Britain’s equality watchdog is close to deciding if it will launch an inquiry into whether the Labour party’s handling of antisemitism cases complies with equalities law.
If the Equality and Human Rights Commission decides to investigate, it would be a significant blow to Labour and its leader, Jeremy Corbyn, because the bar for launching a formal investigation into whether the party is carrying out its statutory duties is relatively high.
The EHRC said it “can only commence an investigation where we suspect that an organisation has committed an unlawful act”, using powers introduced when the last Labour government passed the Equality Act in 2006.
Commission sources indicated on Wednesday that a final decision was due within days, prompting intense speculation in Labour circles at Westminster that the party could be the subject of a rare legal inquiry.
Labour is already embroiled in a bitter row over the handling of antisemitism complaints and anti-Jewish sentiment in the party, which has led to conflicts in both Westminster and local parties.
A series of leaked emails have cast doubt on the role of senior allies of the Labour leader in overseeing complaints in recent days.
Key staff asked to be copied in on complaints last year, appearing to contradict Labour claims that the complaints process has been kept separate from Corbyn advisers.
Corbyn, however, has repeatedly insisted, including to Jewish community leaders, that the process of examining antisemitism complaints is not a political one, and is kept at arm’s length from his team.
The EHRC is preparing to rule on a dossier compiled by the Campaign Against Antisemitism (CAA), which has asked the body to open an investigation into “discrimination against Jews and victimisation of those who oppose antisemitism within the Labour party”. A second complaint, thought to be more detailed, was also filed by the Jewish Labour Movement (JLM).
The CAA’s complaint dates back to last July. The EHRC responded by asking the pressure group for a full legal submission, which was sent in November.
At the time, Gideon Falter – the CAA’s chair – said its claim was based on the fact that “under Jeremy Corbyn’s leadership, the Labour party has become institutionally antisemitic”.
Labour and its leader have repeatedly rejected allegations of antisemitism, and a spokesperson said the party is “fully committed to the support, defence and celebration of the Jewish community and its organisations”.
Tom Watson said: “I am deeply saddened to read that the EHRC feels there is sufficient evidence to investigate Labour for breaches of discrimination law.
“I have written to our general secretary to ask that the Labour party co-operates fully with the EHRC and that all relevant files and data should be retained so that investigators can form a clear picture of the processes and culture around Labour’s response to antisemitism within our ranks.
“I would like to reassure Labour party members that we will do everything we can to drive out racism wherever it exists within our ranks.”
Any EHRC inquiry would be undertaken through section 20 of the Equality Act. A spokesperson said only one such inquiry had been carried out before: an investigation into unlawful discrimination, harassment and victimisation of employees by the Metropolitan police.
It concluded that minority ethnic, gay and female police officers who raise complaints of discrimination expect to be victimised and fear reprisals. The EHRC called on the Met to overhaul its procedures to comply with the law.
On Wednesday evening, Jewish Labour members voted not to leave the party following the departure of the Jewish MP Luciana Berger in a row over whether the party is institutionally antisemitic.
At simultaneous meetings in Manchester and London, members of the JLM debated whether to disaffiliate, before putting the matter to an informal, non-binding vote.
Passionate speeches in London from Jewish MPs including Louise Ellman, Margaret Hodge and Ruth Smeeth were streamed to Manchester in an ultimately successful attempt to avoid a breakaway.
In Manchester, members voted 35-5 to remain part of Labour. In London, the vote was unanimous in favour of staying.
The JLM has about 3,000 members, with more people joining since Corbyn became Labour leader. The organisation will take an official vote on disaffiliation at its annual general meeting on 7 April.
Dominic Casoria, a 19-year-old student at Lancaster University and former Labour LGBT and youth officer, said he had voted with a heavy heart to stay.
“I came here expecting to vote to disaffiliate because I am sick of having to defend Luciana and people calling her a traitor, when she is a Jewish woman who was bullied out,” he said. “But then I just thought I needed to stick with it.”
He said he wrote a resignation letter the day Berger left the party and then deleted it.
“That was my red line: that if Luciana left, especially being bullied out of her constituency, I would leave. I was devastated to have her, our parliamentary Jewish Labour Movement chair, leave, but she had to do what was right for her.”
He said his rabbi asked where his new red line was: “I keep thinking about this and I think if other Jewish MPs were to leave, like Margaret Hodge and Ruth Smeeth, I would go with them as well.”
He added: “At the end of the day, this is our party, we are not going anywhere. We are not going to give it to any other group in the party.
“We need people to know that antisemitism is a problem and to do that we need to be behind our Jewish MPs.”
Stephane Savary, who stood as a council candidate in Altrincham in Trafford last year, said he was pleased at the outcome. “We definitely want to fight to get the antisemites out of the party,” he said.
Last year, a Labour member made a 50-minute antisemitic video about him, calling him a “fucking Jew”. He said he reported the video to the Labour party nine times but the party refused to accept the antisemite was a party member until a police investigation proved it.
He said there was near-universal criticism of Corbyn at Wednesday’s meeting. “He is the issue, no question about it,” said Savary.
On Tuesday, more than 100 Labour MPs, including at least 10 frontbenchers, wrote to the JLM urging the group not to disaffiliate. Corbyn wrote his own letter to the JLM, urging members to stay and saying he recognised the “enormous distress” caused by antisemitism.
A Labour party spokesperson said: “We completely reject claims of institutional antisemitism. Antisemitism complaints received since April 2018 relate to about 0.1% of our membership, but one antisemite in our party is one too many. We are determined to tackle antisemitism and root it out of our party once and for all.”