The National Executive Committee has decided not to issue nomination form for the leadership of the Labour Party: the BBC has the story, and Guido Fawkes gives us the text of the press release. And very interesting it is, if you have a lawyer’s mind. The key bit is:

A Leadership election when in Government can only be held if requested by a majority of party conference on a card vote, only Labour MPs can trigger the process and the NEC is confident that most MPs know their responsibilities under the rules.

The Labour Party has followed this procedure for 11 years, as long as we have been in government under these present rules, and it has not required the issue of nomination forms at any time.

Notice that this seems to accept by implication that MPs can trigger the process regardless of whether nomination forms are issued. It certainly does not say in terms that there can now be no election, or that the non-issue of forms preempts the role of MPs in the process.

Looking at the Labour Party’s rule book, I think this makes sense. Page 24 is the key bit. Rule 4B(2)Bii (NB – how on earth can politicians complain that lawyers’ drafting is complex?) says that

Where there is no vacancy, nominations shall be sought each year prior to the annual session of party conference. In this case any nomination must be supported by 20 per cent of the Commons members of the PLP

but rule 4B(1)A makes it clear that the NEC can vary this. So, today’s decision is well within the rules, and I don’t see how any application for an injunction could succeed, either as a judicial review (the argument would have to be that the nature of this decision is of such public importance that in effect the NEC is exercising a public function in deciding whether to issue forms) or as a contract claim (the argument being that the NEC has breached the terms on which party members have signed up).

However. The way I read the rule book, there is nothing that suggests that an NEC decision to vary the rules by not seeking nominations has the result that nominations are barred or automatically invalid. Nor do I see anything requiring nominations to be in any particular form. So I think that Commons MPs can still submit nominations in spite of today’s decision – and I note that the text of Labour’s press release is consistent with that view.

If 70 MPs did write in nominating a challenger, there’d have to be a card vote at conference under rule 4B(2) Dii (over the page on page 25 of the rule book) in favour of an election, in order for one actually to be held.

The difficulty of course is that MPs would have to choose now who they want as leader, and to nominate him or her. The ruse about nomination forms was meant to get round this by making it a test of how many would fail to nominate Gordon Brown, rebels knowing it would be more embarrassing for him looked at that way.

But still. I’ve long thought backbench Labour MPs are a pretty pathetic lot, but there is still a chance her for them to force their leader out, if they really want to. Jon Cruddas, for instance, would need only 21 more nominations than he received in last year’s deputy leadership contest in order to be put up as a challenger now.

2008-09-16T15:46:00+00:00Tags: |