or behaviour (not least in the light of age, education or experience), though I agree that applications to
re-join the Party after an expulsion will not normally be compelling before at least five years have
elapsed.
Right of Review
In cases where the NCC has ordered that a member be subject to suspension (for up to two years) or
expulsion from the Party, there should be a right to seek a review of the decision on procedural or
proportionality grounds to the Legal Panel, three of whom (excluding any member with previous
involvement in the case) will consider whether the NCC made any procedural errors or breached
proportionality in its prior determination. If this is found to be the case, the Legal Panel will refer the
matter back to the NCC for a fresh determination as the case requires. In this way, the ultimate
decision remains that of the NCC, albeit that greater protection will be afforded if necessary - both to
those subject to the most serious disciplinary sanctions and to the elected Party body who will have a
final opportunity to address any deficiencies in its decision-making.
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I recommend that the NCC make provision for this right of review in new procedural rules
which I recommend are adopted.
Limitation and a Moratorium
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I further recommend that once my guidance (set out in Chapter 4 above) on appropriate
language and behaviour is disseminated, there be a moratorium on triggering new formal
investigations (as opposed to informal discussions) on comments and conduct arising prior to
my report. This in no way effects investigations that began before the dissemination of my
findings and recommendations.
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Further there should be a "statute of limitations" on the bringing of formal disciplinary
proceedings in relation to the kind of "uncomradely conduct and language" (as opposed to
other disciplinary matters relating to e.g. Criminal or Electoral law) that I have discussed
above. I would recommend that this be a period of no more than two years save in exceptional
circumstances.
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I recommend that the entire process set out above be subject to appropriate time limits
governing each stage of the disciplinary process.
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