Labour implementing ban on groups in “unfair” way, say 12 NEC members

12 members of Labour’s ruling body have written to David Evans and Margaret Beckett to say they “feel deeply uncomfortable” about the way the ban on certain groups is being implemented, LabourList can reveal.

Update, September 9th: LabourList understands that Ann Black, thought of as a ‘soft left’ NEC member and not one who was backed by Momentum as a candidate, has now also signed the joint letter. There are now 13 signatories.

The national executive committee (NEC) agreed in July to proscribe four groups – Socialist Appeal, Labour in Exile Network, Labour Against the Witchhunt and Resist. Their supporters can now be automatically expelled from Labour.

The papers presented to NEC members defined ‘support’ for each group. For example, supporting Socialist Appeal means selling the publication, writing for it, staffing its street stalls or describing oneself as a supporter.

But, in a letter to the general secretary and NEC chair, the group of 12 NEC members – all considered to be on the party’s left – have now raised concerns over retrospective action being taken and how ‘support’ is being defined.

They have highlighted reports of Labour members being given “notice of auto-exclusions applied retrospectively”, with evidence of their support for a group originating from before the ban was agreed.

The NEC members are also concerned that the definition of ‘support’ being used is not the same as the specific indicators of support that were set out in the NEC papers in July, which means the parameters are being set by staff.

“We don’t believe that how they are implementing the proscription is how it was represented in the NEC meeting,” one NEC source told LabourList. “It’s not fair, I don’t think, the way this has been applied.”

Labour sources have pointed out that banning support for a political organisation other than the Labour Party was already in the rulebook, and members of Socialist Appeal had been expelled from the party before the July NEC meeting.

It has also been said that the lists of ways in which members could be deemed to have demonstrated support for the banned groups were non-exhaustive, and other forms of support – such as social media activity – also count.

Not all Labour left NEC members voted against each of the proscriptions earlier this year. Nine voted against banning Resist, ten opposed the banning of LIEN and LATW, and 12 voted against the Socialist Appeal ban.

The latest letter to Beckett and Evans is signed by the larger left grouping on the NEC, which includes not only those who opposed any proscription on principle but also those who agreed to the banning of some groups.

The group of 12 NEC members has demanded the recall of the ruling body to discuss the issue, or for the matters raised to be added to the agenda of the next meeting, which will be held on September 17th.

Their letter is signed by local party representatives Laura Pidcock, Nadia Jama, Gemma Bolton, Yasmine Dar and Mish Rahman, youth rep Lara McNeill and disabled rep Ellen Morrison.

TSSA’s Andi Fox, FBU’s Ian Murray, ASLEF’s Mick Whelan, Unite’s Jayne Taylor and CWU’s Andy Kerr, all from the trade union section of Labour’s NEC, have also signed the letter.

The Labour Party was contacted for comment.

Below is the full text of the letter from a group of NEC members.

Dear Margaret Beckett and David Evans,

Members of the National Executive Committee feel deeply uncomfortable about the way in which the proscription of political organisations paper has been implemented subsequent to the decision of the meeting of the 20th July 2021. It is the view of those who have signed this letter that the true intent of the decision, as to how it would be applied to individuals, was concealed and/or misdescribed.

We have been made aware that members of the Labour Party, said to be supporters of proscribed groups, have had notice of auto-exclusions applied retrospectively, in so far as it is alleged support prior to the decision of the NEC and that is being used as justification for auto-expulsion.

At no point in the NEC discussion about proscription of political organisations, and nor within the officers papers, was it suggested or stated that members would be subject to suspensions or auto expulsions for past support given to any of the proscribed organisations. Such alleged support of an individual would of course have been given when the organisation in question was implicitly or expressly welcomed into Labour. The mere fact that Labour took no action to either proscribe the grouping or suspend an individual for giving alleged support to such grouping, is reflective of that fact that at that time neither the grouping in question, nor an individual’s support, was considered contrary to Labour values. This retrospective application is unfair, likely contrary to our rules and not something that the NEC should be taken to have agreed to without specific debate.

If this retrospective application is to be applied consistently then anyone who has ever been a member of another political party (proscribed by Labour) can never become a member of Labour. An MP can never cross the floor to Labour.

We are further alarmed at the definition of ‘support’ for the organisations now being applied by GLU. It is a definition that is not only all encompassing but one that’s application is subjective. It is a paid member of staff, not the NEC, who now decides what actions amount to ‘support’ of a proscribed organisation and subject to auto-expulsion.

The examples given to the NEC of what amounted to support were clearly understood by the signatures to this correspondence, intended to be definitive. If the list of what constituted “support” was to be added to then this would be in consultation with the NEC. We accept the papers use the Latin “inter alia”, although the meaning of this Latin term was not explained to the NEC members, it does not mean that the authority for deciding the meaning of “support” would transfer from the NEC to paid staff. This is obviously of the utmost importance as members being accused of “support” are then being subject to auto expulsion and denied the opportunity to make their case to the NEC. This is against natural justice, contrary to the fairness principles that run through our Rule Book but also entirely contrary to the custom and practice of the application of the auto expulsion rule which until now has been precise as to the member’s conduct and not open to such a level of subjective analysis.

Based on the discussion at the NEC and information contained in the the papers, it is our opinion that the Labour Party administration is current acting outside of the authority granted by the NEC.

The officials must now recall the NEC to have a clear and transparent debate about whether the retrospective application is either fair or capable of consistent application. The recalled NEC must also clearly define what future actions will constitute “support” and confirm that it is for the NEC to consider any additions to the list of actions considered by the administration to be capable of constituting “support”. If the NEC is not recalled we wish to formally request to have this matter added to the agenda for our next meeting on 17th September.

If the integrity of the NEC decision making process is to be upheld then the recall must happen without delay and before any further auto expulsions occur.

Yours sincerely,

Laura Pidcock
Nadia Jama
Gemma Bolton
Lara McNeill
Andi Fox
Ian Murray
Yasmine Dar
Mish Rahman
Mick Whelan
Jayne Taylor
Andy Kerr
Ellen Morrison
Update: Ann Black