(Editorial note from James Kelly: I have been asked by Alan Harris to publish his guest post, and the letter within it, in full and unabridged form. I have agreed to do so. It is important that Alan has the opportunity to set out the real facts in his own words and without interference from anyone. However, if anybody from the Alba leadership happens to be passing by, please note that 'full and unabridged' means *exactly* what it says. What you are about to read are 100% Alan's words, not mine. The topics and information referred to have been decided upon by Alan, not by me. Any objections the Alba leadership may have to the contents are therefore not a matter for me and should not be addressed to me. Many thanks.)
“The candidate who topped the poll (for the Constitution New Review Group) was within a few weeks effectively forced out of the party by some of the most disgraceful behaviour I've ever witnessed.” That person was me. Whilst I don’t completely agree with that statement, I did feel that I was left with no alternative, as I set out in my resignation letter below. James went on to say that “Without that person it was always going to be a much more uphill struggle”. That may have overstated the case, since the prime proponent of the Review Group procedure, Mike Baldry, was still onboard, with James. However, without James as well, and the NEC appointees and others ranged against him, the task Mike Baldry faces becomes Herculean, in my opinion.
Over the past week James has faced a barrage of personal messages and posts on X from Yvonne Ridley. I make no comment on these exchanges, but they have influenced my decision to publish my resignation letter now.
My resignation letter was sent to the Chair who responded by “thanking me for my service to the party, and indeed to our national cause”. Tasmina also thanked me “for so diligently serving our members and myself as Chair, in your additional role as steward at various party events.” I publish those comments not as an exercise in self-aggrandisement; but solely in case anything otherwise is suggested now. When I joined ALBA, I made a personal decision not to use social media for political purposes. I did share my resignation with a few selected friends but I did not publish the letter anywhere at the time, because I regarded it as an internal matter, though I have been falsely accused of a public resignation.
At the Disciplinary Meeting in March that I refer to in my resignation, the then Chair, Marjorie Ellis Thompson, used an unconstitutional procedure and unreasonably, in my opinion, postponed a case against Denise Somerville, which prejudiced the outcome, when the majority (3) of us were of the opinion that she had no case to answer. I will publish a follow up blog about Denise’s unsuccessful Appeal in due course.
Now it seems that James is going to be prosecuted under the same unconstitutional procedure. I make no comment about the rights and wrongs of any potential case against James, lest it prejudice any future appeal. However, this is another reason why I consider it is important that I publish my resignation letter now.
RESIGNATION FROM THE ALBA PARTY
Dear Tasmina,
I have been a member of the ALBA Party since my former SNP Kirkintilloch
Convener, Delia Henry, joined ALBA and ran for the UK Parliament in 2021.
I have been Secretary and Treasurer of ALBA East Dunbartonshire since inception in
September 2021.
In May 2022, I was privileged to be selected as the ALBA Party candidate for
Bishopbriggs North and Campsie in the Local Government Elections.
I was elected to the Appeals Committee in 2022 but no cases came before the
Committee. I was elected to the Disciplinary Committee at Stage 1 in 2023 and I was
re-elected in 2024 with the most votes of any candidate.
One case was presented to the Disciplinary Committee in 2023.
At the outset I
enquired if there was a Disciplinary Procedure and on being advised that there was
not, the then Convener, Hamish Vernal invited me to write one on behalf of the
Disciplinary Committee. My credentials were that I had served on the Disciplinary &
Membership Committees of the Financial Intermediaries, Managers and Brokers
Association (FIMBRA) for 5 years under the Chairmanship of Sir Kenneth Clucas, the
first Civil Service Commissioner, Permanent Secretary at two Government
Departments and latterly Chairman of the National Association of Citizens Advice
Bureaux; the Recorder (Chief Magistrate) of the City of London; and leading
barristers. The procedure I wrote went through three revisions and DCv4 was
presented to the NEC in May 2023. In an email on the 25 th of July 2023, Hamish
advised the Committee members that “The papers that I provided on the Process are
now out for consideration to an external source. I outlined our wish, as previously
agreed by the Chair, that whatever results from this comes back to the DC for
consideration before going to NEC for approval. Thereafter to the October
Conference. This process and timescale was (sic) confirmed.” On the 18 th of August
2023 Hamish advised the Committee members that “We are unanimous in our
views. I conveyed this in a telephone call to the Party Chair late yesterday afternoon.
I reiterated our view, confirmed to me by the Party Chair again, that we wished all
documents…..DCv4, NECV6 and Alan’s commentary which we all endorsed….to go to
an external lawyer specialising in this area. I was informed that the current version
was “sense checked” only (by the General Secretary) and will go to the NEC on
Saturday for comment. I expressed our view that we were unanimously unhappy
with the current version……we had all expressed our views in writing. Following the
NEC all documents including any comment from NEC will then go external to be
“legalled”. I have this assurance.”
Eva Comrie, herself a lawyer and then member of the NEC, has advised me that she
did not see this legal advice. Hamish Vernal has advised me that the explanation
given to the NEC was that it was too expensive to obtain full legal advice and that he
did not see any other version of the Procedure. In addition, Hamish has stated that
he was given a further assurance, when remitting office as the Convener of the DC at
the December 2023 meeting of the NEC, that the final version would come back to the DC for comment and thereafter the DC version would be “rubber stamped” by the
NEC.
Notwithstanding all the foregoing, a new Procedure labelled NECv2 was presented
to the Disciplinary Committee as fait accompli in March 2024. In an email to
Morgwn Davies and other Committee members on 7 March 2024 the General
Secretary said that “The disciplinary policy was approved by the National Executive
Committee as they are entitled to do so under 12.1(d) of the constitution… with the
requirements of 12.3 to be fulfilled but the policy being deemed constitutional
drawing on the rules set out in 12.7”. Furthermore, in a second email to Morgwn on
12 March 2024, the General Secretary said “The final version of the policy was
drafted by me upon commission from the NEC. The Disciplinary Policy was agreed
by the NEC on 30th September 2023”. If this is true it was unknown to the then
Convener of the DC, Hamish Vernal and belies the assurance that he was given by the
Chair at the NEC in December 2023.
At the meeting of the Disciplinary Committee on 20 March 2024, I raised a point of
order based on -
Constitution:
12.3 All such Rules and Standing Orders shall be submitted to the
National Council or Conference for amendment and/or adoption.
There was a national Conference on 28 October 2023 and National Council meetings
on 1 December 2023 and 27 January 2024 but the new procedure was not submitted
for approval.
The General Secretary relied on Constitution 12.7 which gives him the power to
“interpret” the Constitution between meetings; but this does not apply because no
such Procedure has ever been adopted by National Council or Conference and in any
event under 12.5 “This Constitution may not be changed, except by a vote of at least
two-thirds of the delegates present and voting at National Conference, or by National
Council in relation to a specific matter that National Conference has delegated to
National Council.”
I invited the current Convener of the Disciplinary Committee, Marjorie Thompson, to
take advantage of -
Constitution:
12.6 Should any question arise regarding the interpretation of the Constitution, Rules
or Standing Orders of the Party, the convener of the meeting shall adjudicate
on the question and his or her adjudication shall be final, unless a motion is
passed requiring the person to vacate the Chair.
but she made various contradictory pronouncements and the meeting proceeded on
the basis of the NECv2 (witness the fact that the Clerk to the Committee, which
position has been introduced by NECv2), was in attendance.
The reason for all of this is not hard to understand. The entire Disciplinary
Committee in 2023 and every member who has ever expressed an opinion on the
subject are unanimous in the view that ALL complaints should be submitted to the
Disciplinary Committee for investigation and adjudication.
However, the Constitution [11.6] has been interpreted as meaning that the
Disciplinary Committee can ONLY take disciplinary measures against a
member on the proposal of the General Secretary; and that the
Disciplinary Committee can only investigate a complaint on the proposal
of the General Secretary.
This is a breach of one of the key principles of natural justice which is that:
* a complainant party is entitled to have its case heard by an unbiased and
impartial tribunal
In effect the rules are being interpreted in a way that means that:
* the General Secretary is pre-judging complaints which is a second breach of
the principles of natural justice.
Therefore, the Disciplinary Committee (Hamish Vernal, Convener proposing and
Alan Harris, member, seconding) proposed to Conference 2023 that:
A new paragraph 11.6 be inserted:
The General Secretary will acknowledge receipt of all written or verbal complaints
and send full details of the complaint and any associated documents to the party
about whom the compliant has been made by email or other electronic means
within 7 days of receipt. At the same time, the General Secretary will refer the
complaint to the Disciplinary Committee for investigation.
This and many other motions were not submitted to conference (see below,
Constitution New Review Group).
The NEC v2 re-defines a "complaint" solely as a "proposal by the General
Secretary" and appears to exclude any other form of complaint.
The Constitution at 11.5 demands the immediate referral of suspended members to
the DC and that was ignored for 4 weeks, 3 weeks and 10 days respectively.
In two of the three cases before the Committee last Wednesday, the General
Secretary stated that complaints had been submitted against the members
concerned: in one case by another member; and in another case by a LACU; but
these complaints were not produced in evidence. In one of the cases the member had
made a counter complaint but, contrary to precedent that both cases should be heard
together, this complaint was not presented to the Committee. In two of the cases,
vital evidence in the form of a series of posts on X (formerly Twitter); and emails were omitted from the evidence. In one of the cases the Clerk to the Committee said
that the member had not asked to attend the hearing whereas in fact he’d made two
such requests and never been given the details.
It is small wonder that the new Convener has resigned today.
The one case that was adjudicated by the Disciplinary Committee in May 2023 was
immediately appealed despite the fact that the appellant, who was also the
defendant, failed to engage with the Committee despite seven emails. The Appeal
was not heard for nine months, apparently because there was no procedure; although
I wrote an outline procedure which was presented to the NEC at the same time as the
appeal was lodged. Not surprisingly the appeal was upheld.
I was elected to the Constitution New Review Group with almost more first
preference votes than the next three candidates put together.
However, I now find that the powers that be have imposed an unconstitutional
procedure on the Disciplinary Committee which enshrines in our rules a procedure
that is contrary to natural justice and this has already been implemented to the
detriment of two members. That is unacceptable to me. It is clear to me that since
this procedure has been imposed there is no chance whatsoever that the leadership
will accept the limitation on the General Secretary’s assumed power of veto over
complaints, indeed this has now been enhanced. Not only that, but in one of the
cases before the Committee last week, the General Secretary actually expressed a
view that the Committee should take action against the member and in another he
expressed a view on the penalty that should be imposed by the Committee, all of
which is wholly improper conduct, presumably endorsed by the Party Chair to whom
the General Secretary reports.
In an email on 4 March 2024, our Leader Alex Salmond stated that "Yvonne Ridley
our Women’s Convener is stepping back from her role for a time. Ash Regan MSP
......will step in to lead for the party on this issue in the meantime. Eva Comrie
publicly resigned from ALBA. I regret this and thank Eva for her considerable
contribution. Our constitution and rules are clear, however, and subject to NEC
approval I have asked Suzanne Blackley, a former Holyrood candidate for ALBA, to
serve as our interim Equalities Convener until an election can be held at the next
meeting of National Council or at our Annual Conference."
So, there is reference to an election for Equalities Convener but not Women's
Convener. However, Morgwn Davies has reported that at their meeting on
Wednesday 13 March 2024, Ash "said that she was acting Women's
Convener until the next election for that position." And that Yvonne
Ridley was free to stand in that election if she so wished.
1. Therefore, it's clear that both positions are being treated in the same way.
2. This is confirmed on the ALBA website: Interim National Women’s
Convener - Ash Regan MSP; Interim National Equalities Convener -
Suzanne Blackley.
3. Yvonne Ridley is not an elected member of the NEC, she and all other office
bearers owe their position to their national offices.
4. Since Yvonne Ridley is not currently the Women’s Convener she cannot be a
member of the NEC.
5. Since Yvonne Ridley is not a member of the NEC she cannot be an NEC
delegate to the Constitution New Review Group (CNRG).
Our Constitution and Rules are indeed clear.
However, the Convener, Hamish Vernal gave an apology for Yvonne Ridley’s absence
at the CNRG meeting on 12 March 2024 and it is my understanding that the Party
Chair sought to justify this at the NEC meeting on 16 March 2024.
There is a second aspect to these resignations:
Constitution:
8.6 If a National Office Bearer’s post falls vacant before its term, the vacancy shall be
filled by National Council in accordance with National Council Standing Orders.
Annex C - Standing Orders of the National Executive Committee
12.3 Should a vacancy arise for any elected position on the NEC then the vacancy
shall be filled in the first instance by the candidate that finished next in the respective
ballot.
Therefore, Heather McLean who was next in line at the election should have been
appointed to replace Yvonne Ridley and Abdul Majid who was the only other
candidate, should have been appointed to replace Eva Comrie.
In the light of all the foregoing I find myself in a dilemma. Hamish, Heather and
Daniel Jack were good enough to endorse my candidature for these Committees.
And, I am deeply indebted to all the members who put their faith in me by voting me
on to these Committees where they expected me to use my experience to fight for
justice and constitutional change. On the other hand, how can I continue to sit on
these Committees in the face of all of the above breaches of the Constitution and the
likelihood of significant change is remote. I stood for good governance and proper
procedures. Not only have I failed to deliver but my continued membership of these
Committees appears to endorse these malpractices.
I have concluded that I cannot continue without doing irreparable damage to my
integrity and that is not something that I will sacrifice for any organisation.
Therefore, I have no alternative other than to resign from the ALBA Party with
immediate effect.
Yours sincerely
Alan S Harris
25 March 2024