Lord Falconer has welcomed the Court of Appeal’s ruling that Labour was within its rights to stop new members voting in its upcoming leadership contest between Jeremy Corbyn and Owen Smith. Five Labour members challenged the decision, and on Monday a judge agreed with them.
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Last month new Labour members were offered a three-day window when they could pay £25 to become a “registered supporter” and gain the right to vote, but some said they could not afford the fee and five of those affected chose to fight the decision in the courts.
The five have now been ordered to pay £30,000 towards the NEC’s costs within 28 days. Given the wide support that Corbyn has among Labour members and supporters, the majority of those disenfranchised would be in favour of him remaining leader.
David Goldstone QC, appearing for the five members, told the judges the appeal should be rejected as the NEC lacked authority under the rules to act retrospectively.
Forty-eight members attended the nomination meeting at Abbot Hall Social Centre in Kendal and they voted 31 for Mr Corbyn and 14 for Mr Smith with three abstentions.
“The Court’s ruling disenfranchises almost 130,000 Labour members, who joined the party since January and were explicitly told that they would have a vote in any leadership election”.
Numerous members affected are believed to back Mr Corbyn rather than his rival Owen Smith. However, Labour party’s general secretary, Iain McNicol, also made it clear in evidence that there have been concerns about a subversion of the voting process, with members joining with the sole objective of voting in the election rather than participating in the party more widely.
Mr Corbyn also backed new members who used to support other parties.
There are fears among Mr Corbyn’s opponents that the party’s general secretary Iain McNicol, who is bringing the appeal, could be ousted if it fails and replaced by an ally of the leader.
Rule changes introduced by former Labour leader Ed Miliband, in place for several years, state that a major benefit of membership is the ability to vote in leadership elections.
They said it was incorrect “both legally and democratically”.
But the NEC fought the decision, saying they should be free to decide how they operate, and that the court had no powers to interfere.
The decision could be seen as a boost for Owen Smith, who is taking on Jeremy Corbyn in the contest.
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Shadow chancellor John McDonnell said new members were told “very clearly” when they joined that they would be able to vote in the contest, and the party must uphold their “democratic right”.
