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The Guardian - UK
The Guardian - UK
Politics
Andrew Sparrow

Corbyn can stay on Labour leadership ballot, court rules – as it happened

Jeremy Corbyn leaving his home.
Jeremy Corbyn leaving his home. Photograph: Neil Hall/Reuters

Afternoon summary

  • Theresa May has said that leaving the EU could be an opportunity for Britain to “intensify” its relationship with EU partners. Speaking at a news conference in Bratislava after talks with the Slovakian prime minister Robert Fico she said:

It is important to underline that while the UK is leaving the EU, we are not leaving Europe or withdrawing from the world. Britain will remain an outward-looking nation, a strong voice for liberal, free market principles and democratic values.

Once we have left the EU we will continue to work with our partners across Europe, indeed Brexit is an opportunity to intensify those relationships. And just as we want Britain to succeed outside the EU, we want the EU to be strong and successful after we depart.

Boris Johnson, the foreign secretary, delivered a similar message on a visit to Paris. Speaking to reporters in French, he said:

I hope I have been clear that even if the UK has voted to leave the EU, it doesn’t mean that we will be leaving Europe. We wish to be as close as possible to our allies, most particularly France, throughout the forthcoming years.

That’s all from me. Have a good summer and I look forward to being back with you all in September.

Theresa May with the Slovakian prime minister Robert Fico (right) at a press briefing in Bratislava.
Theresa May with the Slovakian prime minister Robert Fico (right) at a press briefing in Bratislava. Photograph: Philipp-Moritz Jenne/AP

Boris Johnson, the foreign secretary, has been tweeting about his meeting with the French foreign minister Jean-Marc Ayrault - in English and French.

Owen Smith, who is challenging Jeremy Corbyn for the Labour leadership, has welcomed the court’s decision.

I’m pleased the court has done the right thing and ruled that Jeremy should be on the ballot. This now puts to bed any questions about the process, so we can get on with discussing the issues that really matter.

I’m getting on with the job of talking to Labour members and supporters, and am looking forward to debating with Jeremy as often as possible about our plans for Labour’s future. I will take every opportunity to set out my ideas for a radical Labour Party that can replace failed Tory austerity with a plan for prosperity.

My colleague Peter Walker has more from the hearing on costs.

Michael Foster says he has no plans to appeal against court's decision

Michael Foster, the Labour donor who brought the case, has told the BBC he has no plans to appeal against the court’s decision. This is from my colleague Peter Walker.

Updated

In the full judgment Mr Justice Foskett insists that the key clause in the leadership rules (Clause II.2B(ii) - see 2.24pm) has “a natural and ordinary meaning that seems to me to be entirely clear”.

He also insists that political considerations have played no part in his decision.

I wish to emphasise as strongly as I can (i) that no court brings to any case any political agenda and (ii) that such political consequences or implications as there may be are of no relevance to the legal analysis asked of the court and that analysis is wholly uninfluenced by political considerations or indeed by media or other comment on the issues to be considered ...

It is quite obvious that one side will be pleased with the outcome of the case and the other side will not. Doubtless the dichotomy of view on the outcome will reflect the well-publicised divisions that exist within the LP. I repeat as firmly and unequivocally as I can that the resolution of the narrow legal issue I have been asked to decide is wholly uninfluenced by which side will be pleased with the outcome.

Corbyn welcomes court decision and says legal challenge was 'a waste of time'

Jeremy Corbyn has welcomed the court’s decision and condemned the legal challenge as “a waste of time”. He said:

I welcome the decision by the High Court to respect the democracy of the Labour party. This has been a waste of time and resources when our party should be focused on holding the government to account.

There should have been no question of the right of half a million Labour party members to choose their own leader being overturned. If anything, the aim should be to expand the number of voters in this election.

I hope all candidates and supporters will reject any attempt to prolong this process, and that we can now proceed with the election in a comradely and respectful manner.

Jeremy Corbyn in London today.
Jeremy Corbyn in London today. Photograph: Peter Nicholls/Reuters

Mr Justice Foskett's ruling - Key extract

Here is the key passage from the summary of the judgment.

Essentially it just says Labour’s national executive committee was correct in its interpretation of the party’s rule and that Michael Foster, the Labour donor who brought the case, was wrong. The judge says the rules do not require a serving leader to get the same number of nominations as a challenger.

8. The Judge’s decision on the meaning of Clause II.2B(i) and (ii) is set out at [50] in these terms:

“(a) where there is a vacancy for Leader, anyone who wishes to be considered for the position would require nominations from 15% of the combined Commons members of the PLP and EPLP in order to be a candidate in the election;

(b) where there is no vacancy (because the Leader is still in place), anyone who wishes to challenge the Leader’s right to continue as Leader would need nominations from 20% of the combined Commons members of the PLP and EPLP in order to mount such a challenge;

(c) the Leader would not in that situation (where there is no vacancy) be someone who was a “challenger” for the leadership and, accordingly, would require no nominations in order to compete in the ballot to retain his/her position as Leader.”

9. The Judge said that he believed “that this would be the natural impression that [the words of the rule] would make on the ordinary, objective member of the LP to whom ... the rules are in effect addressed”. [52]

10. Accordingly, the Judge accepted that the decision of the NEC was correct and that Mr Corbyn was entitled to be a candidate in the forthcoming election without the need for nominations.

The key clause in the Labour leadership rules (Clause II.2B(ii)) says:

Where there is no vacancy, nominations may be sought by potential challengers each year prior to the annual session of Party conference. In this case any nomination must be supported by 20 per cent of the combined Commons members of the PLP and members of the EPLP. Nominations not attaining this threshold shall be null and void.

The NEC interpretation (backed by the judge) was that the “any nomination” condition applies just to challengers. Forster’s argument was that it covers a serving leader too.

Michael Foster, the Labour donor and former parliamentary candidate who bought the court case.
Michael Foster, the Labour donor and former parliamentary candidate who bought the court case. Photograph: Peter Nicholls/Reuters

Here is a comment on the ruling from Iain McNicol, the Labour party general secretary.

We are delighted that the court has upheld the authority and decision of the National executive committee of the Labour party.

We will continue with the leadership election as agreed by the NEC.

These are from my colleague Peter Walker.

Court rules that Corbyn can stay on Labour leadership ballot

Labour has won the court case. Jeremy Corbyn remains on the ballot.

This is from my colleague Peter Walker, who is at the high court waiting for the judgment in the Labour leadership rules case.

And while Boris Johnson has been in Paris, Theresa May has arrived in Bratislava for talks with her Slovakian counterpart, Robert Fico.

Denis MacShane, the former Labour Europe minister, says May should tackle Fico over his views on Muslims.

Updated

What did we learn from that? Only that Boris Johnson’s French is very good.

The Times’ Patrick Kidd approves.

Updated

Boris Johnson is speaking now (in French). He says the UK and France have a unique relationship, going back centuries.

He says he and Ayrault agreed Daesh poses a direct threat to both countries. Daesh does not represent Islam, he says.

He says he hopes the UK’s good relations with France will continue.

And that’s it. They are not taking questions.

Boris Johnson.
Boris Johnson. Photograph: Sky News

Boris Johnson's press conference in Paris

Boris Johnson is holding a press conference in Paris with his French counterpart, Jean-Marc Ayrault, following their talks today.

Ayrault is speaking now, running through what they discussed.

French foreign minister Jean Marc Ayrault, right, shakes hands with Boris Johnson.
French foreign minister Jean Marc Ayrault, right, shakes hands with Boris Johnson. Photograph: Jeremy Lempin/AP

Lunchtime summary

  • Lisa Duffy has launched her campaign for Ukip leader. Duffy, a Huntingdonshire councillor and former TK Maxx store manager, said she would end internal fighting if she won. She has the backing of Suzanne Evans, the former Ukip deputy chair who cannot stand herself because she has been suspended from the party. Duffy said:

I’m not a faction. I’m actually somebody that builds teams. People like Suzanne have been treated unfairly, as have others within our party. This is time for a change. We do that with the right team, with the right leader.

Ukip’s future success lies in teamwork. We are a grown-up party now with huge responsibilities to an electorate who want to see us take control of councils, and win seats at Westminster.

It is important that our next party leader isn’t seen as Nigel-light. I’m confident I can appeal to that wider audience.

Lisa Duffy launching her bid for the Ukip leadership.
Lisa Duffy launching her bid for the Ukip leadership. Photograph: Kirsty Wigglesworth/AP
  • The Treasury has revealed that 232,000 people have taken advantage of new pension freedom introduced last year giving them flexible access to their pension pots.

Cameron declares personal trainer discounts worth £21,000 in MPs' register

David Cameron’s efforts to keep fit while in power were helped by more than £21,000 of discounts from a personal trainer, the Press Association reports.

He declared 150 cut-price sessions from trainer-to-the-stars Matt Roberts as donations during his time as prime minister.

Cameron was photographed on several occasions running with Roberts, who claims to work with some of the “most famous physiques” in fashion, music, politics and industry.

The former PM said the latest batch of 50 sessions from London-based Matt Roberts Personal Training were discounted by £7,500, or £150 per session.

The register of MPs’ financial interests shows the donation was received and accepted on June 21 - two days before the EU referendum, the result of which saw Mr Cameron resign as PM.

This follows a similar £7,500 discount for 50 sessions in January 2013, £3,625 for 25 sessions in December 2011 and £3,250 for 25 sessions in November 2010.

The overall total from the declarations amounts to £21,875.

Cameron’s wife Samantha received a discount of £85 per session for 10 sessions in December 2011.

In each case, Cameron gave money to a charity of Mr Roberts’s choice in return.

The Witney MP wrote in his most recent entry to the register: “Discount of £150 per session on 50 sessions of personal training received since April 2013; total value £7,500. I have made a personal donation to a charity of my trainer’s choice.”

David Cameron out running.
David Cameron out running. Photograph: Suzanne Plunkett/PA

These are from Sky’s Tamara Cohen on the Labour leadership rules court case.

Owen Smith says high court should not be interfering in Labour leadership contest

This is what Owen Smith told BBC News about the Labour leadership rules court case.

  • Smith said Labour members would be “really angry” if the high court tried to keep Jeremy Corbyn off the leadership ballot. The courts should not be interfering in cases like this, he said.

I think Jeremy should be on the ballot. I’ve always thought that. I thought it was the right decision by the NEC to put him on the ballot. And I think the mood in the party would be really angry if a judge interfered and made sure that Jeremy wasn’t on the ballot. So I’m hopeful and I’m confident actually that the judge will do the sensible thing, and say this is up to the Labour party ...

I don’t think there is any prospect of [the court saying Corbyn should not automatically be on the ballot.] We’re a political party. Judges should not be interfering in what we decide.

  • Smith hinted that he would like Labour MPs to nominate Corbyn if that proved necessary to allow Corbyn to contest the leadership. But he did not explicitly call for them to do this. Asked if he would urge MPs to nominate Corbyn, to get him on the ballot, if Labour lost the case, he replied:

I would like to contest this versus Jeremy, and I would like to win the arguments versus Jeremy, so, yes, I would like Jeremy to be in the contest. But it will be for other MPs, if we got to that set of circumstances, to make their own decisions. It is not for me to tell them what to do.

In future it is probably best if Smith ditches the line about how “it’s is not for me to tell [Labour MPs] what to do”. He is standing for the Labour leadership, and telling MPs what to do is part of the job description.

Owen Smith on BBC News.
Owen Smith on BBC News. Photograph: BBC

Boris Johnson, the foreign secretary, has arrived in Paris for a meeting with his French counterpart, Jean-Marc Ayrault.

Boris Johnson with his French counterpart Jean-Marc Ayrault.
Boris Johnson with his French counterpart Jean-Marc Ayrault. Photograph: Sky News

My colleague Patrick Wintour has written a preview story about their talks here.

On BBC News Owen Smith is asked to clarify if he would encourage MPs to nominate Jeremy Corbyn if the court decides he needs to be nominated.

Smith says he wants Corbyn to be in the contest. But it would be for MPs themselves t decide what to do, he says.

Smith says he would “definitely” take the railways back into public ownership.

Smith tells BBC News that in some respects the NHS in Wales is better than it is in England. But in other respects it is worse, he says. But he attacks the Tories for criticising the performance of the NHS in Wales. They have done so because they do not respect the NHS, he says.

Smith tells BBC News that he would put corporation tax back up to 20%. But that would still be low by global standards, he says. He says he does not accept that this would reduce inward investment.

Owen Smith, who is challenging Jeremy Corbyn for the Labour leadership, has just told BBC News that it would be wrong for the high court to accept the legal challenge intended to stop Corbyn being on the ballot paper automatically. Smith said Corbyn should be on the ballot. He also said he was confident that the court would reject the legal challenge.

Henry McLeish says Scottish Labour should be independent of UK party

Henry McLeish, the former Labour Scottish first minister, has said the Scottish Labour party should declare itself independent from the UK party. In an article for the Herald he said that splits in the party had left it “nowhere” in the debate about Brexit and that Jeremy Corbyn was “not the answer to Labour’s decline or long-term recovery”. McLeish said:

In the short-term we will be wrapped up in the leadership campaign.

We need now to think beyond the next two months and prepare for every eventuality in Scotland and Britain as the political fall-out from June 23 continues and uncertainty deepens.

Scotland could see home rule, a form of federalism, independence or some other, as yet unknown, four-nation constitutional solution.

Regardless of the outcome, an Independent Labour Party (ILP) in Scotland is essential.

The ILP imprint would send a powerful message of Scottish identity and politically-distinctive policies. This is the time for the Scottish party to act.

Henry McLeish.
Henry McLeish. Photograph: David Cheskin/PA

This will be the last day I’m writing the Politics live blog for a while. I’m away for much of August and I won’t be back writing the blog until the week beginning Monday 5 September (when the Commons starts sitting again), or possibly the week before.

Stephen Dolan asks BTL about live blogs during August. We’re not planning to run politics blogs every day, but I think there will be blogs on some days, depending on what events are happening and whether reporters are available.

Since it is my last day before the holidays, it is a good moment to thank those of you who comment BTL. Obviously some of the comments are unpleasant or bonkers, but thankfully they are in a minority and overall the comments contribute significantly to the success of the blog. Colleagues at the Guardian recognise that the quality of the debate here BTL is generally fairly high and I frequently learn things from what people have posted. I also appreciate reasoned criticism because I think that helps improve the quality of our journalism.

Have a good summer everyone.

Davidson says supreme court ruling 'damning' for Scottish government

Here is Ruth Davidson, the Scottish Conservative leader, on the supreme court ruling.

Here is my colleague Libby Brooks’ story on the supreme court judgment.

Swinney says Scottish government will amend named person scheme to make it ECHR compatible

The Scottish government has responded to the supreme court’s judgment.

Here is its gloss on what the ruling means.

Following a legal challenge to the policy , the UK Supreme Court’s judgment:

  • Ruled that the principle of providing a named person for every child does not breach human rights and is compatible with EU law
  • Rejected the petitioners’ argument that the legislation relates to reserved matters
  • Ruled that changes are required to the information-sharing provisions of the Children and Young People (Scotland) Act to make those provisions compatible with Article 8 of the ECHR [European convention on human rights]

And this is from John Swinney, Scotland’s deputy first minister. He says the Scottish government will amend the named person scheme to make it compatible with the ECHR.

I welcome the publication of today’s judgment and the fact that the attempt to scrap the named person service has failed.

The supreme court has stated that the aim of the legislation, in promoting and safeguarding the wellbeing of children and young people, is ‘unquestionably legitimate and benign’. It makes clear that the principle of providing a named person to support children and families does not breach human rights.

The court’s ruling requires us to provide greater clarity about the basis on which health visitors, teachers and other professionals supporting families will share and receive information in their named person role. We will start work on this immediately so we can make the necessary legislative amendments. The service will be implemented nationally at the earliest possible date.

Ministers remain absolutely committed to the named person policy, developed over several years in consultation with a wide range of individuals and organisations working across Scotland to support children and families. We will work closely with local authorities, health boards and other key public service partners to ensure that those performing the role have the support and guidance they need ahead of implementation.

The Children and Young People Act 2014 was passed with cross-party support and not a single vote against, by 103 votes to zero, in the Scottish Parliament. The policy was also supported by a majority of MSPs across parties during a parliamentary vote in June.

John Swinney.
John Swinney. Photograph: Murdo Macleod for the Guardian

Here is the press summary of the supreme court’s judgment (pdf).

The judgment is complicated. But, to summarise it in simple terms, the supreme court rejected an argument that the named person scheme is unlawful because it relates to matters reserved to Westminster. But it did accept that the scheme in its current form is not compatible with the provisions in article 8 of the European convention on human rights guaranteeing a right to a family life.

Here’s an extract.

Rules must be formulated with sufficient precision to give legal protection against arbitrariness [79-81]. In assessing the legality of Part 4, regard must be had to the Guidance [82].

As is clear from the Court’s findings on the Reserved Matters Challenge, there are difficulties in accessing the relevant rules for information sharing. An information holder would need to read together and cross refer between Part 4, the DPA and the Directive in order to work out the priority of their provisions. Of even greater concern is the lack of safeguards which would enable the proportionality of any interference with Article 8 to be adequately examined [83-84]. For example, information, including confidential information concerning a child or young person’s state of health (e.g. as to contraception, pregnancy or sexually transmitted disease), could be disclosed to a wide range of authorities without either the child or young person or their parents being aware of the interference with their Article 8 rights, and in circumstances in which there was no objectively compelling reason for the failure to inform them. Accordingly, as currently drafted, the information sharing sections of Part 4 and the Guidance do not satisfy the requirement of being “in accordance with the law” [85].

And here is the judgment in full (pdf), with the paragraphs referred to in the square brackets in the quote above.

The supreme court has been tweeting about its judgment.

Supreme court rules Scotland's named person scheme for children 'unlawful'

The supreme court has ruled that the Scottish government’s named person scheme is “unlawful”, the BBC reports.

The Scottish government has 42 days to rectify the legislation.

Good morning. Today the high court is due to rule on whether Jeremy Corbyn can contest the Labour leadership without having 51 nominations from MPs and MEPs like his challenger, Owen Smith. It is expected that the court will back the decision of Labour’s national executive committee to let Corbyn stand without the nominations, and if that happens the leadership contest already underway will just carry on. But there is a chance that the court could rule against the NEC, and that would trigger - well, not just an appeal, but chaos too.

A decision against the NEC would not automatically mean that Corbyn could not be a candidate. But it would mean that he would have to obtain nominations from 20% of MPs and MEPs, which might be difficult for him.

We’ll get the result at 2pm.

Here is the Press Association’s preview.

A decision is to be given in a legal action aimed at overturning the Labour Party’s decision to guarantee Jeremy Corbyn a place on the leadership ballot.

Labour donor Michael Foster, a former parliamentary candidate, has brought the claim against the party’s general secretary Iain McNicol, who is being sued in a representative capacity, and Corbyn.

His lawyers told Mr Justice Foskett at the high court that the Labour party’s rules were “misapplied” when its national executive committee (NEC) voted by a majority of 18 to 14 that Corbyn should automatically go on the ballot paper without needing to obtain the backing of 20% of Labour MPs and MEPs - 51 nominations.

Gavin Millar QC told the judge - who will give his ruling on Thursday - that it was clear that the meaning given to the rules by the majority on the NEC on July 12 was wrong. It was not a “reasonable” interpretation.

If the judge decided in his favour and granted a declaration that Corbyn must obtain the requisite level of support before his name could go forward, the party would be required to return to the nomination stage and go through it again.

“The claimant has no wish to deny the second defendant [Corbyn] a fair opportunity, which can be achieved in this way, of obtaining the requisite number of nominations.”

Ballot papers will start to be sent out on August 22 with the result announced at a special conference in Liverpool on September 24.

Here is the agenda for the day.

9am: The supreme court rules on the Scottish government’s named person scheme. Opponents launched a legal challenge arguing that it is illegal because of the way it intrudes on family life.

9.30am: Re-offending and deaths in custody figures are published.

Lunchtime: Theresa May visits Bratislava in Slovakia for talks with her Slovakian opposite number, Robert Fico. Slovakia currently holds the presidency of the EU. Later she will travel to Poland for talks with the Polish prime minister Beata Szydlo.

2pm: Judgment is given in the court case initiated by a Labour donor, Michael Foster, who is challenging Labour’s decision to let Jeremy Corbyn contest the leadership without having 51 nominations from MPs and MEPs like his challenger, Owen Smith.

As usual, I will be covering the breaking political news as it happens, as well as bringing you the best reaction, comment and analysis from the web. I will post a summary at lunchtime and another in the afternoon.

If you want to follow me or contact me on Twitter, I’m @AndrewSparrow.

I try to monitor the comments BTL but normally I find it impossible to read them all. If you have a direct question, do include “Andrew” in it somewhere and I’m more likely to find it. I do try to answer direct questions, although sometimes I miss them or don’t have time. Alternatively you could post a question to me on Twitter.

If you think there are any voices that I’m leaving out, particularly political figures or organisations giving alternative views of the stories I’m covering, do please flag them up below the line (include “Andrew” in the post). I can’t promise to include everything, but I do try to be open to as wide a range of perspectives as possible.

Updated

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