1/15. @jowalton15 I have given further consideration to the question of the powers of the LP NEC / GS to dictate what Branches / CLPs can debate. I question whether they have that power. The analysis is a little lengthy:

2. I am not as confident as some people that the NEC / GS has power to order CLPs not to discuss a particular matter / motion, unless doing so would breach some other part of the Rules / constitution.

3. Clause VIII.5 simply says that all powers of the NEC may be delegated and specifically may be delegated to the GS.
(This doesn’t define what those powers are.)

4. Clause VIII.3.E says the duties and powers of the NEC include “to ensure that Party meetings and events shall be conducted in a friendly and orderly manner and organised in such a way as to maximize participation from members and that no member shall be precluded ...

5. ... from attendance because they cannot gain access to the meeting place for any reason. Harassment or intimidation of any member is unacceptable as is any form of discrimination on the basis of gender, age, sexual orientation and gender identity, disability or race.”

6. So as long as the meeting is properly conduct, no-one is excluded and there is no discrimination, this would not appear relevant.
Cont...

7. It continues:
“The NEC shall from time to time, issue guidance and instructions on the CONDUCT of meetings and guidance and instructions on the implementation of quotas for women’s representation”.

Cont...

8. This must be interpreted in the context of the duties and powers being outlined. I would submit that this does not confer overarching powers issue “guidance and instruction” without limit, but only to do so ensure meetings are conducted in a friendly and orderly manner etc...

9. I would argue that this does not extend to telling CLP’s (or indeed Ward Branches) what they can and can’t debate (except where the motion is discriminatory etc...)

Cont...

10. Clause VII.3.A1 Provides, “In furtherance of its primary purpose and key functions, the duties and powers of the NEC shall include: A. to uphold and enforce the constitution, rules and standing orders of the Party and to take any action it deems necessary for such purpose...

11. ... including: i. disaffiliation, disbanding, suspending or otherwise disciplining any affiliated organisation or Party unit;"

Cont...

12. So the power to disaffiliate, disband etc... is for the purpose of upholding the constitution etc... – not simply for any purpose that takes the fancy of the NEC/ GS. Furthermore, any action must be “In furtherance of the NECs primary purpose and key functions". Cont...

13. The Primary Purpose of the NEC is “to provide a strategic direction for the Party as a whole and to maintain and develop an active Party in the country, working in partnership with [...other Party bodies... ] to secure the Party’s OBJECTIVES”

14. [The “objectives” are not defined, but it would be reasonable to assume these are a combination of the objects in Clause I and the Aims and Values in Clause 4.]

[The Key Functions are set out in Clause VIII.2.A-G. I don’t believe any of these are engaged here].

Cont...

15. In conclusion, on analysing the clauses referred to by those asserting that the NEC / GS have authority to tell branches and CLPs what they can and can’t debate. I am not convinced.

Cont...

16. I am prepared to be proved wrong, if anyone can point to a source for the power the GS is purporting to exercise. The best course might be for any member wishing to raise the issue for debate to ask the GS to cite the authority for the power the NEC is seeking to exercise.