THE Court of Appeal ruled in favour of the Labour Party right wing and against Labour Party democracy yesterday afternoon, when it banned 130,000 Labour Party members from taking part in the leadership election.
Giving his ruling, Lord Justice Beatson said: ‘We allow the appeal. On the correct interpretation of the Party Rules, the National Executive Committee has the power to set the criteria for members to be eligible to vote in the leadership election in the way that it did.
‘We find that there is express provision in the Rules which enables them to do this, in particular where the Rules state: “The precise eligibility criteria, that is to say, to vote in the election, shall be defined by the National Executive Committee.”
‘With respect to the judge, we unanimously consider that he erred in law in reaching the contrary conclusion and therefore allow Mr McNicol’s (Labour Party General Secretary’s) appeal.’
The judgement said: ‘A member’s entitlement to vote in a leadership election is not a product of him or her simply being a member, but is the result of him or her being a member who satisfies the precise eligibility criteria defined by the NEC and any freeze date provisions set by the NEC in the timetable for the election.’
The ruling legalises a Labour Party NEC dictatorship over the membership. Mick Whelan, ASLEF General Secretary, responded: ‘This is a sad day for democracy and makes a mockery of the efforts we have made to get people to participate in our parliamentary democracy, to become members of our political party, and to play a full part in the political process.
‘We urged people to join, and play a part, and now the Appeal Court has ruled that they cannot vote. ‘It’s a decision that will lead to even greater disenchantment with the political process, not just for the 130,000 members of the Labour Party who have been disenfranchised today, but for all the other people who have seen what has happened.’
Ian Hodson, National President of the Bakers Union, said: ‘That is very disappointing to hear that the judiciary has involved itself in political democracy in such a way. It’s shocking that the Labour Party has decided to bar the members of its own party from taking part in a ballot. It was appalling that they made that decision in the first place.
‘How can democracy be enhanced by disbarring people and preventing them taking part in the democratic process? It’s appalling.’