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| Version 9 | Version 10 |
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| Appeal court clash over Labour leadership vote rules | Appeal court clash over Labour leadership vote rules |
| (about 1 hour later) | |
| A High Court judge got it "wrong" when he ruled that new members should be allowed to vote in Labour's leadership contest, the Court of Appeal has heard. | A High Court judge got it "wrong" when he ruled that new members should be allowed to vote in Labour's leadership contest, the Court of Appeal has heard. |
| Clive Sheldon QC, for Labour's ruling NEC, said it, not the courts, must be the "ultimate arbiter" of party rules. | |
| But the QC for members questioned whether the NEC should have "unfettered power" to define who could vote. | |
| The NEC blocked Labour members who joined after 12 January from voting unless they paid £25. | |
| Five new members had the decision overturned in the High Court. | Five new members had the decision overturned in the High Court. |
| David Goldstone QC, acting for the five, told the court that the original judgement must stand because, under the party's own rules, all members have a right to vote in leadership elections. | David Goldstone QC, acting for the five, told the court that the original judgement must stand because, under the party's own rules, all members have a right to vote in leadership elections. |
| "On a proper construction of the rules, all members can vote in a leadership election unless excluded by some other provision in the rule book," he told the Court of Appeal. | "On a proper construction of the rules, all members can vote in a leadership election unless excluded by some other provision in the rule book," he told the Court of Appeal. |
| The leadership contest came about after leader Jeremy Corbyn lost a vote of no confidence by his MPs, and faced mass resignations from his top team. | |
| If Labour's appeal fails it will increase the electorate in the contest between Mr Corbyn and challenger Owen Smith to about half a million. | |
| BBC political correspondent Iain Watson says that privately both Mr Corbyn and Mr Smith believe most recent members are more supportive of the current leader than his challenger. | BBC political correspondent Iain Watson says that privately both Mr Corbyn and Mr Smith believe most recent members are more supportive of the current leader than his challenger. |
| He added that it was a measure of the mutual distrust between those who support and those who oppose Jeremy Corbyn that controversial decisions were now settled in the courts, and not within the party. | He added that it was a measure of the mutual distrust between those who support and those who oppose Jeremy Corbyn that controversial decisions were now settled in the courts, and not within the party. |
| The original High Court case was triggered after the NEC decided that full members could only vote if they had at least six months' continuous membership up to July 12 - the "freeze date". | The original High Court case was triggered after the NEC decided that full members could only vote if they had at least six months' continuous membership up to July 12 - the "freeze date". |
| The party offered a window from 18-20 July when more recent members - and non-members - could pay £25 to become "registered supporters" and gain the right to vote. | The party offered a window from 18-20 July when more recent members - and non-members - could pay £25 to become "registered supporters" and gain the right to vote. |
| 'Deference' | 'Deference' |
| On Monday, Mr Justice Hickinbottom ruled that the party had breached its contract with new members by retrospectively disenfranchising them. | On Monday, Mr Justice Hickinbottom ruled that the party had breached its contract with new members by retrospectively disenfranchising them. |
| The panel of three Appeal Court judges, chaired by Lord Justice Beatson, will decide whether to uphold the High Court judge's decision. | The panel of three Appeal Court judges, chaired by Lord Justice Beatson, will decide whether to uphold the High Court judge's decision. |
| Clive Sheldon QC, acting for Labour's general secretary Iain McNicol, accused Mr Justice Hickinbottom of "getting it wrong". | Clive Sheldon QC, acting for Labour's general secretary Iain McNicol, accused Mr Justice Hickinbottom of "getting it wrong". |
| He told the court: "The NEC is afforded by the rule book sufficiently broad powers that it can actually override the rules framework in a particular case, if it so wishes. | He told the court: "The NEC is afforded by the rule book sufficiently broad powers that it can actually override the rules framework in a particular case, if it so wishes. |
| "They are the guardian of the constitution. What we have done is consistent with the rules framework." | "They are the guardian of the constitution. What we have done is consistent with the rules framework." |
| He told the court the NEC - and not the courts - was the "ultimate arbiter as to the meaning of the rules". | He told the court the NEC - and not the courts - was the "ultimate arbiter as to the meaning of the rules". |
| The NEC was answerable to Labour's annual conference, he added, and although the courts were entitled to examine its decisions, judges should "provide a degree of deference to the NEC when seeking to interpret its rules". | The NEC was answerable to Labour's annual conference, he added, and although the courts were entitled to examine its decisions, judges should "provide a degree of deference to the NEC when seeking to interpret its rules". |
| But Mr Goldstone QC, acting for five new members, questioned the "intended scope of the NEC's powers" and argued it was not intended to have an "unfettered power to define any eligibility criteria". | |
| He argued that the powers of the NEC "were intended to be used for procedural purposes ... and a retrospective membership requirement is not a procedural matter". | |
| "Is it likely that the party's intention was that the NEC would have a power of effective disenfranchisement? I say no," he added. | |
| Mr Corbyn and Mr Smith will go head-to-head at a hustings in Gateshead in Tyne and Wear at 19:00 BST. | Mr Corbyn and Mr Smith will go head-to-head at a hustings in Gateshead in Tyne and Wear at 19:00 BST. |
| 'Untenable' | 'Untenable' |
| There has been speculation that Labour's general secretary Iain McNicol could face being ousted if the party loses. | There has been speculation that Labour's general secretary Iain McNicol could face being ousted if the party loses. |
| A senior Labour source said: "If Labour loses the appeal, the position of Iain McNicol becomes untenable. | A senior Labour source said: "If Labour loses the appeal, the position of Iain McNicol becomes untenable. |
| "Having spent nearly a quarter of a million pounds on this legal case and staking his professional reputation on the outcome, if he loses today then he simply can't stay in post." | "Having spent nearly a quarter of a million pounds on this legal case and staking his professional reputation on the outcome, if he loses today then he simply can't stay in post." |
| Lord Falconer, who quit as shadow justice secretary in the wave of resignations by the shadow cabinet, defended the party's right to appeal. | Lord Falconer, who quit as shadow justice secretary in the wave of resignations by the shadow cabinet, defended the party's right to appeal. |
| He told BBC Radio 4's Today programme: "It's for the NEC to decide what the rules are of any contest. | He told BBC Radio 4's Today programme: "It's for the NEC to decide what the rules are of any contest. |
| "If the result of this High Court litigation is that it's the courts who decide the detail of how an election is going to be fought, then there are going to be even more High Court hearings because everybody who doesn't like a ruling of the NEC is going to go to the High Court." | "If the result of this High Court litigation is that it's the courts who decide the detail of how an election is going to be fought, then there are going to be even more High Court hearings because everybody who doesn't like a ruling of the NEC is going to go to the High Court." |
| He stressed that Labour has "got to unify" once the leadership result is returned, and said he would back whoever wins. | He stressed that Labour has "got to unify" once the leadership result is returned, and said he would back whoever wins. |
| Labour leadership election timetable | Labour leadership election timetable |