Briefing:Review of Party Rule Book and proposed changes for 2018 From: Karen Wilkie For attention of: All Party Officers Published: 2nd July 2018 Last updated: 3rd July 2018 Printed: 23rd November 2024 Other formats: Print The NEC is reviewing the Party’s Rule Book to make it clear, simple and consistent. Ahead of formally proposing these changes at Conference in October, party officers are invited to send their questions and feedback. Step one in this process is to update the rules where necessary. These amendments will be put to Annual Conference 2018 to be ratified. The second step, after Annual Conference, will be to redraft the Rule Book in simple language, separating out the rules from the policies and procedures. Unlike the formal rules, changes to the Party’s policies and procedures don’t generally need to be voted on by Annual Conference but the NEC will continue to consult parties and affiliates before proposing significant amendments. Please contact Karen Wilkie by 27th July if you have any comments or questions. Karen WilkieCompany Board Secretary Summary of proposed rule changes The NEC is proposing seven rule changes to Annual Conference 2018. Changes to some of the policies and procedures, including those for Annual Conference, are also outlined below. Any changes to these rule amendments that are suggested by local Parties or affiliates will be considered by the NEC Rules Sub Committee before the final rule changes are included with the Final Agenda for Conference. ContentsKaren WilkieSummary of proposed rule changes Simplifying the membership declaration Explanation: The wording of the membership declaration has been simplified. Current rule: I declare myself a Co-operator, and agree to accept the programme, policy and constitution of the Co-operative Party, national and local. I will do all in my power to promote the policy of the Co-operative Party as declared from time to time. I am not a member of any political Party other than the Labour Party or the Social Democratic and Labour Party. I am a member of a recognised co-operative as determined by the National Executive Committee of the Co-operative Party. New rule: I declare myself a Co-operator. I agree to accept the rules and to promote the policy and values of the Co-operative Party. I am not a member of any political Party other than the Labour Party or the Social Democratic and Labour Party. I am a member of a co-operative recognised by the National Executive Committee of the Co-operative Party. Elected representatives and candidates must abide by the Labour Party's rules Explanation: Members of the Co-operative Party stand for election either as representatives of both the Labour and Co-operative Parties or the Labour Party (or, in Northern Ireland, the SDLP). Therefore, Co-operative Party members who stand for election (except in Northern Ireland) are already bound by the Labour Party’s rules. However, when an elected member is suspended by the Labour Party, the Co-operative Party may not be able to take action under our own rules – regardless of how serious the alleged offence might be – unless we also have access to the complaint, witnesses and accompanying evidence. This rule change would permit the NEC to consider suspending the member from the Co-operative Party or taking further action where circumstances warrant it. New rule: Members of the Co-operative Party who are selected and/or elected to stand as Labour or Labour & Co-operative candidates to any level of public office are required within these rules to abide by the rules and procedures of the Labour Party. If subject to investigation or disciplinary action by the Labour Party they may be suspended from representing or membership of the Co-operative Party until the Labour Party disciplinary action has concluded. Anyone who stands for election, or acts as the election agent for someone standing against a Labour candidate may not join the Party for a period of five years following that election Explanation: We are frequently asked to clarify whether a person who has stood against a Labour Candidate or supported someone else to do so should be prohibited from joining the Party and, if so, for how long. This is not clear in the current rule. Current rule: A member of the Party who stands for election, or acts as the election agent to a person standing for election, in opposition to a Labour Candidate, shall automatically be ineligible to be or remain a Party member. New rule: A member of the Party who stands for election, or acts as the election agent to a person standing for election, in opposition to a Labour Candidate will automatically be ineligible to be or remain a Party member or to join the Party for a period of five years following the election. Extending the rule prohibiting support for candidates standing against Labour to include social media Explanation: The current rules were drafted before the advent of social media. We now need to clarify that our rules prohibit members from promoting rival candidates on social media, so ‘promotion of’ has been added. The NEC has been included in the text, to match the disciplinary process. Old rule: The CPDC may consider the member’s financial support for, organisation of and/or involvement in: the candidature of a person standing in opposition to a Labour Party candidate the activities of a Party or organisation acting in opposition to a Labour Party candidate. New rule: The NEC or CPDC may consider the member’s financial support to, organisation or promotion of and/or involvement in: candidates standing in opposition to a Labour Party candidate or who publicly declare their intent to stand against a Labour candidate the activities of a Party or organisation acting in opposition to a Labour Party candidate. Amending the clause on conduct and discrimination to include age and to apply to applicants as well as current members Explanation: This important clause has been amended to include harassment and abuse alongside discrimination. This is to reflect more accurately its current use and intention. We have also added ‘age’, updated the term ‘sex’ to ‘gender’ and ‘sustained’ has been removed. We are often asked to clarify whether earlier actions of an applicant – that would have been in breach of our rules had they been a member at the time – should prevent them from being accepted into membership of the Party. This has been made clear. ‘CPDC’ (Co-operative Party Disciplinary Committee) has been amended to ‘NEC’ to reflect the disciplinary process. Old rule: No member of the Party shall engage in a sustained course of conduct prejudicial, or in any act grossly detrimental, to the Party. Such conduct shall also be deemed to include discrimination against groups and/or individuals on the basis of sex, sexual orientation, marital status, disability, colour, race, ethnic origins or religion. Such an action may render him/her to be ineligible to be or remain a member of the Co-operative Party. Any dispute as to whether a member is in breach of this provision shall be determined by the CPDC. New: No member of the Party shall engage in a course of conduct prejudicial, or in any act grossly detrimental, to the Party. Such conduct shall also be deemed to include harassment, abuse of or discrimination against groups and/or individuals based on gender, age, sexual orientation, marital status, disability, colour, race, ethnic origins or religion. Such an action may render them ineligible to be or remain a member of the Co-operative Party. Any dispute as to whether a member or applicant is or has been in breach of this provision shall be determined by the NEC. Delete the requirement for Party Councils to consider all membership applications. Explanation: This change brings the rules up to date with the changes made in 2014 to introduce a national membership system. Not all local Parties meet within the three months required to consider membership applications and many have long ignored the requirement to do so. Others have been unclear on what grounds they may reject an application. A clearer process would be for branches or party councils (or individuals) to notify Head Office of their objection to an application. Old rule (removed): The application shall be considered by the Society Party Council/Voluntary Party at the next appropriate meeting after application. Notification of any acceptance or rejection of the application shall be given to the applicant within three calendar months of receipt of the application. New rule (redrafted & reordered) Any objections to the application should be forwarded to the National Party within six weeks, giving the reason under these Rules by which the application should be rejected. At any time before the individual is accepted as a full member the General Secretary of the Party may rule that the individual application for membership be rejected for any reason under these Rules which he/she considers the applicant does not comply. Notification of any rejection of the application shall be given to the applicant within three calendar months of receipt of the application. He/she will have the right of individual written appeal to the NEC. Such an appeal shall be considered and dealt with by the Disputes Committee of the NEC in any manner that it deems fit and the decision of the Disputes Committee, once approved by the NEC, shall be final and binding on the Society/Voluntary Party, General Secretary and the individual concerned. Membership rights shall commence three calendar months from the date the application is received by the Co-operative Party Head Office, providing all conditions of membership have been met and there are no objections to the application. Prior to full membership, the applicant can attend branch meetings as a visitor. The NEC may apply a temporary moratorium on membership applications in a branch, party or region Explanation: This writes into the rules the practice that has been applied, albeit on very few occasions, to allow time for appropriate checks to be made when large numbers of applications are received in a particular branch or area. New Rule: Where it is deemed necessary by the General Secretary or the NEC, the Party may impose a temporary moratorium on new applications in a Society/Voluntary Party or Branch and/or request additional information from all applicants before applications will be processed. This may include proof of name and address and other relevant details. The Party reserves the right to ask to see the original document rather than a photocopy. Procedural rules for Annual Conference - simplifying the process for emergency motions Explanation: The NEC has agreed to simplify the process for submitting emergency motions during Annual Conference. This may also be assisted by a change to process i.e. that a list of lead delegates be displayed at the registration desk alongside ‘prospective’ emergency motions for signature. This change in process can be introduced for the 2018 Conference. It is also necessary to clarify whether emergency motions can be submitted on any topic or must be restricted to organisational matters. Old rule: Notices of motions of an emergency nature must be recommended to the CAC by the NEC or supported by no fewer than ten organisations represented at Conference. Such motions must be handed to the CAC duly signed by lead delegates not later than 5.00 pm on any day of the Conference except the last. No emergency motion shall be accepted unless its submission has been expressly authorised by the delegates of promoting organisations present at Conference. Subject to the approval of Conference, the CAC shall decide the admissibility or otherwise of any emergency motion submitted to it. The acceptance of such motion or motions by the CAC does not guarantee that the motions will be brought before the Conference for debate. New rule: Notices of motions of an emergency nature must be recommended to the CAC by the NEC or supported by no fewer than two organisations represented at Conference. Such motions must be handed to the CAC duly signed by lead delegates not later than 5.00 pm on the first full day of the Conference. A list of lead delegates will be posted on the registration desk, where copies of emergency motions may be placed for signature. Emergency motions must relate to urgent matters of policy that are not included in the subject areas for debate or to organisational matters that have arisen since the motions deadline. No emergency motion shall be accepted unless its submission has been expressly authorised by the delegates of promoting organisations present at Conference. Subject to the approval of Conference, the CAC shall decide the admissibility or otherwise of any emergency motion. The acceptance of such motion or motions by the CAC does not guarantee that the motions will be brought before the Conference for debate. Co-operative Party Disciplinary Committee (currently Section D) The Rules for the Co-operative Party Disciplinary Committee (CPDC) will be redrafted to include a number of changes: Clauses relating to the disciplinary process & the powers of the CPDC will transferred to the Disciplinary Procedure Clauses relating to the election of the CPDC will be transferred to the Election Procedures – CPDC document The number of members elected to the CPDC will be increased to 22 to allow for a wider range of skills and experience. Disciplinary Procedure (currently Section F) The Disciplinary Procedure will be simplified to remove the requirement for Party Council Executives to meet to determine whether each case should be referred to the NEC. Parliamentary Panel (currently Section H) Rules for the Parliamentary Panel that are no longer relevant will be removed e.g. the Labour Party no longer maintains an approved list for all selections. The Wales Party will be afforded the same rights as the Scottish Party to approve applications to the Parliamentary Panel in Wales. Old rule (delete): Nominees must be on the Labour Party’s list of approved candidates for nomination as a Prospective Parliamentary Candidate. New rule: Applicants in Wales or with an interest primarily in constituencies in Wales will be considered by the Wales Co-operative Party in line with criteria agreed between the NEC and the Wales Co-operative Party Old rule (delete): Continued Membership of the Panel: Panellists are expected to attend all Co-operative Party nominating meetings to which they are invited in the Sections specified on their application form. Panellists who consistently refuse to attend Co-operative Party nominating meetings will be asked to give the General Secretary an explanation of their decisions. The NEC may remove from the Panel any member who consistently fails to attend Co-operative Party nominating meetings. Old rule (delete): Business Interests: Panel members are required to submit a note of their business interests to the General Secretary. Action Points Comments or questions?Please contact Karen Wilkie by 27 July For more information If you would like to discuss any of these proposed changes or have feedback, please get in touch. Karen Wilkie Board Secretary Resources The Rule Book