Official Central Policy Unit Proposals

Voting members will get a chance to vote on the constitutional recommendations formulated by the Policy Committee at the Annual Conference of the British National Party which is due to be held on 10th-12th December 2010.

This follows work done on this issue since August, when I and fellow members of the Policy Committee were asked by the Chairman and Advisory Council to carry out a consultation of the membership about possible changes to the Constitution, with particular reference to two areas.

This was the governance of the Party nationally; and the rules for internal elections.

Our alternative recommendations, together with one drawn up by our Party Chairman, will be considered by eligible members at conference, and I would urge people to attend.

In the end, the Policy Committee is suggesting two distinct sets of proposals called:

Option Two (fairly modest reforms); and

Option Three (more far reaching reforms).

Option One would be to leave the present Constitution as it stands.

We suggest that the order in which members should be asked to express their opinions would be the most far-reaching first (Option Three), followed by the next most far-reaching (Option Two), followed by a proposal to leave the Constitution as it stands (Option One).

If Option Three is approved, the others fall. If Option Three is rejected but Option Two is approved then Option One falls. If both Option Three and Option Two are rejected, there should be a vote on Option One (leave the Constitution as it stands). If Options Three, Two and One are rejected, then I think that the Conference should be invited to vote on a motion to refer the matter back to the Policy Committee for further consideration.

I would ask you to view the proposals flexibly. It is unlikely that you will approve of everything in Option Three, Option Two or Option One (the present Constitution). I would ask you to vote for the option that accords most with your ideas. It would still be possible to make further amendments in subsequent years.

Andrew Brons

DRAFT OUTLINE CONSTITUTION – OPTION TWO

Central Policy Unit - November 2010

NATIONAL LEADERSHIP

The Party shall be governed by the directly elected Party Leader advised and assisted by a directly but separately elected Executive Council of eight members.

The electorate for the Executive Council shall comprise Voting Members, voting by secret ballot. Nomination of Executive Council Members, who must be Voting Members, shall be by 20 Voting Members in writing. Canvassing for nominations is permitted. Sitting members standing for re-election shall be deemed validly nominated ex officio. The Executive Council shall be elected annually.

The Leader shall be subject to an election if challenged or in the event of his or her resignation, death or incapacity to continue in office, the latter certified by unanimous vote of all members of the Executive Council. Challengers must be Voting Members and must be nominated by 100 Voting Members. The Party Leader shall be deemed nominated, if willing to stand, automatically ex officio. Normally these elections shall coincide with the annual Executive Council elections, but if the Executive Council carry a vote of No Confidence in the Leader by a vote of three-quarters of all its current members an election for both the Leader and the Council shall follow as soon as practicable, as shall be the case if an Annual Conference so votes by a 2/3 majority of Voting Members present. The Leader cannot otherwise be removed from office without ratification by a ballot of the Voting Members and nor can the leader expel or suspend from office any elected member of the Executive Council. The Executive Council may not suspend or expel any of its own members, although it may by a vote carried by three-quarters of all its members trigger an election of the Executive Council as a whole and thereby compel its members to stand for re-election along with any new candidates who may be nominated. The Leader may also dissolve the Executive Council and compel its members to stand for re-election along with any new candidates validly nominated. Further, if the leader should dissolve the Executive Council, he will also trigger a leadership election.

The Executive Council and Party Leader shall meet normally monthly,. Each member, including the Leader, shall have one vote, but the Leader, as ex officio Chairman of the Executive Council, shall have an additional casting vote in the event of an equality of votes. The Leader shall have day to day authority for managing the Party and shall have ultimate authority over and responsibility for governing and running the Party and determining Party Policy, approving Manifestoes, managing financial affairs and so on. Votes and deliberations of the Executive Council shall serve to advise the Party Leader, but he is not bound to abide thereby should he or she decide otherwise. The Party Leader shall have final authority over the operation and governance of the Party, subject to this Constitution.

The Executive Council shall be responsible for monitoring and confirming by report to each Annual Conference that the Party is run according to the law, and in particular that Party Accounts have been submitted to the relevant authorities in good order and in good time in accordance with the relevant provisions of the Law. Responsibility for running the Party and its financial affairs, complying with legal requirements etc. shall lie entirely with the Party Leader. The Executive Council shall only be responsible for monitoring and reporting on these matters. The Executive Council shall report in writing to the Annual Conference as to the proper conduct and running of the Party, or otherwise, such report to be made available to all Voting Members attending this Conference.

Executive Departments, as defined by the Leader advised by the Executive Council, such as Organisation, Publicity, Elections, Fund-Raising, Finance/Treasurer, Policy & Internal Education, and also the Editors of Party publications shall report to the Leader and the Executive Council. Executive Departments may, but need not, be headed by Executive Council members or the Party Leader, who may also discharge other Party offices.

PARTY PRESIDENT

The Leader, advised by the Executive Council, shall initially and once only appoint a Voting Member of sufficient standing and record of service as to command widespread respect within the Party as Party President.

The Party President shall be appointed for life or until resignation unless successfully challenged for office. Such challenges will require the nomination by 10% of the total Voting Membership of a Voting Member as a rival candidate, and the same rules shall apply for candidates nominated in the event of the death or resignation of the President. Presidential Elections should wherever practicable coincide with annual Executive elections, although the Leader may at his or her discretion conduct such elections at other times.

The role of the Party President shall be

(i) to ensure that the roll of Voting Members is kept in an accurate and up-to-date manner in accordance with the provisions of the Constitution.

(ii) To oversee the conduct of internal elections and ensure they are carried out in accordance with the Constitution. He or she may appoint a Returning Officer answerable to him or her for this purpose. The certification of the President that the election was validly and properly conducted shall be a requirement for a valid election to have occurred.

(iii) To monitor internal debate, particularly in the course of internal elections, and ensure it remains within bounds which will not bring the Party into disrepute. The President may advise the Leader to take disciplinary action against those concerned if his or her admonitions be not heeded.

(iv) To act as an ombudsman to assist in the resolution of disputes within the Party and to hear, in confidence if deemed necessary, grievances and concerns of members and assist in their resolution.

(v) Generally to advise and assist in sustaining standards of fairness and avoidance of harm to the Party’s reputation in the conduct of its internal affairs.
The President may be invited to attend and advise at meetings of the Executive Council at its discretion but shall not have a vote at such meetings. The President shall be invited to attend and advise at meetings of the Advisory Council.

REGIONAL ORGANISATION

Regional Organisers shall be appointed by the Party Leader, with advice from the Executive Council. They shall each govern each Region as the Chairman of a Regional Executive comprising representatives from the constituent Branches and other units in the Region. The Regional Organiser shall have final operational authority for running their Region but shall be advised by the Regional Executive.

LOCAL UNIT ORGANISATION

Branch and other local unit Organisers shall be appointed, or their election by their unit subject to approval and ratification, by the Regional Organiser. Each Branch or other local unit shall be governed by a committee elected by paid-up members of the unit. Whilst only Voting Members are eligible to hold Branch or other Party offices, all paid-up Party members can vote in local unit committee elections. The local unit shall determine the size and responsibilities of its committee, subject to ratification and possible amendment by the Regional Organiser. Additionally, the requirement that all unit offices be held by Voting Members may be waived temporarily by the Regional Organiser or Party Leader in the case of units not yet possessed of sufficient Voting Members to fill the necessary positions. However non-Voting Members so elected would be expected to qualify for Voting Membership as soon as reasonably practicable.

HIERARCHY OF AUTHORITY

Superior executive bodies shall have the right to dissolve inferior ones reporting to them in the event of misconduct and/or incompetence, appointing new organisers and calling new elections. They shall also have the authority to establish, set the boundaries of, and disestablish such inferior bodies. E.g. the Party Leader has the power to determine the number of and areas covered by Regions, and Branches within Regions, whilst Regional Executives can do likewise for Branches and other local units within their jurisdictions.

NATIONAL ADVISORY COUNCIL

A National Advisory Council comprising all Regional Organisers, Executive Department Heads, National Officials e.g. the Party Treasurer and publication editors, plus the Party Leader, the Executive Council and any other persons the Leader shall see fit to invite shall meet at least twice and preferably four times annually to discuss strategic and broader issues. The results of such discussions and any votes taken shall be advisory but not binding on the Leadership.

ANNUAL PARTY CONFERENCE

An Annual Party Conference shall be held once in each calendar year at which all Voting Members may attend and vote. Ordinary Members may attend but not vote. Changes to this Constitution may only be effected by a two-thirds majority vote of the Voting Members at an Annual Conference. A two-thirds majority of the Voting Members present at an Annual Conference, sobeit their number comprises at least 40% of the total Voting Membership, may by resolution dissolve the Executive Council and force an election of its members, and additionally, if a rival candidate or candidate then be validly nominated, the Party Leader.

Policy Resolutions adopted by the Annual Conference shall be advisory but not binding on the Party.

VOTING MEMBERS

Voting Members shall from the implementation of this Constitution comprise all persons who have been paid-up Members of the Party in good standing for the past two years continuously.

Within 12 months after the initial implementation of this Constitution, the following further requirements shall be enforced on Voting Members, and shall thereafter be in force in addition to the requirement for 24 months of membership. They shall have successfully completed a course of instruction in Party ideology and policy according to such rules as may from time to time be laid down by the Leader, or have been granted specific personal exemption, in exceptional cases, from that requirement by the Leader, and shall in addition have been certified by their local unit or in exceptional cases directly by the Leader as active Party members of good character. If a potential Voting Member feels that such a certificate has been unreasonably withheld by their local unit they may appeal to the relevant Regional Executive and thence to the Party Leader, whose decision shall be final.

The maintenance of an accurate and up-to-date register of Voting Members shall be the responsibility of the Party President, exercised through appropriate subsidiary department/officers. Only Voting Members shall be permitted to see or have access to or custody of any Party membership lists, national or local, and divulging the contents of such lists to anyone not themselves a Voting Member, without explicit permission of all the members concerned or a Court Order of which the Party Leader has been made aware and with which he or she has authorised compliance, shall be a serious disciplinary offence.

PARTY DISCIPLINE

Superior executive bodies shall have the right to initiate disciplinary action against members of inferior ones reporting to them, and against Voting and Ordinary Members in their areas of responsibility in the event of misconduct, defined as any action likely to bring the party into disrepute or deliberately and improperly obstruct its normal and proper operation, the latter including wilfully refusing to obey the reasonable and lawful instructions of superior Party authority to refrain from a particular conduct, speech or action deemed by that superior harmful to the Party.

Internal debate and dissent, and campaigning for election to office within the Party, conducted in a temperate and responsible manner not lowering the Party in public repute or making public confidential internal information shall not per se be an occasion of disciplinary action, in conformance with our principles of freedom of speech and internal democracy.

Members subject to disciplinary action must be informed in writing of the allegations against them in reasonable time to defend themselves, and must be tried by a Disciplinary Tribunal appointed by the relevant Regional Executive or the Party Leader, comprised of Voting Members who are as far as possible uninvolved in the matters concerning their Tribunal and likely to be impartial. The Rules of fairness and Natural Justice shall be followed throughout, and right of appeal against the Tribunal’s decisions shall exist for any member to the Party Leader.

Pending a disciplinary hearing, members may be suspended from Party office and barred from attending Party meetings and activities, but Voting Members shall retain rights to vote and nominate candidates for national, regional and local office until and unless expelled by a Tribunal.

CHANGES TO THIS CONSTITUTION

Changes to this Constitution may only be made by a vote of 60% of Voting Members present at an Annual Conference.




DRAFT OUTLINE CONSTITUTION – OPTION THREE

Central Policy Unit - November 2010

NATIONAL LEADERSHIP

The Party shall be governed by a National Executive, comprising the directly elected Party Leader and a directly but separately elected Executive Council of eight members.

The electorate for the Executive Council and Party Leader shall comprise Voting Members only, voting by secret ballot. Nomination of Executive Council Members, who must be Voting Members, shall be by 20 Voting Members in writing. Canvassing for nominations is permitted. Sitting members, standing for re-election shall be deemed validly nominated ex officio. The Executive Council shall be elected annually.

The Leader shall be subject to an election if challenged, or in the event of his or her resignation, death or incapacity to continue in office, the latter certified by the unanimous vote of all current members of the Executive Council. Challengers must be Voting Members and must be nominated by 100 Voting Members. The Party Leader shall be deemed nominated, if willing to stand, automatically ex officio. Normally these elections shall coincide with the annual Executive Council elections, but if the Executive Council carry by a three-quarters majority of all its current members a vote of No Confidence in the Leader an election for both the Leader and the Council shall follow as soon as practicable, as shall be the case if an Annual Conference so votes by a 2/3 majority of Voting Members present. The Leader cannot otherwise be removed from office without ratification by a ballot of the Voting Members and nor can the leader expel or suspend from office any elected member of the National Executive. The National Executive may not suspend or expel any of its own members, although it may by a majority vote of three-quarters of its current members trigger an election of the National Executive and thereby compel its members to stand for re-election along with any new candidates who may be nominated.

The National Executive shall meet normally monthly, and shall have joint and collective responsibility for governing and running the Party and determining Party Policy, approving Manifestoes, managing financial affairs and so on. Each member, including the Leader, shall have one vote, but the Leader, as Chairman of the National Executive, shall have an additional casting vote in the event of an equality of votes. The quorum at National Executive meetings shall be attendance by at least 50% of its members, and all members shall be advised, in writing by post or e-mail acknowledged as received by the addressee, at least 48 hours in advance of the date and venue of meetings.

The Leader shall have day to day authority over the Party when for reasons of time consultation with the rest of the National Executive is not practicable, but is answerable to, and his/her decisions taken alone must where relevant be ratified, and if practicable may be reversed, by the National Executive. The leader may not commit the Party to expenditure beyond a limit to be laid down by the National Executive without the prior authorisation of the National Executive. Nor should the Leader take major decisions, e.g. whether a bye-election should be contested, without the agreement of the rest of the National Executive unless this cannot be secured in time. In urgent situations a vote of the National Executive may be conducted over the telephone or by e-mail. Votes over the telephone should be confirmed in writing subsequently by those involved.

The National Executive, comprising Leader and Executive Council, shall have final authority over and responsibility for the operation and governance of the Party, subject to this Constitution.

The National Executive shall be responsible for ensuring that the Party is run according to the law, and in particular for ensuring that Party Accounts are submitted to the relevant authorities in good order and in good time in accordance with the relevant provisions of the Law.

Executive Departments, as defined by the National Executive, such as Organisation, Publicity, Elections, Fund-Raising, Finance/Treasurer, Policy & Internal Education, and also the Editors of Party publications shall report to the National Executive. Executive Departments may, but need not, be headed by National Executive members, who may also discharge other Party offices.

PARTY PRESIDENT

The National Executive shall initially and once only appoint a Voting Member of sufficient standing and record of service as to command widespread respect within the Party as Party President.

The Party President shall be appointed for life or until resignation unless successfully challenged for office. Such challenges will require the nomination by 10% of the total Voting Membership of a Voting Member as a rival candidate, and the same rules shall apply for candidates nominated in the event of the death or resignation of the President. Presidential Elections should wherever practicable coincide with annual Executive elections, although the National Executive may at its discretion conduct such elections at other times.

The role of the Party President shall be

(i) to ensure that the roll of Voting Members is kept in an accurate and up-to-date manner in accordance with the provisions of the Constitution.

(ii) To oversee the conduct of internal elections and ensure they are carried out in accordance with the Constitution. He or she may appoint a Returning Officer answerable to them for this purpose. The certification of the President that the election was validly and properly conducted shall be a requirement for a valid election to have occurred.

(iii) To monitor internal debate, particularly in the course of internal elections, and ensure it remains within bounds which will not bring the Party into disrepute. The President may advise the National Executive to take disciplinary action against those concerned if his or her admonitions be not heeded.

(iv) To act as an ombudsman to assist in the resolution of disputes within the Party and to hear, in confidence if deemed necessary, grievances and concerns of members and assist in their resolution.

(v) Generally to advise and assist in sustaining standards of fairness and avoidance of harm to the Party’s reputation in the conduct of its internal affairs.
The President may be invited to attend and advise at meetings of the National Executive at its discretion but shall not have a vote at such meetings. The President shall be invited to attend and advise at meetings of the Advisory Council.

REGIONAL ORGANISATION

Regional Organisers shall be appointed by the National Executive. They shall each govern each Region as the Chairman of a Regional Executive comprising representatives from the constituent Branches and other units in the Region. The Regional Organiser shall have day-to-day operational authority for running their Region but shall be answerable to the Regional Executive.

LOCAL UNIT ORGANISATION

Branch and other local unit Organisers shall be appointed, or their election by their unit subject to approval and ratification, by the Regional Executive. Each Branch or other local unit shall be governed by a committee elected by paid-up members of the unit. Whilst only Voting Members are eligible to hold Branch or other Party offices, all paid-up Party members can vote in local unit committee elections. The local unit shall determine the size and responsibilities of its committee, subject to ratification and possible amendment by the Regional Executive. Additionally, the requirement that all unit offices be held by Voting Members may be waived temporarily by the Regional Executive or National Executive in the case of units not yet possessed of sufficient Voting Members to fill the necessary positions. However non-Voting Members so elected would be expected to qualify for Voting Membership as soon as reasonably practicable.

HIERARCHY OF AUTHORITY

Superior executive bodies shall have the right to dissolve inferior ones reporting to them in the event of misconduct and/or incompetence, appointing new organisers and calling new elections. They shall also have the authority to establish, set the boundaries of, and disestablish such inferior bodies. E.g. the National Executive has the power to determine the number of and areas covered by Regions, and Branches within Regions, whilst Regional Executives can do likewise for Branches and other local units within their jurisdictions.

NATIONAL ADVISORY COUNCIL

A National Advisory Council comprising all Regional Organisers, Executive Department Heads, National Officials e.g. the Party Treasurer and publication editors, plus the National Executive and any other persons the National Executive shall see fit to invite shall meet at least twice and preferably four times annually to discuss strategic and broader issues. The results of such discussions and any votes taken shall be advisory but not binding on the National Executive.

ANNUAL PARTY CONFERENCE

An Annual Party Conference shall be held once in each calendar year at which all Voting Members may attend and vote. Ordinary Members may attend but not vote. Changes to this Constitution may only be effected by a two-thirds majority vote of the Voting Members at an Annual Conference. A two-thirds majority of the Voting Members present at an Annual Conference, sobeit their number comprises at least 40% of the total Voting Membership, may by resolution dissolve the National Executive and force an election of its members, including the Leader.

Policy Resolutions adopted by the Annual Conference shall be advisory but not binding on the Party.

The Annual Conference shall elect a National Audit Committee of not less than 3 and not more than 5 Voting Members, which shall be responsible for monitoring the accounts and financial affairs of the Party and reporting to the Annual Conference that they have been conducted in an honest and transparent manner, or otherwise. The Party Leader and members of the Executive Council shall not be eligible for membership of this Committee.

VOTING MEMBERS

Voting Members shall from the implementation of this Constitution comprise all persons who have been paid-up Members of the Party in good standing for the past two years continuously.

Within 12 months after the initial implementation of this Constitution, the following further requirements shall be enforced on Voting Members, and shall thereafter be in force in addition to the requirement for 24 months of membership. They shall have successfully completed a course of instruction in Party ideology and policy according to such rules as may from time to time be laid down by the National Executive, or have been granted specific personal exemption, in exceptional cases, from that requirement by the National Executive, and shall in addition have been certified by their local unit or in exceptional cases directly by the National Executive as active Party members of good character. If a potential Voting Member feels that such a certificate has been unreasonably withheld by their local unit they may appeal to the relevant Regional Executive and thence to the National Executive, whose decision shall be final.

The maintenance of an accurate and up-to-date register of Voting Members shall be the responsibility of the Party President, exercised through appropriate subsidiary department/officers. Only Voting Members shall be permitted to see or have access to or custody of any Party membership lists, national or local, and divulging the contents of such lists to anyone not themselves a Voting Member, without explicit permission of all the members concerned or a Court Order of which the National Executive have been made aware and with which they have authorised compliance, shall be a serious disciplinary offence.

PARTY DISCIPLINE

Superior executive bodies shall have the right to initiate disciplinary action against members of inferior ones reporting to them, and against Voting and Ordinary Members in their areas of responsibility in the event of misconduct, defined as any action likely to bring the party into disrepute or deliberately and improperly obstruct its normal and proper operation, the latter including wilfully refusing to obey the reasonable and lawful instructions of superior Party authority to refrain from a particular conduct, speech or action deemed by that superior harmful to the Party.

Internal debate and dissent, and campaigning for election to office within the Party, conducted in a temperate and responsible manner not lowering the Party in public repute or making public confidential internal information shall not per se be an occasion of disciplinary action, in conformance with our principles of freedom of speech and internal democracy.

Members subject to disciplinary action must be informed in writing of the allegations against them in reasonable time to defend themselves, and must be tried by a Disciplinary Tribunal appointed by the relevant Regional or the National Executive, comprised of Voting Members who are as far as possible uninvolved in the matters concerning their Tribunal and likely to be impartial. The Rules of fairness and Natural Justice shall be followed throughout, and right of appeal against the Tribunal’s decisions shall exist for any member to the National Executive.

Pending a disciplinary hearing, members may be suspended from Party office and barred from attending Party meetings and activities, but Voting Members shall retain rights to vote and nominate candidates for national, regional and local office until and unless expelled by a Tribunal.

CHANGES TO THIS CONSTITUTION

Changes to this Constitution may only be made by a vote of 60% of Voting Members present at an Annual Conference.