In brief:
- The recent decision of the Labour Party's National Executive Committee (NEC) to refuse an application from a sitting mayor, Andy Burnham, to stand in a parliamentary by-election has highlighted an important aspect of political party governance that often operates behind the scenes
- The NEC and the Party Rules (as set out in its annual Rule Book) play a central role in regulating candidate selection
- These governance mechanisms provide critical context to the practical decisions made by the Party
The NEC: Labour's governing body
The NEC serves as the Party's ruling body. It has authority over key organisational decisions and is charged with setting the strategic direction of the Party. Included in its role is oversight of candidate selection processes, so as to ensure consistent application of the Party's rules and procedures at both a local and national level. The NEC is comprised of government ministers, party officials and members. In general, representative panels are convened in order to make decisions collectively on matters of Party governance.
In this instance, the decision was made by nine members of the NEC including the Prime Minister and the Party Chair, Ellie Reeves. Home Secretary, Shabana Mahmood, is believed to have been on the panel but to have abstained from voting.
The Rules: specific provisions for elected mayors
The Party Rules apply to all Party members, including those in office. The Rules operate as a contract between members. If the Party misapplies the Rules, this could form the basis of a claim for breach of contract.
Relevantly, if elected mayors or police and crime commissioners wish to stand as candidates in by-elections for the Westminster Parliament, they must seek the express permission of the NEC before seeking nomination in accordance with chapter 5, clause IV, 2 of the Labour Party Rule Book. The NEC's decision is final.
This requirement creates a formal gatekeeping mechanism that allows the Party to consider the broader implications of such candidacies.
The process
When a directly elected mayor wishes to become a parliamentary candidate, a formal procedure is triggered. The mayor must apply to the NEC for approval, initiating a review process that examines the application against the Party's established rules and broader strategic considerations. The NEC has the power to make decisions that balance individual candidacies against the Party's wider organisational interests. In this instance, factors such as the impact on Party campaign resources, the cost to the public purse of triggering mayoral by-elections, and broader organisational implications have been cited as relevant considerations.
Governance principles
The Rules underpin Party decision-making. Political parties have established internal regulatory frameworks to manage competing demands on resources and coordinate electoral strategy across different tiers of government.
Mayors are elected on a mandate, to serve a fixed term in office. The Rules allow the NEC to consider whether departing from such a mandate mid-term serves the interests of both the Party and the electorate.
The requirement for NEC approval of mayoral candidacies is intended to maintain accountability within the Party structure, ensuring that decisions affecting both parliamentary and local government representation are made with due regard to the Party's mandate and objectives. The NEC is not, however, immune to allegations of Party factionalism in the application of its powers.
Conclusion
The Rules provide an essential framework for managing the complex relationship between different levels of elected office within the Party.
Understanding these governance mechanisms provides insight into how political parties balance individual ambitions with collective organisational needs, and how institutional rules shape the pathways available to elected officials within Party structures. When a specific decision divides opinion among Party members, it may lead to criticism and adverse commentary about the NEC in the media; however, reviewing the underlying Rules can provide critical context when considering the legitimacy of the decision-making process.