Judicial review will focus on EHRC’s conclusions relating to statutory test for harassment under Equality Act 2010 and freedom of expression under Article 10 of European Convention on Human Rights
Former London Mayor Ken Livingstone and Rossendale borough councillor Pam Bromley, who were both named in last year’s EHRC (Equality and Human Rights Commission) report into alleged antisemitism in the Labour Party, have today announced that they are challenging the Report’s findings against them via judicial review.
In its long-delayed and controversial report last October the EHRC found that Livingstone and Bromley had ‘contributed’ to alleged ‘unlawful harassment related to Jewish race and religion’ by the Labour Party.
Livingstone and Bromley firmly have rejected the EHRC’s findings and the legal analysis underpinning them, which they believe is flawed. The pair have assembled a top legal team to address the findings against them and are crowdfunding £40,000 to cover initial costs.
The pair’s case will focus on the sections of the EHRC report relating to them – including concerns about their right to freedom of expression – which could lead to sections of the current report being substantially revised. It will address the EHRC’s legal analysis relating to the statutory test for harassment under the Equality Act 2010 and freedom of expression under Article 10 of the European Convention on Human Rights.
The legal challenge is being supported by the Left Legal Fighting Fund, a central fund to assist activists, protesters and whistleblowers. The Fighting Fund was established at the end of 2019 by former Labour MP Chris Williamson from the costs he won after his High Court victory against the party.
Speaking about his decision to launch the judicial review, Livingstone said:
The EHRC’s investigation into the Labour Party was a politically-motivated attack aimed at derailing Jeremy Corbyn’s leadership. The Commission cobbled together a half-baked case against me, justified by a flawed legal analysis.
This judicial review will be a vital step in correcting the record and in fighting back against a McCarthyite smear campaign which has been waged against the British Left over the past five years.
The EHRC Report and its dubious legal analysis will have knock-on effects for freedom of expression. The right of pro-Palestine campaigners to criticise the State of Israel and its apartheid policies is being actively suppressed.
This judicial review will not only help to clear mine and Ken’s names, it will ensure that the EHRC Report can’t be used as a tool to bludgeon activists who dare to speak up for Palestinians.
The crowdfunder will be live at: www.fightingfund.org/kenandpam.
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