CLPs are encouraged to consider submitting a rule change proposal to this year, which will then be considered at next year’s Annual Conference. The deadline for CLPs to submit a rule change is 12 noon Friday 23 June.

Recommended rule changes for consideration are below and can be downloaded as a  PDF of rule changes here and a MS Word document of rule changes here.

We would appreciate if you could let CLPD know whether any of these rule changes are being pursued in your CLP and the progress being made. Please email us at: info@clpd.org.uk.

Stop the factional abuse of due diligence checks

Rule 5.4.1 pg 33

Chapter 5 Selections, rights and responsibilities of candidates for elected public office, Clause IV. Selection of Westminster parliamentary candidates, 1 reads as follows:

‘The NEC, Scottish and Welsh Executive Committees shall issue procedural rules and guidelines and the timetable for the selection of candidates for Westminster Parliament elections. The Scottish and Welsh Executive Committees will be responsible for administering the selection of Westminster Parliamentary Candidates in Scotland and Wales subject to rules detailed in 2- 11 below. CLPs shall be responsible for implementing these guidelines in line with the rules detailed in Clause I.1 above and following. CLPs must agree their procedures and timetable with the appropriate RD(GS) or other designated officer approved by the NEC.’

Amendment

After ‘elections.’ (line 2)  add:

‘Where any procedural guidelines make provision for ‘due diligence’ checks to be conducted, such checks will be on matters of breaches of Party Rules, serious financial concerns, safeguarding issues, or other exceptional circumstances which the panel may consider a serious issue of personal conduct (not covered by the points above).’

Supporting argument

Currently there is no provision in the rulebook for ‘due diligence’. Due diligence has, for the first time, been introduced into the Procedural Guidelines for the Selection of Westminster Parliamentary Candidates and it has been used to systematically exclude candidates who are not to the liking of the Labour leadership, often for frivolous reasons. This rule change recognises that due diligence checks are now included in some selection procedures, but seeks to make it clear they should refer solely to genuine breaches of Party Rules, serious financial concerns and safeguarding issues, but should not be used as a catch-all pretext to exclude candidates simply because of their political views.

Party members should elect their representatives on the CAC

Rule 4.3.1.B.i pg 28

The Labour Party Rule Book 2023 Chapter 4 Elections of national officers of the Party and national committees, Clause III. Procedural rules for elections for national committees, 1, B. Election of Conference Arrangements Committee (CAC), i reads as follows:

‘i. The CAC shall consist of eight members, at least three of whom shall be women, comprising:

1. Five members, at least two of whom shall be women, nominated by affiliated organisations or CLPs shall be elected by Party conference by means of a ballot on a card vote basis as provided in these rules. Each CLP and affiliated organisation may nominate up to five eligible members for a seat on the CAC in this section.
2. The other two members, at least one of whom shall be a woman, nominated by CLPs shall be elected by their delegations at Party conference on a card vote basis. Each CLP may nominate up to two eligible members of the Party for a seat on the CAC in this section.’

Amendment

Delete the above sub clause i.b and replace with:

‘The other two members, at least one of whom shall be a woman, nominated by CLPs

shall be elected by means of a ballot conducted among all eligible individual members of the party by means of a national one-member-one-vote ballot conducted to guidelines laid down by the NEC. Each CLP may nominate up to two eligible members of the Party for a seat on the CAC in this section.’

Supporting argument

The OMOV method of voting was introduced after party staff were caught influencing delegates in the voting preferences when the election was by CLP delegates at Conference. A return to voting by OMOV of all Party members reduces the possibility of staff interfering in elections which is outside the staff code of conduct, but is being increasingly encouraged by the party machine.

Party Staff, at all times, ought to be above factionalism

Rule 1,8,2 pg 5

The Labour Party Rule Book 2023, Chapter 1 Constitutional Rules, Clause VIII the National Executive Committee, Paragraph 2 reads as follows:

‘The primary purpose of the NEC shall be to provide a strategic direction for the Party as a whole and to maintain and develop an active Party in the country, working in partnership with the Party’s representatives in Parliament, devolved administrations and local government to secure the Party’s objectives. The key functions of the NEC are to:’

This is followed by sub clauses A to G.

Amendment

Add after sub clause G a new sub clause H. as follows:

‘H. Ensure staff working for the Labour Party play a neutral organisational role in the Party’s internal democratic processes, including Annual and Regional Conferences, internal elections and selection of candidates. Staff must at all times be above factionalism.’

Supporting argument

This rule change gives the National Executive Committee, the body democratically elected to ensure that the Party functions fairly and with good governance, responsibility to ensure that staff working for the Labour Party focus on their role in carrying out the Party’s aims and objectives, and in particular the primary focus of winning elections, without taking sides, or getting involved in internal factional differences. As Labour Party staff often have responsibilities for ensuring democratic procedures such as selection of candidates at all levels and the functioning of Annual Conference are carried out in line with the rulebook, it is vital that they are not seen to be taking a particular viewpoint, supporting one member above another or promoting a particular policy position. Inserting this clause into the rulebook codifies this important principle and gives the democratically elected National Executive Committee responsibility for ensuring it is implemented and embedded.

This rule change is in line with the recommendations of the Forde report.

Forde states:

“Party staff were supposed to be – and usually saw themselves as – neutral and not associated with any of the Party’s legitimate (that is, internal) factions, and focused instead on Party organisation and combatting external political opponents… Party staff are, though, rarely apolitical, and their position as gatekeepers of the Party rules has always given them a degree of power to advance a particular agenda…It certainly appears to us that, by 2015, the majority of the Party’s senior staff did not see their roles as requiring perfect neutrality, or even the appearance of it. A practice of officials recruiting in their own image (politically speaking) had, post-Blair, ensured that HQ’s broad political alignment remained steadily on the Right of the Party even as the elected leadership (and membership) moved to the Left….

Ensuring that HQ and regional staff regard their role as being to serve the best interests of the Party as a whole (in part akin to that of the civil service) – rather than to pursuing the narrower objectives of strands within the Party – are required to prevent a future recurrence of these issues…

We therefore recommend as a matter of urgency that a Code of Conduct is introduced [to cover]… the expectation for HQ and regional staff to regard their role as akin to the civil service in serving the interests of the Party as a whole.”

The current NEC appear to have rejected this important recommendation. This rule change therefore seeks to implement it to ensure all members can have confidence in the democratic functioning of the Labour Party.

Members need a Party Ombudsperson

Rule 2,2 pg17

The Labour Party Rule Book 2023 Chapter 2 Membership rules, Clause II Charter of Members’ Rights and Responsibilities.

Amendment

Add new sub clause at end of Clause II:

‘16. Members who consider there has been an instance of maladministration by the Party with regards to this Clause may appeal to a Party Ombudsperson to consider redress.  Such an Ombudsperson shall be elected by delegates to Party Conference on a renewable three year term of office. Decisions by the Ombudsperson shall be final.’

Supporting argument

Outside of disciplinary matters (considered under Chapter 6 of the Rule Book) members have no formal channel to complain about maladministration by the Party.  Establishment of a Party Ombudsperson would give ordinary members a route to submit complaints where the Party has not acted within the rules or unfairly.  The Ombudsperson would be elected by delegates to Annual Conference in order to ensure a separation from the NEC and the General Secretary who are responsible for the administration of the Party.  This would mirror the election of the National Constitutional Committee.