Federal Appeals Panel

Submitted by: Federal Board
Mover: Jeremy Hargreaves (Vice Chair, Federal Board).
Summation: Dr Mark Pack (President of the Liberal Democrats).

Conference notes that:

1. The Federal Appeals Panel (FAP) has experienced difficulties for a number of years due to not being consistently at full strength.
2. Following a review, the Federal Audit and Scrutiny Committee (FASC) recommended changes to the rules about who can be a member of the FAP in order to:
   1. Better foster and preserve relevant expertise, including through how people join the panel.
   2. Make it easier to ensure the FAP is at full strength.
   3. Make it easier to assemble suitable panels for specific cases.

Conference therefore agrees to change Article 22.1 of the Federal Constitution by:

1. Deleting 'There shall be a Federal Appeals Panel, which shall consist of 18 members elected as follows' and inserting 'There shall be a Federal Appeals Panel, which shall consist of 18 members chosen as follows'.
2. In 22.1A, deleting 'elected' and inserting 'chosen'.
3. In 22.1B, deleting 'elected' and inserting 'chosen'.
4. In the last paragraph of 22.1, deleting 'the members elected to it by the Federal Board' and inserting 'those of its members chosen by the Federal Board'.
5. In the last paragraph of 22.1, deleting 're-appointed as a member of the Panel' and inserting 'chosen again as a member of the Panel by the Federal Board and confirmed by Conference'.

Conference also agrees to change Article 22.2 of the Federal Constitution by:

1. Deleting 'Each member of the Panel shall hold office for five years, and shall be eligible for re-appointment provided that no person shall be entitled to hold office for more than ten years in aggregate' and inserting 'Each member of the Panel shall hold office for five years, and shall be eligible for re-appointment provided that no person shall be entitled to hold office for more than ten years out of twelve in aggregate'.
2. Deleting 'No person shall be eligible for appointment if (and any member shall forthwith vacate office upon becoming) an MP, MEP or prospective parliamentary candidate (save that the Chief Whip may be a federal appointee) or a member of the Federal Board or the Federal Policy Committee' and inserting 'No person shall be eligible for appointment if (and any member shall forthwith vacate office upon becoming) an MP (save that the Chief Whip may be a federal appointee) or a member of the Federal Board'.

Conference further agrees to change Article 22.4(B) by deleting 'and at least one shall be a Federal appointee' from the end of 'at least three members shall be appointed to hear any other case .... of whom at least one shall be an appointee of the State Party of which the applicant is a member and at least one shall be a Federal appointee;'.

Conference also notes that following the Board filling various party posts during 2023, it reviewed the processes for doing so and concluded that providing more time to fill posts after the start of each Board term would better ensure that a skilled, diverse set of appointments and elections are made; it also concluded that having different posts with similar names can be confusing.

Conference therefore agrees to delete Article 8.5 of the Federal Constitution and insert new 8.5 as follows:

1. The term of office for each Committee of the Federal Party shall be three years. All elections to Federal Committees by party members and other Federal Committees shall be governed by this term of office.
2. The first meeting of each Federal Committee shall take place no later than three months after the declaration of the results in the triennial election.
3. The term of office shall commence from the first meeting of that Committee following a triennial election, save that the Board may decide that the term for those party members which the Board elects to other committees may start up to four months after the first meeting of the Committee, and for those previously elected to continue in post until that date.

Conference also agrees to change Article 12.2 B and 16.3 B (iii) of the Federal Constitution by deleting 'Treasurer' and inserting 'Federal Treasurer'.

Conference further agrees to change Article 20.5 of the Federal Constitution by deleting 'The Treasurer, who shall be responsible for fund-raising, shall be elected by the Federal Board at its first meeting in every term and shall serve for a term of three years' and inserting 'The Federal Treasurer, who shall be responsible for fund-raising, shall be elected by the Federal Board and shall serve for a term of three years'.

The current Federal Party constitution is available at www.libdems.org.uk/constitution. The existing text of the relevant parts of the articles amended above are as follows:

ARTICLE 8: Committees of the Federal Party

8.5 The term of office for each Committee of the Federal Party shall last for three years. All elections to Federal Committees by party members and other Federal Committees shall be governed by this term of office. It shall commence from the first meeting of that Committee following a triennial election. The first meeting of that Committee shall take place no later than three months after the declaration of the results in the triennial election.

ARTICLE 12: The Federal Finance and Resources Committee

12.2: It shall consist of:

• The following shall also be invited to attend meetings of the committee, but shall not have the right to vote:
  • The Treasurer

ARTICLE 16: The Federal Audit and Scrutiny Committee

16.3: It shall comprise:

• The following shall also be invited to attend meetings of the committee, but shall not have the right to vote:
  • The Treasurer

ARTICLE 22: Resolution of Conflicts

22.1 There shall be a Federal Appeals Panel, which shall consist of 18 members elected as follows:

• Nine elected by the Federal Board subject to confirmation by the Federal Conference. Each name shall be presented individually to Conference for confirmation. If any name is rejected by Conference, that name may not be re-presented to Conference for confirmation until at least eighteen months have elapsed; and
• Three elected by each State Party according to its internal procedures.
• The Chair of the Federal Appeals Panel shall be elected by the Panel from amongst the members elected to it by the Federal Board. The Chair upon ceasing to be a member of the Panel shall also cease to be Chair of the Panel but if re-appointed as a member of the Panel shall be eligible for re-election as the Chair.

22.2 Each member of the Panel shall hold office for five years, and shall be eligible for re-appointment provided that no person shall be entitled to hold office for more than ten years in aggregate. No person shall be eligible for appointment if (and any member shall forthwith vacate office upon becoming) an MP, MEP or prospective parliamentary candidate (save that the Chief Whip may be a federal appointee) or a member of the Federal Board or the Federal Policy Committee. The body making the original appointment may terminate the appointment because the appointee is no longer able to carry out their duties as a member of the Panel on account of ill health or for other good cause. Any casual vacancy on the Panel may be filled by the body making the original appointment for the residue of the term of that appointment.

22.4 The members of the Panel to hear a particular case shall be selected by the Chair, or by a person authorised by the Chair to carry out this task, who shall if appropriate consult with the applicant, subject to the following provisos:

• At least three members shall be appointed to hear any other case (and an applicant may refuse to proceed unless at least three members are present), of whom at least one shall be an appointee of the State Party of which the applicant is a member and at least one shall be a Federal appointee;

Applicability: Federal.

Consitutional amendment prior to drafting amendment

Conference notes that:

1. The Federal Appeals Panel (FAP) has experienced difficulties for a number of years due to not being consistently at full strength.
2. Following a review, the Federal Audit and Scrutiny Committee (FASC) recommended changes to the rules about who can be a member of the FAP in order to:
   1. Better foster and preserve relevant expertise, including through how people join the panel.
   2. Make it easier to ensure the FAP is at full strength.
   3. Make it easier to assemble suitable panels for specific cases.

Conference therefore agrees to change Article 22.1 of the Federal Constitution by:

1. Deleting 'There shall be a Federal Appeals Panel, which shall consist of 18 members elected as follows' and inserting 'There shall be a Federal Appeals Panel, which shall consist of 18 members appointed as follows'.
2. Deleting 'elected' and inserting 'appointed' in 22.1A and 22.1B.

Conference also agrees to change Article 22.2 of the Federal Constitution by:

1. Deleting 'Each member of the Panel shall hold office for five years, and shall be eligible for re-appointment provided that no person shall be entitled to hold office for more than ten years in aggregate' and inserting 'Each member of the Panel shall hold office for five years, and shall be eligible for re-appointment provided that no person shall be entitled to hold office for more than ten years out of twelve in aggregate'.
2. Deleting 'No person shall be eligible for appointment if (and any member shall forthwith vacate office upon becoming) an MP, MEP or prospective parliamentary candidate (save that the Chief Whip may be a federal appointee) or a member of the Federal Board or the Federal Policy Committee' and inserting 'No person shall be eligible for appointment if (and any member shall forthwith vacate office upon becoming) an MP (save that the Chief Whip may be a federal appointee) or a member of the Federal Board'.

Conference further agrees to change Article 22.4(B) by deleting 'and at least one shall be a Federal appointee' from the end of 'at least three members shall be appointed to hear any other case .... of whom at least one shall be an appointee of the State Party of which the applicant is a member and at least one shall be a Federal appointee;'.

Conference also notes that following the Board filling various party posts during 2023, it reviewed the processes for doing so and concluded that providing more time to fill posts after the start of each Board term would better ensure that a skilled, diverse set of appointments and elections are made; it also concluded that having different posts with similar names can be confusing.

Conference therefore agrees to delete Article 8.5 of the Federal Constitution and insert new 8.5 as follows:

1. The term of office for each Committee of the Federal Party shall be three years. All elections to Federal Committees by party members and other Federal Committees shall be governed by this term of office.
2. The first meeting of each Federal Committee shall take place no later than three months after the declaration of the results in the triennial election.
3. The term of office shall commence from the first meeting of that Committee following a triennial election, save that the Board may decide that the term for those party members which the Board elects to other committees may start up to four months after the first meeting of the Committee, and for those previously elected to continue in post until that date.

Conference also agrees to change Article 12.2 B and 16.3 B (iii) of the Federal Constitution by deleting 'Treasurer' and inserting 'Federal Treasurer'.

Conference further agrees to change Article 20.5 of the Federal Constitution by deleting 'The Treasurer, who shall be responsible for fund-raising, shall be elected by the Federal Board at its first meeting in every term and shall serve for a term of three years' and inserting 'The Federal Treasurer, who shall be responsible for fund-raising, shall be elected by the Federal Board and shall serve for a term of three years'.

The current Federal Party constitution is available at www.libdems.org.uk/constitution. The existing text of the relevant parts of the articles amended above are as follows:

ARTICLE 8: Committees of the Federal Party

8.5 The term of office for each Committee of the Federal Party shall last for three years. All elections to Federal Committees by party members and other Federal Committees shall be governed by this term of office. It shall commence from the first meeting of that Committee following a triennial election. The first meeting of that Committee shall take place no later than three months after the declaration of the results in the triennial election.

ARTICLE 12: The Federal Finance and Resources Committee

12.2: It shall consist of:

• The following shall also be invited to attend meetings of the committee, but shall not have the right to vote:
  • The Treasurer

ARTICLE 16: The Federal Audit and Scrutiny Committee

16.3: It shall comprise:

• The following shall also be invited to attend meetings of the committee, but shall not have the right to vote:
  • The Treasurer

ARTICLE 22: Resolution of Conflicts

22.1 There shall be a Federal Appeals Panel, which shall consist of 18 members elected as follows:

• Nine elected by the Federal Board subject to confirmation by the Federal Conference. Each name shall be presented individually to Conference for confirmation. If any name is rejected by Conference, that name may not be re-presented to Conference for confirmation until at least eighteen months have elapsed; and
• Three elected by each State Party according to its internal procedures.
• The Chair of the Federal Appeals Panel shall be elected by the Panel from amongst the members elected to it by the Federal Board. The Chair upon ceasing to be a member of the Panel shall also cease to be Chair of the Panel but if re-appointed as a member of the Panel shall be eligible for re-election as the Chair.

22.2 Each member of the Panel shall hold office for five years, and shall be eligible for re-appointment provided that no person shall be entitled to hold office for more than ten years in aggregate. No person shall be eligible for appointment if (and any member shall forthwith vacate office upon becoming) an MP, MEP or prospective parliamentary candidate (save that the Chief Whip may be a federal appointee) or a member of the Federal Board or the Federal Policy Committee. The body making the original appointment may terminate the appointment because the appointee is no longer able to carry out their duties as a member of the Panel on account of ill health or for other good cause. Any casual vacancy on the Panel may be filled by the body making the original appointment for the residue of the term of that appointment.

22.4 The members of the Panel to hear a particular case shall be selected by the Chair, or by a person authorised by the Chair to carry out this task, who shall if appropriate consult with the applicant, subject to the following provisos:

• At least three members shall be appointed to hear any other case (and an applicant may refuse to proceed unless at least three members are present), of whom at least one shall be an appointee of the State Party of which the applicant is a member and at least one shall be a Federal appointee;

Applicability: Federal.

Mover: 5 minutes; all other speakers: 3 minutes. For eligibility and procedure for speaking in this debate, see pages 44-45 of the agenda.

The deadline for amendments to this motion is 13.00 Monday 4 March; see page 47. Those selected for debate will be printed in Conference Extra and Saturday's Conference Daily. The deadline for requests for separate votes is 09.00 Thursday 14 March; see page 44.

Constitutional amendments require a two-thirds majority to pass.

Amendments

The FCC has agreed to make the following drafting amendments to the motion:

In i) (line 16), delete 'appointed' and insert 'chosen'.

Delete ii) (line 17) and insert:

ii)     In 22.1A, deleting 'elected' and inserting 'chosen'.
iii)     In 22.1B, deleting 'elected' and inserting 'chosen'.
iv)     In the last paragraph of 22.1, deleting 'the members elected to it by the Federal Board' and inserting 'those of its members chosen by the Federal Board'.
v)     In the last paragraph of 22.1, deleting 're-appointed as a member of the Panel' and inserting 'chosen again as a member of the Panel by the Federal Board and confirmed by Conference'.