Labour antisemitism report: The key findings from EHRC

Labour broke equality law under Jeremy Corbyn’s leadership, an investigation has concluded

The Equality and Human Rights Commission’s long-awaited report has finally been released, after years of complaints about how allegations of antisemitism were dealt with under Jeremy Corbyn’s leadership of Labour.

The human rights body’s investigation found that Labour broke the law, and the party has now suspended its ex-leader Mr Corbyn. So what exactly did the watchdog discover, and what does it mean for current boss Sir Keir Starmer? Here are the key findings and recommendations:

Labour responsible for ‘unlawful’ antisemitic harassment

The EHRC found evidence of antisemitic harassment and discrimination, and said the party failed to take effective measures to stop “antisemitic conduct” from taking place.  

It found the Labour Party breached the Equality Act 2010, since party agents used “antisemitic tropes” and suggested that complaints of antisemitism were fake or smears in dealing with two complaints.

There were another 18 cases identified as “borderline”, since there was not enough evidence to conclude the Labour Party was legally responsible for the conduct of local councillors and local election candidates.

“We have concluded that there were unlawful acts of harassment and discrimination for which the Labour Party is responsible,” it stated.

Labour responsible for ‘unlawful’ political interference

The EHRC also concluded that the practice of “political interference” into the handling of antisemitism complaints was unlawful.

The watchdog found that Jeremy Corbyn’s office involved itself in disciplinary cases that were deemed “politically sensitive” – despite the fact this was not part of the Labour Party’s formal complaints process, “so it was not a legitimate approach to determining complaints”.

It also found there was no clear, publicly accessible and comprehensive policy or procedure to explain how antisemitism complaints were dealt with – and a lack of a fair process for respondents.

What details does the report provide?

The report singled out cases involving former London mayor Ken Livingstone and local councillor Pam Bromley. It said that both had “committed harassment against its members in relation to Jewish ethnicity”, and identified where both had sought to dismiss complaints of antisemitism as “fake or smears”.

It said Mr Livingstone was not protected by freedom of speech laws when he said that social media posts by Labour MP Naz Shah – which included a graphic suggesting Israel should be relocated to the US with the comment “problem solved” – were not antisemitic.

The report also said Labour Party members told the EHRC that Ms Bromley’s conduct, including Facebook posts, “contributed to a hostile environment in the Labour Party for Jewish and non-Jewish members”.

Report recommends Labour commits to new complaints process

The EHRC said the party must now commission a new, truly independent process to handle and determine antisemitism complaints in a bid to rebuild trust. It also wants Labour to set out a comprehensive procedure – including rules for social media policy.

The report also recommends in-depth, practical training for all individuals involved in the antisemitism complaints process within six months. The EHRC also wants Labour to roll out a programme of education and training on identifying and tackling antisemitism for all staff.

The EHRC’s interim chair Caroline Waters said there had been “inexcusable” failures, which “appeared to be a result of a lack of willingness to tackle antisemitism rather than an inability to do so”.

Report did not find any individual legally responsible for failures

The EHRC did not find any individuals responsible for unlawful behaviour, and stopped short of calling the party institutionally antisemitic. Lead investigator Alasdair Henderson said: “Blame for the antisemitism in the Labour Party can’t be placed on one person … it went beyond the role of Jeremy Corbyn.

“That said, the failure of leadership, although it extended across the party through the period of example that we looked at, was of course during the time when Jeremy Corbyn was leader.

“And as leader of the party, and with evidence of political interference from within his office, he does have a responsibility, ultimately, for those failings. Any further legal action in respect to Mr Corbyn himself is not a matter for us.”

The Labour Party is now legally obliged to draft an action plan by 10 December to tackle the findings of unlawful behaviour. But in the short term, the party is also now open to legal action from party whistleblowers and other complainants.

What have the responses to the report been?  

Sir Keir Starmer has decided Mr Corbyn should be suspended from the Labour Party and stripped of the Labour whip over his predecessor’s response to the report.

“In light of his comments made today and his failure to retract them subsequently, the Labour Party has suspended Jeremy Corbyn pending investigation,” said a spokesperson.

Mr Corbyn had earlier reacted to the report by saying he did not accept all of the EHRC’s findings – adding that the scale of the antisemitism problem in Labour was “dramatically overstated” for political reasons.

Sir Keir said he accepted the report’s findings “in full and without qualification”. He said the action plan would be ready for the EHRC to look at within six weeks. The Labour leader also said the findings were a “day of shame” for the party and he was “truly sorry”.

The Campaign Against Antisemitism has pushed for Sir Keir to take disciplinary action against Mr Corbyn, Diane Abbott and 15 other sitting Labour MPs.

“Jeremy Corbyn and those around him who took part in or enabled the gaslighting, harassment and victimisation of Britain’s Jewish minority are shamed for all time,” said chief executive Gideon Falter.

A joint statement from the Board of Deputies of British Jews, the Jewish Leadership Council and the Community Security Trust said the report “proves why British Jews were so distressed and it disgraces those who attacked us for speaking out against anti-Jewish racism”.