role within the Party at local, regional or a national level might be in graver danger of damaging the
Party (in particular in the run-up to elections) than an ordinary rank and file member might do.
Similarly, someone without a candidacy or formal representative role but who nonetheless commands
a high media or other public profile might be in danger of continuing to damage the Party's reputation
even during the period of investigation.
Given the serious consequences of suspension (both for an individual member and the Party), and the
ease with which electronic communications can facilitate primary decision- making by an appropriate
body, even at short notice:
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I recommend that the power of interim suspension no longer be vested in the NEC (and in
practice routinely exercised by the General Secretary and/or his staff) and instead vested in
the NCC (to be exercised by a sub-panel of that body). The NCC is the ultimate body within the
Party responsible for judging disciplinary matters. The NCC should be able to consult with its
Legal Panel (as described below) before making such a decision. Further any NCC member with
a particular closeness to participants in a disciplinary dispute or any other conflict of interest
would be expected to recuse him/herself from the relevant panel. Further, it should be for the
NCC to determine the length and effect of the suspension of the membership and other rights
of the individual.
Legal Panel
In addition to more and better legal advice to the General Secretary and his national and regional staff
by way of a new General Counsel to the Party, I believe that final decision-making by the elected NCC
could be improved and given greater legitimacy by the creation of a panel of qualified lawyers who
would assist in the determination of any disciplinary charge laid by Party staff so as to ensure a fair
hearing (including an oral hearing whenever requested). This panel would be made up of volunteer
lawyers of standing (barristers or solicitors of at least fifteen years post-qualification experience) and
appointed so as achieve maximum confidence across the Party.
-
I recommend the appointment of a panel of lawyers for a fixed term of 5 years, renewable
upon application with appropriate terms of reference to assist the NCC in the discharge of its
disciplinary functions. Provision for the establishment of, and appointment to, the Legal Panel
may be made in new procedural rules and revised guidelines pursuant to the NCC’s function of
determining its own procedures.
The Sanctions
In the event of a member being found in breach, the NCC should be encouraged to consider greater
use of a wide and creative range of sanctions. These may include a warning, the requirement for
apologies and/or some other form of sensitive reparation to another member or person or persons, a
public warning or reprimand, suspension from the Party for up to two years, and expulsion.
I do not recommend lifetime bans from the Labour Party. Present or future members of the NEC
should not be robbed of their discretion to consider how someone may have changed their attitudes
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