Ken Livingstone was suspended for almost two years before his antisemitism case with the Labour party was resolved. After Jeremy Corbyn’s shock suspension in the wake of a damning report by the equalities watchdog, the former leader’s case was heard within 19 days and he has been reinstated.
Some in Labour have said it is a sign of a system that is working better and making swifter decisions; one of the key criticisms made by the Equality and Human Rights Commission (EHRC) in its report was that the process was too slow.
However, others have raised questions about the speed with which it was resolved and are angry that Corbyn’s case was heard by a panel of the party’s governing body, much of which is elected by factional slates.
They say it is exactly this process that was criticised by the EHRC because it is so vulnerable to political interference. The EHRC recommended that an independent process be set up, but allies of Corbyn were keen not to wait long for a resolution to his case, and that independent system may take many more months to implement.
After any suspension of a Labour member, which in Corbyn’s case was made by the party’s general secretary, David Evans, the evidence is examined by Labour staff in the party’s governance and legal unit (GLU).
Staff in the unit, which was expanded under Corbyn to deal with an avalanche of cases, look at the details of the case and make a formal recommendation, which can include a number of disciplinary penalties – or can recommend expulsion from the party.
The final decision is made by a panel of five members of the national executive committee (NEC), who are given legal advice. In this case, the panel is understood to have included Ian Murray, from the Fire Brigades Union, the Labour councillors Gurinder Singh Josan and Alice Perry, Unison’s Wendy Nichols and the party member representative Yasmine Dar.
Though some have accused the panel of being politically skewed to favour Corbyn, the factional makeup is fairly balanced between Corbynites and Corbyn sceptics.
They do not have to accept the GLU recommendation, but often do. In this case, the panel is understood to have debated for four hours, and it is unclear whether the recommendation was accepted.
In each case, the panel has a number of options to consider, including dismissing the case entirely, issuing a “reminder” of the party’s values, issuing a formal reprimand, issuing a time-limited suspension or recommending the member be expelled. In Tuesday’s meeting, it is understood, Corbyn was issued with a formal warning. There was no question of the panel deciding to expel the former Labour leader.
The most serious cases are not resolved by the NEC. With these, the panel will recommend the case be heard by the national constitutional committee. This is an elected, quasi-judicial body, and the only body able to expel members from the party.
