Former leader\u2019s disciplinary code, which was criticised by pro-Israel groups, is still being used under Starmer, party officials admit after court hearing<\/p>\n
A group of Labour activists fighting through the courts to discover why they and others were investigated or expelled from the UK\u2019s Labour Party for antisemitism say they have flushed out proof of bad faith from their accusers.<\/p>\n
The group, who call themselves Labour Activists for Justice (LA4J), say the new disclosure confirms their claim that leading Jewish organisations intentionally politicised the meaning of antisemitism to entrap left-wing critics of Israel and undermine Labour\u2019s former leader, Jeremy Corbyn.<\/p>\n
As a result, the number of cases of antisemitism in Labour was inflated, falsely feeding the public impression that the political party under Corbyn had attracted Jew haters, say the Labour activists.<\/p>\n
The suggestion that groups like the Board of Deputies of British Jews and the Jewish Labour Movement \u201cweaponised\u201d antisemitism against Corbyn is currently seen as grounds by Labour to suspend or expel members.<\/p>\n
But according to LA4J, evidence revealed in their legal case has now vindicated that claim.<\/p>\n
The activists note that Jewish groups that waged a campaign of attacks on Corbyn over an antisemitism code of conduct drafted by the party in 2018 are now \u201cdeafeningly silent<\/a>\u201d on discovering that Keir Starmer, Labour\u2019s new leader, has been secretly using exactly the same code.<\/p>\n When it was first published, the Board of Deputies and other Jewish organisations erupted in outrage, alleging that the 16-point code was proof of \u201cinstitutional antisemitism\u201d in the Labour party \u2013 and even that Corbyn posed a threat<\/a> to Jewish life in Britain.<\/p>\n But the admission by Starmer\u2019s officials that they are using the same code of conduct to investigate members has gone entirely unremarked three years later.<\/p>\n That is despite a submission to the courts from Labour\u2019s own lawyers that the code had been kept secret because its publication might prove \u201cpolitically incendiary\u201d.<\/p>\n LA4J points out that back in 2018 the Board of Deputies, the Jewish Labour Movement and other groups insisted that Corbyn replace the code with an alternative, controversial definition of antisemitism produced by the International Holocaust Remembrance Alliance (IHRA).<\/p>\n According to the activists, the current silence of these Jewish groups, after Starmer\u2019s officials have conceded that they are using Corbyn\u2019s code rather than the IHRA definition, further indicates bad faith.<\/p>\n Despite public statements to the contrary, the organisations knew that the IHRA definition was unworkable for Labour\u2019s disciplinary procedures back in 2018, LA4J say.<\/p>\n \u201cIf Labour believes that the code issued by Corbyn was \u2018incendiary\u2019, the question is where is the bushfire now, when Starmer\u2019s team admit they are using the very same code,\u201d Chris Wallis, a spokesman for LA4J, told Middle East Eye<\/em>.<\/p>\n \u201cOne of the things this case suggests is that groups like the Board of Deputies hoped to weaponise antisemitism as a way to attack Corbyn.\u201d<\/p>\n Disciplinary process \u2018back to front\u2019<\/strong><\/p>\n The group\u2019s legal action is due to reach the High Court in June. It will be the first wide-ranging legal examination of Labour\u2019s disciplinary procedures relating to antisemitism. In October 2019, the High Court ruled<\/a> that the suspension of then-Labour MP Chris Williamson for \u201cbringing the party into disrepute\u201d over antisemitism allegations was illegal, though the judge did not overturn a second suspension that ousted him from the party.<\/p>\n Eight party members, including three Jews, are pursuing the case after they were investigated for alleged antisemitism. LA4J estimates that at least 30 Jewish members<\/a> of the party have been accused of antisemitism, some repeatedly.<\/p>\n Late last year the Equalities and Human Rights Commission (EHRC), the UK\u2019s equalities watchdog, issued a report<\/a> critical of Labour\u2019s handling of antisemitism cases, especially over what it termed \u201cpolitical interference\u201d by Corbyn\u2019s office, which it said had resulted in \u201ca lack of transparency and consistency in the complaints process\u201d.<\/p>\n However, the EHRC found that in practice such interference chiefly harmed the interests of those accused of antisemitism rather than their accusers. Corbyn\u2019s officials often tried to speed up investigations in the hope of ending the barrage of criticism from Jewish organisations.<\/p>\n LA4J argue that hundreds of members have been drummed out of the party in a process that has lacked the transparency and fairness demanded by the EHRC. The procedure, they say, has failed to provide those under investigation with an opportunity to challenge the allegations.<\/p>\n Most members receive a \u201cnotice of investigation\u201d that typically cites social media posts as evidence of antisemitism. In some cases, members have been accused of sharing articles from prominent websites, such as Electronic Intifada<\/em> and Mondoweiss,<\/em> known to be harshly critical of Israel for its repeated violations of Palestinian rights.<\/p>\n No explanation is made in the notice of why party officials believe the posts to be antisemitic. Instead, it is required of those under investigation<\/a> to demonstrate why their posts should not be considered antisemitic.<\/p>\n The notices also demand that members under investigation not publicise their case or the information that is being used against them. It is unclear whether they are even allowed to seek legal advice. Instead, they are encouraged to get help from a GP or the Samaritans to aid their \u201cwellbeing\u201d.<\/p>\n Wallis, a former BBC radio drama producer who has been under investigation since last year, is one of the eight members taking the party to court.<\/p>\n \u201cThe disciplinary process has been entirely back to front,\u201d he said. \u201cWe were never told about the secret code being used to judge our cases and it was never explained how what we did was antisemitic. The assumption was that we were guilty unless we could prove otherwise, and we were expected to incriminate ourselves.\u201d<\/p>\n \u2018Sickness\u2019 in Labour<\/strong><\/p>\n At a preliminary hearing in February, the Labour Party argued that the courts had no place adjudicating on its handling of antisemitism cases. However, the judge approved the High Court hearing for June and awarded costs<\/a> against Labour.<\/p>\n In what appears to be an attempt to avoid a second adverse ruling, Labour officials made the disciplinary process more transparent last month by divulging how it assessed antisemitism cases.<\/p>\n Starmer\u2019s officials published<\/a> on the party\u2019s website the same antisemitism code of conduct that had been drafted during Corbyn\u2019s time as leader. They did so despite a submission from one of Labour\u2019s senior lawyers during February\u2019s court hearing that such an admission could prove \u201cpolitically incendiary\u201d.<\/p>\n That was because a wide range of Jewish leadership groups rounded on Corbyn and Labour over the code when it was first published in July 2018.<\/p>\n Dave Rich, head of policy at the Community Security Trust, set up to protect Jewish communities from antisemitic attacks, lambasted Corbyn in an article in the Guardian<\/a><\/em> headlined \u201cLabour\u2019s antisemitism code exposes a sickness in Jeremy Corbyn\u2019s party\u201d.<\/p>\n A blog<\/a> on the Trust\u2019s website added that the code \u201cbrazenly contravenes basic anti-racist principles\u201d.<\/p>\n The Board of Deputies and the Jewish Leadership Council, both claiming to represent Britain\u2019s Jewish community, stated<\/a> that the adoption by Corbyn\u2019s officials of the code would \u201cfurther erode the existing lack of confidence that British Jews have in their sincerity to tackle antisemitism within the Labour movement\u201d.<\/p>\n The Jewish Labour Movement, a Labour party affiliate connected to the Israeli Labor party, argued<\/a> that the code was \u201ca get out of jail free card\u201d for antisemites, and claimed<\/a> it breached equalities legislation.<\/p>\n Ephraim Mirvis, the UK\u2019s chief rabbi, called the code \u201ca watershed moment<\/a>\u201d for Labour and warned that it sent \u201can unprecedented message of contempt to the Jewish community\u201d.<\/p>\n Dozens of rabbis backed him, accusing<\/a> the Labour leadership of having \u201cchosen to ignore the Jewish community\u201d.<\/p>\n And the Campaign Against Antisemitism, a pro-Israel lobby group, argued<\/a> that \u201cthe code seems to be designed to give free rein to certain forms of antisemitic discourse\u201d.<\/p>\n \u2018It was about who was in charge\u2019<\/strong><\/p>\n But despite the outpouring of concern back in 2018, note LA4J, Jewish organisations have remained silent since Labour revealed that the same antisemitism code of conduct introduced under Corbyn is being used by Starmer\u2019s officials in disciplinary cases.<\/p>\n \u201cThis was never about what was going on inside Labour, as was claimed,\u201d said Wallis. \u201cIt was about who was in charge. The aim was to remove Corbyn at all costs.\u201d<\/p>\n Labour\u2019s stated goal in drafting the code in 2018 was to assist with ironing out problems in the IHRA definition, which was being aggressively lobbied for by leading Jewish groups.<\/p>\n In particular, Corbyn\u2019s code provided additional context to help judge aspects of the IHRA\u2019s 11 potential examples of antisemitism, seven of which relate to Israel.<\/p>\n The code warns that the IHRA text \u201cis not a legal definition, and on its own does not provide clear guidance about the circumstances in which particular conduct should or should not be regarded as antisemitic\u201d.<\/p>\n The Labour antisemitism code also emphasises a need for \u201crespectful debate\u201d between party members when talking about contentious political matters around Israel and warns that the party \u201cwill not tolerate name-calling and abuse\u201d.<\/p>\n The concern among Corbyn\u2019s team was that the definition would shift the focus of antisemitism away from hatred of Jews to criticism of Israel, and expose activists supportive of Palestinian rights to investigation.<\/p>\n The imprecision of the IHRA definition, and its politicisation of antisemitism, had already been widely criticised, including by a former Court of Appeal judge<\/a> and the British parliament\u2019s home affairs select committee<\/a>.<\/p>\n Kenneth Stern, the chief architect of the IHRA definition, had also weighed in to note that it was unsuitable for use in disciplinary procedures and was being \u201cweaponised<\/a>\u201d by elements of the Jewish community to stifle criticism of Israel.<\/p>\n Jewish organisations, on the other hand, argued that Corbyn was using the Labour code to avoid adopting the IHRA definition in full with all its examples, and implied that his motivation was to make Labour hostile to British Jews.<\/p>\n Facing the backlash, and concerted criticism in the media, Corbyn\u2019s officials appeared to discard the code and instead adopted the IHRA definition<\/a> in full a few weeks later, in September 2018.<\/p>\n Definition \u2018not fit for purpose\u2019<\/strong><\/p>\n It is unclear whether Corbyn\u2019s officials ever used the 2018 code to adjudicate in disciplinary cases. But LA4J say its adoption by Starmer\u2019s officials \u2013 and their efforts to hide the fact that they were using the code \u2013 confirm that the IHRA\u2019s definition was indeed unworkable.<\/p>\n Jenny Manson, a co-chair of Jewish Voice for Labour, which was set up in 2017 to show support for Corbyn among Jewish party members and is now supporting LA4J, said that the weaknesses of the IHRA definition must have been clear to organisations like the Jewish Labour Movement and Board of Deputies.<\/p>\n \u201cTheir current silence shows that they must have known the IHRA definition wasn\u2019t fit for purpose as it was,\u201d she said. \u201cThe additional code of conduct was needed. They opposed it in 2018, it seems clear, only because they were looking to damage Jeremy [Corbyn].\u201d<\/p>\n Although LA4J argue that the code is fairer than the IHRA definition, they also say it has been widely misused against members as officials have sought to placate Jewish groups accusing Labour of being institutionally antisemitic.<\/p>\n Diana Neslen, an 82-year-old Orthodox Jew who has been investigated for antisemitism and sanctioned by the party, said: \u201cEven a quick look at [the code] suggests that all of us have been wrongfully accused. Indeed, we should never have been investigated in the first place.\u201d<\/p>\n LA4J hopes that, with the code no longer secret, Labour members will have a better chance to challenge current and future investigations conducted against them by party officials.<\/p>\n Neslen warned, however, that existing injustices needed to be addressed too: \u201cWhat are they going to do about the hundreds of people already judged under the secret code, including me?\u201d<\/p>\n She and LA4J have called for those suspended or expelled to have their cases reopened and the evidence reassessed in a transparent manner.<\/p>\n The Board of Deputies, the Jewish Labour Movement, the Community Security Trust and the Jewish Leadership Council were all approached by Middle East Eye<\/em> for comment. None had responded by the time of publication.<\/p>\n According to LA4J, their court case highlights how little evidence there was for the claim that antisemitism within the Labour party had been an especial problem under Corbyn\u2019s leadership.<\/p>\n Levels of antisemitism in Labour appear to be lower than in the wider British public, within which about five percent of people could \u201cjustifiably be described as antisemites\u201d, according to research<\/a> published by the Community Security Trust in 2017.<\/p>\n Corbyn\u2019s general secretary, Jennie Formby, issued figures<\/a> in April 2019 that showed disciplinary action had been taken against just 0.08 percent of Labour\u2019s 540,000 members, even after the strict application of the antisemitism code and \u201cpolitical interference\u201d by Corbyn\u2019s officials in speeding up disciplinary proceedings.<\/p>\n During the latest legal proceedings, Labour has revealed equivalent figures<\/a> for Starmer, relating to the period between May last year and last month. Although details about the investigations are not precise, in the worst-case scenario an even smaller percentage of Labour members were found to be antisemitic.<\/p>\n These figures, the LA4J argue, suggest that Labour has not had an \u201cantisemitism problem\u201d under either Corbyn or Starmer.<\/p>\n That impression is shared by most Labour members. According to a YouGov poll<\/a> commissioned last month by the Jewish Chronicle<\/em> newspaper, a significant majority \u2013 70 percent \u2013 believe that Labour does not have a serious problem with antisemitism.<\/p>\n Most appear to agree with Corbyn\u2019s reaction to the Equalities Commission report that the claims against Labour were \u201cdramatically overstated for political reasons\u201d. That statement led to Starmer expelling Corbyn<\/a> from the Labour parliamentary party.<\/p>\n \u2022 First published in Middle East Eye<\/a><\/p>\n<\/div>\n