This year, in the run up to Labour Party conference, the Campaign for Labour Party Democracy is supporting a rule change to make the Parliamentary Labour Party (PLP) accountable to Labour Party Conference.

If adopted, this rule change would require the PLP to report directly to the conference, including on MPs’ discipline, with the conference able to confirm or reject disciplinary decisions that are of concern to delegates.

There is currently a gaping hole in the Labour Party rule book in that the Parliamentary Labour Party (PLP) is not accountable to Annual Conference. The work carried out by the PLP to advance or implement Labour Party policy and discipline within the PLP are not reported to the conference, nor do delegates have a say on disciplinary decisions they believe are of concern. The NEC and NPF have to account to the Party’s sovereign body, but not the PLP. This needs to be rectified at this year’s Conference.

CLPD is urging CLPs to submit this urgent rule change to this year’s annual conference of our Party. Each CLP may submit one rule change and the deadline to do so is 12 noon, Friday 11th June.

Given the tight deadline for submitting rule changes to this year’s Annual Conference (11th  June), CLP officers may need to arrange different meeting dates than usual to ensure the appropriate CLP meetings can consider the proposed rule change.

Below is the suggested rule change for CLPs to consider. You can download a pdf version of the rule change here and a Microsoft word version here. You can also download both versions at the bottom of this page.

Campaign for Labour Party Democracy – Suggested Rule Change – 2021

The PLP should be fully accountable to Labour Party Conference

Amendment

At Labour Party Rule Book 2020 Chapter 3 Party Conference, Clause III. Procedural rules for Party Conference, 2. Conference rule 2 – Agenda

Insert at 3.III.2.2 new sub-clause B as follows and reorder subsequent sub clauses:

(i) The NEC shall present to conference the report of the PLP, which shall include: a summary of its activity during the previous year, including its work to advance or implement the Labour Party’s policy or programme and an addendum by the Chief Whip detailing any, or all, disciplinary action taken, or ongoing, in relation to any MPs who were elected to Parliament as Labour MPs. This report shall be circulated to all affiliated organisations and CLPs by a date to be determined by the NEC, and not later than 14 days prior to Party conference opening day. Any proposal to review any disciplinary action regarding an MP, supported by not fewer than 30 delegates, and put to conference in advance, or from the floor, shall receive priority consideration and shall be determined by a card vote. Conference shall confirm, or shall void, any decision taken to suspend, or expel, from the PLP, any MP elected to Parliament as a Labour MP. The decision of conference in determining these matters, as it sees fit, shall be final.

(ii) This sub-clause 3.III.2.2 B (ii), conferring on Conference powers set out in sub-clause 3.III.2.2 B (i) above, shall automatically expire at the close of Annual Conference 2021. At the 2021 Annual Conference an item shall be added to the agenda under which the PLP will report to the conference, its activity during the previous year, including an addendum by the Chief Whip detailing any, or all, disciplinary action taken, or ongoing, in relation to any MPs who were elected to Parliament as Labour MPs. Any proposal to review any disciplinary action regarding an MP, supported by not fewer than 30 delegates, and put to conference in advance, or from the floor, shall receive priority consideration and shall be determined by a card vote. Conference shall confirm, or shall void, any decision taken to suspend, or expel, from the PLP, any MP elected to Parliament as a Labour MP. The decision of conference in determining these matters, as it sees fit, shall be final.

Supporting Argument

Currently there is no requirement (in Labour’s rule book) that the Parliamentary Labour Party (PLP) be accountable to Annual Conference. Both the NEC and the NPF are accountable through their report to Conference, as required by the rule book.

However, the PLP is not accountable to Conference and currently the rule book does not require it to be. Conference receives no written report detailing the work that the PLP has been carrying out. There is no account made to Conference, for it to consider, setting out any PLP disciplinary action taken against Labour MPs. Neither the NEC Report nor Leader’s Speech detail such matters, nor provide an opportunity for Conference to make its view clear on matters it may wish to make a decision on.

This absence of PLP accountability is a very large flaw in the Party’s internal democracy, that needs to be urgently corrected, preferably this year (2021).

If this rule change is agreed, in future years Conference delegates will receive a written PLP report and will be able to discuss it. The report will include a Chief Whip’s report detailing any disciplinary decisions that have been taken and Conference will be able to confirm or reject any such decisions if it wishes to.

As this change to the rules is long overdue the new rule, if agreed, will start to be implemented from this year. 2021 Annual Conference will receive a verbal report and it will be able to take decisions on the Chief Whip’s report.

Frequently Asked Questions

Q1: Is this amendment Legal?

A: Yes. The Labour Party is an unincorporated association. It is governed by the contract between members (the Rules). The Standing Orders of the PLP are sub contractual rules of the wider Labour Party. Their authority is vested in Chapter 5.II.3.B of the Party Rule Book. As a Party Unit subject to the wider Party Rules the PLP is bound by the general rules and under Chapter.1.X.4 Party Conference has the authority to amend the Party Rules as it sees fit.

Q2: Are the PLP subject to the Party Rules?

A: The PLP is not a separate body, it is a component part of the larger Labour Party. The Party Rules at Chapter 5.II.3.B authorise the PLP to operate under the PLP standing orders, which are subject to NEC endorsement. The Party Rules at Chapter 1.VIII.E and Chapter 4.III.A.i.e confirm this relationship by appointing PLP members to the NEC.

Q3: Will this prevent disciplinary actions on sexual harassment, anti-Semitism, racism etc?

A: The amendment does not impact Party disciplinary matters because it is limited only to a suspension from the PLP whip. Other disciplinary allegations fall under the Party Rule book disciplinary Rules such as Chapter 1 and Chapter 6. Under Chapter 6 any PLP member can be suspended from Party membership, in the same manner as any ordinary Party member. If suspended from the Party an MP is also automatically suspended from the PLP whip. The proposed rule change is limited to permitting Party Conference to confirm or void only a suspension from the PLP made under the PLP standing Orders and would not authorise reversal of a Party imposed suspension under the wider Party Rules.

Q4: Does the amendment mean the Chief Whip must provide private disciplinary ‘details’ to Party Conference?

A: The amendment only requires that the PLP Chief Whip provide to Party Conference, as part of a PLP Report, ‘…an addendum…detailing any, or all, disciplinary action taken, or ongoing…’. The Chief Whip must detail any action taken i.e. Mr (A) MP has been suspended from the PLP, but no requirement exists to detail the precise reasons, or rationale for the decision to suspend from the PLP. Information that is confidential, or may be damaging to 3^rd parties is not required to be detailed to Conference by this amendment. Information that is in the public domain can be disclosed subject to the Chiefs Whips discretion and any overriding Statutory obligations.

Q5: Will PLP members data be protected?

A: Under Chapter 1.VIII.2.G the NEC has an obligation to ensure that the Party meets its legal and financial responsibilities… in compliance with… legislative requirements. This includes the Data Protection Act 2018. This requirement extends to all Party units including the PLP in relation to Party data. Constituent and Parliamentary data is a matter for the data protection scheme that applies to all individual MPs, who are registered data controllers in their own right. The amendment contains no express obligation on the PLP Chief Whip to disclose data that would be subject to protection by the Data Protection Act 2018. It does not require disclosure of any personal Data of PLP members, other than a name which is already in the public domain. The personal, or sensitive, data of PLP members, or their staff remains protected under the terms of this amendment.

Q6: Would Party Conference be able to suspend a PLP member?

A: The amendment specifically only grants authority to Conference to ‘…confirm, or… void, any decision taken to suspend, or expel, from the PLP…’. There must be a pre-existing PLP displinary action, Conference has no power to initiate a suspension of a PLP member. The only authority that can initiate the process of suspension of a member from the PLP is the PLP itself under the terms of its standing orders.

Q7: Will this take power from the PLP Whip?

A: The Chief Whip continues to have the authority to suspend a PLP member under the PLP Standing Orders and the PLP Code of Conduct. The amendment does not change this.

Closing date for Constitutional Amendments: 12 noon, Friday 11 June 2021