I am writing something else about a positive response for the Labour Party to the EHRC’s excoriating report on the Party’s disciplinary process. Unlike many I consider the lack of process and the lack of process controls to be the worst finding. I also think that the EHRC has failed to balance Human Rights vs. Equalities law but the Labour Party’s disciplinary process needs to be reformed because it’s dreadful on every dimension.
I propose to say,
The Labour Party needs to rewrite its disciplinary code, embedding Article 6, together with the principles of natural justice, innocent until guilty, proportionate punishment, the MacPherson principle, technical & organisational controls to stop the destruction of records or other improper behaviour, robust victim care, fairness to complainants to stop the premature and arbitrary rejection of complaints, rules on how to deal with NEC & Staff, policy about how to exercise the Party’s safeguarding responsibility and inform the police or other responsible persons of any crime, policy on how and why administrative suspensions are to undertaken, prohibiting disguised double jeopardy and guaranteed timescales.
It’s shameful that a committee i.e. the NEC, where every member is a trade unionist and over one third are activists or full time employees of and within the Unions, that such a piss-poor state of affairs can exist, and do so for so long!
And the process needs to apply to all complaints, and as I think about it, the grounds for punishment, are currently, “ … [action which] is prejudicial, or in any act which in the opinion of the NEC is grossly detrimental to the Party “, this permits expelling people due to the reputational damage caused by acts of speech, this is wrong. The test should be the contravention of the equalities law or other laws we consider critical such as the PPER or the Bribery Act. i.e. bringing the party into disrepute is not good enough, uncomradely behaviour might be, criminal acts of relevance to politics definitely is, although they should be dealt with, in the first instance, by the police.
Originally published at https://davelevy.info on January 24, 2021.