from the polls

It would seem the polls are narrowing, with yougov reporting a Labour lead. I held off commenting because sometimes a single poll is rogue. The politco poll tracker reports the Tories on 38% and Labour up to 35%. The Tories have lost 5% (percentage points) since May and Labour are up 2%. Is this real and sustainable. Maybe! The Tories have adopted three policies that affect their base. Now that age is the key determinant of how people vote, it seems to be on par with hitting yourself in the nuts. Read more ...

Competent Business

Competent Business

I hope I get my act together and do the reading or writing for something on ‘shortages’, Citizens take over Europe‘, economics, immigration, union democracy or UK defence policy. But meanwhile here’s a piece on the Labour Party rules and competent business.

I was asked, but not personally, and I paraphrase, “Are motions on the current round of proscriptions and auto-exclusions ‘competent business’ for CLPs?”

I have not read the motions in question and it’s possible to write one that is not competent.

I think that arguing that the proscription process, the criteria defining ‘support’, the members of the list of proscribed organisations, their swapping the disciplinary route from C6/NCC to 2.I.4.B, their prosecution for events that took place before the proscriptions decision, their failure to notify members of the change of rules are wrong, is legitimate business. (You can probably add to this list.)

I think there is an argument that auto-exclusion under Rule 2.I.4.B is not a disciplinary process.

Formby’s ban on discussing disciplinary cases was based the powers in 1.VIII.3.A.iv & 6.I.1.D both of which state that the decisions of the NEC or NCC shall be final but only if the process defined by those rules is engaged. As should be obvious, the decision to auto-exclude means that the NEC & NCC do not take decisions and so these protections for the decisions no longer apply. 2.I.4.B does not provide the “finality” protection to the decision. I would also argue that switching a prosecution track from one route to another is contrary to natural justice as is backdating the date of the events leading to prosecution.

Overall the prohibitions cover individual disciplinary cases, because they belong to other bodies, challenging the EHRC report, challenging legal settlements associated with court supervised apologies, and there’s a form of words stating that CLP leaderships have a duty to “… [create] an open and welcoming environment for people of all communities and backgrounds”. ( I need to find a reference for this last bit, and there is a more explicit guidance as to meaning of this last prohibition but it’s not on the internet nor afaik on the LP’s web site.)

To answer the author’s question, CLP leaderships will get into trouble for ignoring region or GLU advice, or acting in bad faith. If in doubt ask them, but bear in mind your members right to write and move a motion, it’s protected by their rights to freedom of speech and doubly so if the motion is proposed as conference motion.  …

Right to a fair trial

judges gavel

For reasons, which to my friends will will be obvious, I feel the need to post the text of Article 6 of European Convention on Human Rights.

ECHR Article Six

  1. a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
  2. Everyone charged with a criminal offence shall be presumed innocent until proven guilty according to law.
  3. Everyone charged with a criminal offence has the following minimum rights:
    • a.  to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
    • b.  to have adequate time and the facilities for the preparation of his defence;
    • c.  to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
    • d.  to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
    • e.  to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
 …

Afghan Refugees II

I need to watch the Parliamentary debate on Afghanistan yesterday, but I have been busy helping JCWI (Joint Committee for the Welfare of Immigrants) and Another Europe is Possible in developing their responses.  I wrote something on my blog, focused on refugee assistance, although I called for the Govt. to suspend and rethink the Borders Bill. Here, overleaf, are some links and tweets suggesting actions that can be taken, if only retweeting or sharing; also statements from Lewisham Council and Labour Councils ....