Labour NEC Report July 2022
Ann Henderson, NEC CLP section
The full NEC met on Tuesday 19th July. We met online, due to the heatwave, rather than in hybrid format. The day was dominated by the publication of the Forde Report, a copy of which was supplied to NEC members half an hour before we started our meeting. More on this later.
The agenda was busy, although supported by disappointingly few papers, a point which was raised during the meeting. Numerous verbal reports on the day of a meeting make it hard to prepare and do justice to the concerns of the members we represent. Since rejoining the NEC on 31st January 2022, I have not seen a financial report, a membership report, nor written information on a number of other aspects of the Party’s work. Whilst I understand the cyber incident disrupted the membership system last autumn, other NEC CLP reps tell me there were no written membership reports before that either.
On membership, the General Secretary reported that current membership stands at 415,000, of which 33,000 are in arrears; 15,000 members have joined since January 2022. It was explained that this reflects a familiar pattern of a drop in membership numbers in between General Elections. This seems to me to be an inadequate explanation for the drop in membership figures from 570,000 in 2020.
The impact of the cyber incident means no equality data or regional data has been shared with the NEC, and it is very hard for local Party role holders to do their job. The new membership system will be implemented before the end of the year and will address this and other problems. But with this inadequate information available, I am concerned that the Party is not following any trends amongst particular sections of the membership, nor identifying and responding to reasons for resignations, nor holding accurate membership records which ensure full democratic participation in line with the rights that come with membership.
The meeting opened with the regular Report from Deputy Leader, Angela Rayner MP. There was commendation from the NEC for Labour’s interventions, and Angela’s in particular, in the previous day’s debate on the vote of no confidence in the Prime Minister. The front bench has been leading on the Tory attacks on employment rights, the failure to bring forward the Employment Bill, and highlighting Labour’s commitments on the Future of Work and repealing the regulations which place further restrictions on workers rights. The work on the Green Paper on Employment rights was also commended by the NEC.
Higher profile is being given to the Party’s policies on tackling climate change, and picking up on the absence of plans on civil resilience, as highlighted this week. Angela also referenced her recent appearance on LBC, the policy activities through ‘Stronger Together’ events being led by Anneliese Dodds, and events recently attended including the Durham Miners Gala and Tolpuddle. Questions to Angela Rayner included seeking clarification on the reports on Labour voting against the extension of free school meals; concerns over the messaging around the Shadow Cabinet’s support for the recent industrial disputes, including attending (or not attending) picket lines; a call for Labour to have clearer policy on maximum temperature working protections; recognition of rising rates of COVID and a response; seeking clarity over the role of Stronger Together in relation to Party conference and the National Policy Forum; concerns over the potential impact of the Party’s proposals on managing CLP reorganisation in England on the back of the Boundary Commission review, the outline of which is expected in October; and urging the Party to be stronger on explaining tax cuts means public service cuts.
In response to various points raised, the Deputy Leader confirmed the Shadow Cabinet was looking at the question of maximum working temperatures, reaffirmed Labour’s belief that it is a basic right to withdraw labour; and that there is full support for the trade unions. The questions on Shadow Cabinet presence were raised again with the Leader later in the meeting. In response to the question on free school meals vote in the Lords, Labour Peers had taken this position as it was an uncosted policy. On Stronger Together, Anneliese Dodds leads on this, but it is to be assumed that its report will go to Annual Conference, and members will have the chance to discuss it. Similarly with front bench spokespeople and policy announcements.
At this point (around 50 minutes into the meeting –12.50) it became known that the Forde Report had been leaked. Expressing strong disappointment, the Chair and the General Secretary proposed the NEC formally publish the Report and come back to a discussion on it later in the meeting. This was agreed unanimously.
We then moved onto the General Secretary’s report. In addition to the membership information to which I referred earlier, David Evans reported that good progress was being made on improving campaigning and fundraising, and staff who were taking the Westminster selection process forward were thanked. Following on from conference decisions that were said to improve the processes for both selections and trigger ballots, the GS reported that the process was working better. The importance of the due diligence measures was stressed. Consultation is ongoing with staff regarding reorganisation. There is a review ongoing of all properties/assets in regions and nations, and we were advised that a new central London location is being sought, near to Westminster and providing a good working environment, as the Party’s lease at Southside ends in October 2022. The fundraising team is working well, brining in sizeable donations and legacy gifts, following the ethical policy previously agreed by the NEC. Pledges are coming in for the General Election Fund.
NEC members asked for more information in written format, and the General Secretary indicated this could be provided following an NEC meeting, but the immediacy of some of his report meant that it was better to be verbal and as up to date as possible.
At the NEC Organisation Committee two weeks before, a paper had been presented which outlined a proposal for appointing interim officers in all CLPs in England, by early 2023 (except where local authority elections are pending, when different processes may apply). Yasmine Dar, Ann Black and I all raised questions about the practicalities of this, the impact on regional staff resources and on CLP local democracy, and the continuing uncertainty over accurate local membership records; suggestions made included allowing CLP officers to remain in place where the impact of boundary change affected 20% or less of the membership, or another agreed figure. The General Secretary did agree to take this all back, to discuss further.
Other questions raised included: assurances re COVID safety measures at forthcoming Annual Conference (agreed to raise immediately with Events team currently on a site visit); concerns over the promised Black and Minority Ethnic members’ conference; the lack of Disabled members’ Party structures being established; trigger ballot processes continuing despite complaints being made during the process (examples given included Poplar and Limehouse, and Ilford South); staffing shortages and pressure on capacity in a number of regional offices; reassurances sought that Party staff would be supported following the publication of the Forde report, noting current low morale (GS advised that there was an all-staff meeting scheduled for the following day); I also asked if the regional and national Officer reports could include recording the progress with establishing Women’s Branches and Women’s Committees; for more information on the membership of the Campaign Improvement Boards and where interventions were taking place; and I asked that the representations from Tottenham CLP and Hornsey and Wood Green CLP, with regard to Annual Conference participation, be addressed as a matter of urgency. All NEC members had received a copy of a letter from two former staff members regarding the Party’s public response on their experience, now picked up publicly in their solicitor’s letter to the Guardian, and an assurance was sought (and given) that this would be replied to.
In response, the General Secretary assured the NEC that equalities data would be shared as soon as possible, and that all the equalities conference questions would be picked up later on the agenda. With regard to the trigger ballot processes, an assurance was given that all complaints were investigated promptly and the Party believes the processes undertaken so far are all completely robust. The next NEC meeting will receive an update on staffing levels and plans, addressing concerns about pressures in the regional offices in particular. On Campaign Improvement Boards, a new process to offer additional support to Labour Groups that were having problems, signed off at the previous NEC meeting (with no clarity on membership, other than referring to the NEC members being drawn from the NEC Local Government Panel) the General Secretary advised that a number of Labour Groups were now receiving support, including: Hastings, Mansfield, Croydon, Birmingham, Blackpool, Dudley, Redcar, Sheffield, Stoke, Wirral, and Sunderland. The CIB memberships would be circulated to NEC members for information. The General Secretary confirmed that the correspondence from Tottenham CLP and Hornsey and Wood Green CLP would be looked at seriously and followed up.
NEC members have also urged that the trigger ballot process should include clear guidance for procedures when a Member of Parliament is unwell. Prior to the 2019 General election, the NEC amended the procedures to ensure clarity if a Member is on maternity leave, but did not detail any other circumstances where it could be appropriate to amend the process.. This should be revisited.
We now moved to take the Leader’s Report, timing of agenda to suit Keir’s availability. Keir reported on the good progress being made in the polls, in the media questioning now much more focused on the offer from a future Labour Government, rather than looking back, and the Tory Leadership election. Keir commented on the good progress with the selection process which is already producing higher calibre candidates, with rigorous due diligence applied. It was noted that the Commission on the future of the UK, led by Gordon Brown, is preparing its report, looking at how Labour will devolve economically, growing the economy at a local level, whilst uniting the country. Carwyn Jones, as Wales rep, spoke favorably of the work of Gordon Brown’s commission. As an active member of Scottish Labour, this was all of interest, but I am concerned that I’ve heard this Commission mentioned at the NEC but not amongst the Scottish Party membership.
The NEC discussion and questions included: congratulating the leadership on the handling of the situation with Durham police, the outcome of which was said to have vindicated Keir and Angela’s position; a number of very strong contributions by trade union members of the NEC in particular criticising the Shadow Cabinet for appearing to distance themselves from the RMT dispute, and seeking assurances that the Party would clearly promote constructive engagement with all forthcoming industrial disputes; the public mood is with those workers fighting for a pay rise. The Leader was urged to be clear that investment in public sector pay is essential after years of a pay cut; discuss with the trade unions to ensure the facts are understood about each dispute; offer greater clarity on Labour’s attitude to a Scottish independence referendum; highlight the difference between the Labour call for a national care service in England, with the SNP proposal for a national care service in Scotland which is based on commissioning, a different proposal, to which Labour and the trade unions are opposed; and several NEC members appealed for more effective and understandable language to be used in our campaign and policies on the economy; including calling out the profits and incomes of Chief Executives, showing where the money actually is. Supporting workers in their fight for a pay rise should be easy to explain, it was noted, including pressing the point that this is not the cause of rising inflation. One NEC member commented that Keir Starmer’s name was booed at the Durham Miners’ Gala, indicating Labour’s messaging is not getting across.
In response Keir reiterated his own personal commitment to trade union membership, and that Labour and the trade unions are one movement. There is a good relationship with the TUC, he said, and the Green Paper on Employment Rights published last year was cited. From the leadership’s perspective, the role of the Shadow Cabinet is to be seen clearly as ‘a government in waiting’ which does not sit well with being on picket lines. Many NEC members were not convinced by, nor in agreement with, this approach. The points made by NEC members about Labour’s messaging on the economy, and on standing clearly in support of a pay rise in the public sector, were to be taken on board, whilst landing responsibility with the Tories after 12 years of a stagnant economy. Policies are being developed which will tax unearned income properly, more attention will be paid to the ethnic minority pay gap in our campaigning, and our climate change policies highlighted more too. Keir reiterated his view that there would be no deals with the SNP.
The meeting then took a 30 minute break, before moving into the discussion on the Forde Report, starting around 15.15. Keir Starmer was not present for this item nor the rest of the agenda, having other unspecified commitments.
A senior staff member gave a summary of the structure and content of each section of the Forde Report, as an introduction, which was helpful. We then had an initial discussion on content and on next steps. The discussion was calm and considered, and every NEC member who spoke, started by saying they had not had time yet to read the whole Report. With over 1,100 submissions (which were not seen by the Party or the NEC) there had been significant input from members.
The General Secretary commented on the seriousness of the evidence on a culture of racism and sexism, indicated that some of the recommendations on staff management and recruitment had already been implemented, as changes had been made in 2020. Governance and Legal Unit staff reminded the NEC that the report was sub judice as ongoing investigations and active litigation cases were outstanding. It is also the case that the Party is still in ‘special measures’ following the EHRC investigation, and the interaction between that, and the Forde Report, had to be managed with care. Although the disciplinary process as such was not in the Forde inquiry remit, there were recommendations on this, following on from issues raised in their investigations.
Comments raised by NEC members included: noting that the Forde Report recommendations were not legally binding; that the current revised disciplinary procedures are working well, but also comments made that further clarity and improvements were needed; that the Forde Report clearly stated the Ergon house project, with staff diverting election funds to particular areas, was wrong; the need for a full day NEC special meeting, for NEC members to all be allowed the time to consider report and recommendations fully; encouragement for the return of in person meetings to better facilitate discussion, formal and informal; some NEC members argued there was little point in going over old ground again; factionalism diminishes everyone, no return to such behaviour (although a number of NEC members also noted this is not a new experience in Labour’s history); the role of staff when Labour is in opposition must continue to be professional/ as in civil service; that the relationship between LOTO and Party staff had to be clear; questions on how an NEC statement or response will be worked up for Annual conference, which members will expect by then; asking what is the total cost of the Forde Report; highlighting the need for different procedures and financial controls to be applied when decisions are taken to launch Inquiries; concern about loss of trust in staff, which needs to be rebuilt; that comments on poor record keeping and no audit trails need to be addressed in the daily work of the Party.
In summary, as I said, no NEC member had fully read the Report, and members wanted the opportunity to discuss it again, once everyone had read it. Whether that was through a special meeting, time set aside at the next meeting, work on sections of the report, drawing up an Implementation Plan, there was agreement we should come back to it – and by implication there was no agreed response or comment possible. Earlier in the meeting, when the Report was published formally by the NEC, I understood a holding statement would also be put out, making clear we had not had time to consider an informed response.
So, let’s see what happened:
The NEC unanimously agreed to publish the Forde Report around 13.00 (soon after it had been leaked) The Forde Inquiry remit specified that the Report was to be prepared in publishable format, and passed straight to the NEC for decision on publication. The leak bounced the NEC into releasing it with no discussion.
At 13.10 journalists started tweeting the following:
‘NEW: Labour sources say Forde Report “completely debunks the conspiracy theory” the 2017 general election was deliberately sabotaged by party staff opposed to Corbyn’s leadership.’
Who authorised this, who are these Labour sources and how did they read the full 138 page report prior to the NEC releasing it? It certainly was not possible to read it in less than ten minutes. That press comment was ready surprisingly quickly after the document was leaked then released. During the NEC meeting, I was not aware that this was on social media, or I would have raised it.
A subsequent statement from the Party appeared on social media too, which comments on the progress made on some of the Forde recommendations under Keir Starmer and David Evans, says that ‘we’ (presumably the Leader and the GS) will study the Report and report back to the NEC, and concludes:
‘A Labour Party spokesperson said “The Forde Report details a party that was out of control. Keir Starmer is now in control and has made real progress in ridding the party of the destructive factionalism and unacceptable culture that did so much damage and contributed to our defeat in 2019”’
This press release did not come anywhere near the NEC either. The tone is completely inappropriate. It was issued at 16.45 whilst we were still in session, and not shared with us during our meeting or subsequently. Found on social media again.
It was presumably issued with sign off from the General Secretary and the Leader (who was not present for our NEC discussion). It is disrespectful to say the least, of all the NEC members who were taking seriously the difficulty of ensuring full analysis and response to the Forde Report when we had not had time to read it, and it does a disservice to Martin Forde QC and all those who worked on the Forde Report, and those who took the time to make submissions. Given the way in which the briefing lines went out at 13.10, followed by this at 16.45, I question whether the Report had been read before releasing the lines or seriously considered at all. Certainly the press lines do not reflect the cautious consideration by all NEC members, nor do they reflect the complexities of the Report content. And, as the NEC was the body supposed to be in control of releasing the Report, it should not have been possible to read it before 13.00 on Tuesday 19 July.
Tackling factionalism and respecting the Party membership? We’ll see.
The NEC meeting still had other business on the agenda, which was covered very quickly before the meeting closed at 7pm. All constitutional amendments (Rule Changes) have been deferred for NEC consideration on 20th September.
The Selection process in England continues, with a report presented on numbers so far selected, which whilst not showing 50% female, is better than initially expected. However, black and minority ethnic candidates are already disproportionately few in number, which was raised by several NEC members. This will be monitored. Some changes have been made in the procedures following feedback, and may be further reviewed in September. Supplementary guidance on procedure at selection meetings is being produced. There was no discussion on points made by CLP reps which raised the concerns of local members and CLP activists about exclusion of certain candidates or about lack of local representation in panels. The Deputy Leader also raised concerns about the application of due diligence processes which may unintentionally exclude strong candidates from diverse backgrounds, and the ‘over-professionalisation’ of the process. The NEC agreed with the office recommendation to support the MotherED initiative, headed up by Stella Creasy MP. I did ask that this be passed to the National Women’s committee discussion, as yet again the NEC was being advised of work on women’s representation which was not involving our own women’s membership and leadership.
The National Policy Forum Report is being prepared for Conference and the Joint Policy Committee meets on 1st August. The draft Agenda for Annual Conference was discussed and it will be updated.
There was very little time to discuss all the points to be raised on Equalities. Vidhya Alakeson, Director of External Relations in the Leader’s Office, outlined the arrangements for an online event in November for Black and Minority Ethnic members. Several NEC members made strong representation that this was not what had been offered or agreed, and that the delays in establishing the democratic structures for Disabled members and for Black and Minority Ethnic members was unacceptable. Nadia Jama referenced the Forde Report and racism and called for urgent change, which should be demonstrated by empowering members to organise. I also raised again the absence of any report of venue and timeline for a spring 2023 in-person (possibly hybrid) Women’s Conference. A clear assurance was given that the September NEC would have proposals for a venue and timeline for the Women’s Conference and timelines for Disabled and Black and Minority Ethnic members Conferences too. Recruitment of the second equalities stakeholder officer (including the remit to support the Women’s Organisation) is nearly complete. In future the Minutes from the NWC will be shared with the NEC.
Questions were raised at the end of the meeting by the National Campaign Co-ordinator, asking for an update on Regional Office staff capacity and some acknowledgement of the impact of staffing reductions. This will be prepared and reviewed at the Business Board initially.
The meeting finished around 7pm. The next meeting is scheduled for Tuesday 20th September, with an NEC Equalities Committee and a National Women’s Committee meeting also scheduled for Thursday 8th September.
Ann Henderson
ahendersonlab@gmail.com