APPENDIX KEY RECOMMENDATIONS ON RULE CHANGES TO THE RULE BOOK( 2016)
A
CHAPTER 2: MEMBERSHIP RULES 1. Rule 2. I. 8:
“ 8. No member of the Party shall act in any way which is prejudicial or grossly detrimental to the Party engage in conduct which in the opinion of the NEC is prejudicial, or in any act which in the opinion of the NEC is grossly detrimental to the Party 1. Any dispute as to whether a member is in breach of the provisions of this sub-clause shall be determined by the NCC in accordance with Chapter I Clause IX above and the disciplinary rules and guidelines in Chapter 6 below. Where appropriate the NCC shall have regard to involvement in the financial support for the organisation and / or the activities of any organisation declared ineligible for affiliation to the Party under Chapter 1. II. 5 or 3. C above; or to the candidature of the members in opposition to an officially endorsed Labour Party candidate or the support for such candidature. The NCC shall not have regard to the mere holding or expression of beliefs and opinions, provided they are consistent with the Party’ s Aims and Values as reflected in Clause 1. IV. 1 and 1. IV. B and C 2.”
B
CHAPTER 6: DISCIPLINARY RULES 2. Rules 6. I. 1 to 6. I. 4:
“ 1. The NEC shall take such disciplinary measures as it deems necessary to ensure that all Party members and officers conform to the constitution, rules and standing orders of the Party in accordance with the following provisions. Such powers shall include:
A.
Any complaint or allegation made of breach of the constitution, rules or standing orders of the Party by an individual member or members of the Party or by a group member or members may be made in writing to the General Secretary or otherwise raised by the General Secretary of his own motion. Receipt of a complaint or allegation will trigger the complaints procedure and the procedural guidelines of the NEC. The content of the complaints procedure, procedural guidelines and their application by the NEC, General Secretary and other national offers are
1
2
This is to simply and rationalise this rule. In particular, the qualification,“ in the opinion of the NEC” is not workable in circumstances where it is the NCC that is to determine whether a member has acted in breach of this rule( see Rule 1. IX. 2; and Rule 2. I. 8- in its present and proposed versions); further, the NEC is separately responsible for the laying of disciplinary charges before the NCC( Rule 6. I. 1 – in its present and proposed versions).
Cited at page 7 of the Report. For the relevant recommendation see page 14 of the Report.
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