a febrile pre-election period . The Labour Party should seek to uphold the strongest principles of natural justice , however difficult the circumstances , and to resist subjecting members to a trial by media .
The Power of Interim Suspension
Another matter which has been brought to my attention is the frequency of resort to the power of interim suspension in cases where an allegation that a member has acted in breach of the rules is before the General Secretary and / or his staff . Indeed , an early lesson that any new General Counsel might offer his / her colleagues is on the application of the vital legal principles of due process ( or natural justice ) and proportionality . I hope that my earlier comments make clear that I do not subscribe to the view that every allegation of misconduct within the Party is a factional mischief , but nor do I feel that every investigation warrants immediate publicity ( a punishment in itself ), nor administrative suspension ( with the inevitable shame and opprobrium that is likely to follow ) - even if the allegation has attracted public controversy .
It is important to remember that the beginning of an investigation into alleged misconduct is just that . 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 .
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 .
Civil courts do not grant interim injunctions , nor criminal courts issue arrest warrants every time a complaint is made . The principle of proportionality requires some consideration of any grave and summary sanction that will no doubt have a detrimental effect on a person who is yet to be investigated , let alone heard .
I appreciate and believe that behavioural standards must be higher in a progressive political party than they are in the country generally . However , due process standards should be equally high . I find it regrettable , to say the least , that some subjects of recent suspension and disciplinary process , under the Party ’ s disciplinary procedures , found out about their suspensions and investigations as a result of media reporting rather than notice from the Party itself . Staff or elected officials should never feel it necessary ( even during a pre-election media frenzy ) - to operate a presumption of suspension . If anything , the presumption should be against interim suspension . The question should be about the seriousness of any immediate damage that the person subject to investigation might do to the Party if allowed to continue as a member in the meantime . Indeed , if the principle of proportionality had been properly applied in recent times , I query whether so many people would ever have been suspended at all , rather than simply given notice that they were being investigated in relation to a complaint that their conduct had brought or was bringing the Party into disrepute . 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 . I bear in mind also that individuals subject to an investigation can be issued with appropriate warnings which may in any event avoid or reduce the need to impose a suspension . So an electoral candidate or office holder or other person with some kind of leadership
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