Tarry instructs law firm over “allegations of irregularity” in trigger ballot process

Sam Tarry has instructed solicitors at Carter-Ruck to challenge the party over a ‘trigger ballot’ in which local members opted for a full selection process to determine who will be the next parliamentary candidate for Labour in Ilford South.

Members in local party and affiliated branches voted 57.5% to 42.5% in favour of triggering a full process in July. Tarry’s solicitors have today urged the party to halt the process, which could see an alternative candidate selected to contest the seat for Labour in the next general election.

In a letter to David Evans, the solicitors argued that the trigger ballot process was started without “any prior consultation with our client”. They highlighted that Tarry wrote to the general secretary in July, as reported by LabourList at the time, raising concerns over “procedural irregularities” and voter fraud.

“We must ask that Mr Tarry receives your detailed and comprehensive response to his email of July 18th 2022 and to the matters that it had particularised,” Carter-Ruck said in its letter to the Labour Party general secretary.

“Quite apart from it clearly being incumbent on the Labour Party to investigate and address such serious allegations of irregularity, this is plainly required in order that Mr Tarry might consider whether the trigger ballot was conducted legitimately and receive advice on the same.”

They added that “there should clearly be no prospect of this process continuing further until the very serious matters raised by our client have been fully resolved”.

In an email exchange with Labour’s general secretary David Evans in July, Tarry alleged that one member who had not taken part in the trigger ballot and had not been present at the meeting for his ward had nonetheless received confirmation that he had submitted a vote for the option: “I wish to have a full selection.”

The general secretary of the party told the Labour MP that it was “extremely disappointing that an individual has taken it upon themselves to impersonate a member in a meeting” but described the case as an “isolated incident, adding: “We do not believe it constitutes a widespread problem.”

A local party process determines who will contest seats for Labour. LabourList revealed earlier this year a first tranche of 14, followed later by an additional 21, Constituency Labour Parties (CLPs) allowed to start a full selection process.

Where there is already an incumbent Labour MP, an electoral college of local party branches and organisations (branches of affiliated trade unions and socialist societies) affiliated to the CLP first vote on whether the MP will automatically remain as the Labour candidate or whether they hold a full selection process.

All ten party branches voted for a full selection. 17 affiliate branches voted to automatically stick with Tarry as their candidate while three voted for a full process. LabourList understands that all meetings in the Ilford South CLP were supervised by a member of staff from the central party.

Tarry made allegations of other “procedural irregularities” in his email. He said another member had not been admitted to the meeting, because of a dispute over membership arrears despite having paid, for a ward in which he lost by one vote. Evans said the member had not paid in time to meet the agreed deadline.

The Labour MP also alleged that the number of ballots cast in one Labour Party branch in his constituency, Newbury, had been more than the number read out in the prior roll call. Evans said that, after investigation, he understood that the executive member “misspoke”.

The general secretary told Tarry in response to his complaint that it would be inappropriate for him or party staff to “intervene to halt a campaign for full selection” and that it is a “constitutionally recognised process in our rule book”.

“I’m afraid I don’t agree that you have provided any ‘clear breaches’ of Labour Party rules or members’ protected data aside from the allegations submitted by… which I trust the above demonstrates we have taken extremely seriously,” he wrote.

Tarry was sacked from his position as a shadow transport minister last month after the Labour MP gave TV interviews from a picket line of the National Union of Rail, Maritime and Transport Workers (RMT) during a rail strike.

The Labour leadership faced criticism from trade unions for the move. CWU general secretary Dave Ward said that “history does not reflect well on those who sit on the fence in times of injustice” and told Tarry: “Well done.”

Sharon Graham, general secretary of Labour’s largest affiliated union, said sacking Tarry “for supporting working people on strike, against cuts to their jobs and pay” was “another insult to the trade union movement”. Mick Whelan, general secretary of ASLEF, took to social media, writing: “Tarry speaks for rail workers and workers everywhere hold your head up high mate.”

Commenting on the sacking at the time, a spokesperson for the Labour Party said: “This isn’t about appearing on a picket line. Members of the frontbench sign up to collective responsibility. That includes media appearances being approved and speaking to agreed frontbench positions.”

Keir Starmer later said Tarry was removed from his post because he “booked himself on to media programmes without permission” and “made up policy on the hoof”.