“Basic natural justice principles”
– not in today’s Labour Party
The Starmer/Evans purge of anyone guilty of challenging them – better known as the left – has reached tsunami proportions as not a day goes by without more news of comrades suspended.
But what is this power of suspension based on? Certainly not the recommendations from the last major report commissioned by the Party – the Shami Chakrabarti Inquiry in 2016.
This was the last report commissioned on the topic of the complaints’ procedure by the Party itself rather than the Tory biased EHRC.
Chakrabarti said of suspensions: “Once you understand these basic natural justice principles, you realise that administrative suspension from the Labour Party need not be employed every (or nearly every) time a complaint (however credible) is made against a member.”
"The factors to be considered when considering an interim suspension pending investigation should be a) the gravity of the conduct complained about and b) the immediacy of any risk that the individual or group concerned might do lasting or irreparable damage to the Party even during the period of the investigation."
In short, suspension should not be an automatic reaction to a complaint – but in the slew of recent complaints suspension has been used every time a member has either defended Corbyn or chaired a meeting to allow a motion on that topic, instead of what should be reserved for the most serious of cases.
Chakrabarti also said: “It is important to remember that the beginning of an investigation into alleged misconduct is just that.”
She added: “The making of a complaint marks the beginning, not the end, of a hopefully fair process that might end in a warning, admonishment, some further sanction up to and including expulsion from the Party, or exoneration and no further action whatsoever.”
In addition, they are completely ignoring Chakrabarti’s recommendation that the “power of interim suspension no longer be vested in the NEC (in practice routinely exercised by the General Secretary and/or his staff)”.
Chakrabarti makes a number of recommendations, including:
"6.f. in cases of urgency, the power to order interim suspension forthwith, subject to the right of the individual to seek a review of that suspension. The NCC should have the power to consult with a member of the Legal Panel before determining an applications in this respect." Needless to say, this has not been implemented and members have no right of review and the NCC have no involvement whatsoever.
Finally, Chakrabarti says: “It is also important that the procedures explain that those in respect of whom allegations have been made are clearly informed of the allegation(s) made against them, their factual basis and the identity of the complainant – unless there are good reasons not to do so (e.g. to protect the identity of the complainant).”
If you want evidence that all of this is a purge of the left, look no further than these blatant disregards of the recommendations from the Party’s own inquiry.