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On April 16, 12 days after Eric Pickles sent PwC to Mulberry Place, Takki Sulaiman, Tower Hamlets council’s £100,000 a year head of communications and marketing (and publicity), wrote this in an email to me:

Maybe those who followed your lead may regret they rushed to judgment about LBTH and our processes? Meanwhile we get on with the business of running services – and working with the auditors.

I’ve been looking forward to publishing those words today.

It’s always easy to jump to judgment with Tower Hamlets council. Some of the “damning report” headlines that appeared across the media this morning were quite probably pre-planned.

I said in my last post I’d reserve judgment until I’d gone through some of the details and listened to the exchanges in the Commons.

Well, the exchanges among Tory and Labour MPs were universally damning, there’s little doubt about that. My prize goes to Ealing MP Steve Pound, who can always be relied upon for vivid language. He said the mayor’s office was responsible for a “foul, fetid, reeking stench” emanating from wonderful Tower Hamlets.

Eric himself was also up there. “There can be no place for rotten boroughs in 21st Century Britain,” he said…(to which Tim Minogue, the editor of Private Eye’s Rotten Borough column, tweeted: “Is that a threat?”)

But what of the substance of the report itself?

There was no knockout blow, but I have to say, the more you read the details, the more damning it is.

The tone suggests the PwC auditors were shocked by what they found.

The council and Mayor Lutfur Rahman are today trying to downplay its importance. They claim “no criminality or fraud” was found and that council processes had already picked up much of the PwC findings.

Pull the other one.

To paraphrase Takki, maybe he and Lutfur may regret they rushed to judgment about the journalists investigating and reporting on Tower Hamlets.

Lutfur, whose hopes of returning to Labour are now dead, may also regret the day he decided to “reform” the way grants were decided at the town hall. One of his early decisions as mayor was to abolish the Grants Panel, an open committee of councillors that published in full the background papers for their decisions, and replace it with a behind-the-scenes committee of mates and officers…with himself having the final say.

I warned at the time this was a mistake and I included it in a lecture to delegates at the Centre for Investigative Journalism in 2012. It was also the area I advised the Panorama team to go hunting when we first met in the summer of last year.

As it happens, the PwC report is a full vindication (not that one was needed) for the Panorama programme.

It’s worth noting this statement today from the BBC and Films of Record, the production company behind the Panorama programme:

We welcome the findings of the report. Panorama’s investigation uncovered serious concerns about the use of public money, and today’s report vindicates the strong journalism we have continued to defend amid inaccurate commentary and misinformation surrounding the programme. 

John Ware, Panorama reporter, said: “Even before transmission of Panorama, the Mayor insisted there was no merit in any of the very serious questions I and my colleagues at the BBC and Films of Record raised over his approach to governance. He said our motivation could only be explained by racism and Islamophobia. This was manifestly never the case and today’s report shows our journalism was 100% justified.”

Before we get into the detail of some of the report, let’s get a few other statements out of the way.

From John Biggs:

This is a shameful report that shows a disregard for proper, transparent, accountable decision-making by the current administration. If money has been allocated to preferred organisations or areas of the borough then it follows that others have missed out.

The Mayor cannot dismiss this damning report by independent auditors as an attack by his political opponents as he always has done until now. He now has nowhere to hide and should think very carefully about whether his actions are compatible with remaining Mayor.

Labour group leader Cllr Rachael Saunders:

Cllr Rachael Saunders, Leader of Tower Hamlets Labour Group said:

“Labour demands the highest standards of probity in our elected representatives, and this damning report vindicates the decision to expel Lutfur Rahman from the Labour Party.

Councillors in Tower Hamlets have been fighting unjust grants allocations and opaque, rotten decision making since Lutfur Rahman was thrown out of the Labour Party and stood as an “independent” Mayor.

Earlier this year we sought to start a recruitment exercise for a Chief Executive – we do not currently have one. Lutfur Rahman has chosen not to co operate.

Now PwC has called into question the adequacy of the council’s governance arrangements. It is a cause of sorrow and shame for this great borough that Luftur Rahman as Mayor has taken us to the point of government intervention.

He should consider his position. Tower Hamlets deserves better.

And Lutfur Rahman:

We need to be clear that there was no evidence of fraud or criminal activity identified in the PwC report published today.

All governance issues identified in the PwC report have already been highlighted by our internal processes and are being rectified accordingly.

Given that Tower Hamlets Council is one of the highest performing local authorities in London, and the wider UK for service delivery to our residents, I am surprised at the Secretary of State’s comments today in the House of Commons.

I believe that there is a huge disparity between the detail of PwC’s report and the level of the Secretary of State’s comments. We will be responding to Mr Pickles in due course.

This certainly sounds as if those clever lawyers at Tower Hamlets are urging some kind of legal challenge.

I think they and their masters would be wiser to pipe down, take the medicine, and get on with the business of governance. And prove to the Commissioners who will soon arrive to oversee parts of the authority that they’re semi-competent.

So what’s actually happened?

Eric Pickles was scathing in the House today, and he clearly enjoyed himself. Politicians like taking action, no matter how much they say they don’t.

Based on the PwC findings he’s proposing to appoint three Commissioners to oversee the distribution of grants, the sales of properties and council publicity.

The Commissioners will also oversee the recruitment of three senior positions on a permanent basis: a new chief executive, monitoring officer (bye-bye Meic Sullivan-Gould) and a new chief finance officer.

None of these positions is currently filled on a permanent basis, and that, according to the PwC, has been part of the problem.

In Tower Hamlets it’s easy to become immune to some of the goings-on. We’ve seen them time and again for far too long. But for newcomers, the situation is surely shocking.

So it’s not good enough for the mayor’s supporters to downplay important process failures or to suggest similar discrepancies would be found in a £1m audit of any other local authority.

As The Guardian’s political editor Patrick Wintour reports:

Pickles plans to dispatch three commissioners to administrate grant-giving, property transactions and the administration of future elections in the borough.

The commissioners, who will be answerable to Pickles, will be in place until March 2017 and are tasked with drawing up an action plan to improve governance in the council, including the permanent appointment of three senior council officers including a chief executive.

Pickles said his direct intervention was against everything he believed in, but he said the report, conducted by the accountancy firm PwC, showed the directly elected mayor, Lutfur Rahman, had sown division and should bow his head in shame at the report’s findings. Executive power had been left unchecked and misused, he added.

…Pickles said the report painted “a deeply concerning picture of obfuscation, denial, secrecy the breakdown of democratic scrutiny and a culture of cronyism risking the corrupt spending of public funds”.

He proposed that all Tower Hamlets grant-making, property disposals and publicity functions be sanctioned by the commissioners. In an attempt to reduce the threat of electoral fraud in the 2015 general elections, Pickles also announced that the appointment of electoral registration officer and returning officer are to be exercised by the commissioners.

He added that he wanted the council’s written agreement within 24 hours that they would not appoint an officer or make any grants pending the start of his intervention package.

He said grants had been distributed without rationale, any clear objectives, monitoring, transparency and with officer recommendations systematically overruled.

He pointed out that across mainstream grants by the council, 81% of officer recommendations were rejected, and more than £400,000 was handed out to bodies that failed the minimum criteria to be awarded anything at all. He added that Poplar town hall had been sold against official advice to an individual who had helped the mayor in his electoral bid.

The report is almost 200 pages long and I’ll do a series of write-ups over the coming days.

It is also likely to have cost more than £1m to produce. I had been expecting Eric to announce DCLG would pick up the tab, but he said the burden must fall on Tower Hamlets taxpayers.

That’s surely unjust–and a mistake politically. It gives Lutfur’s team an attack line. The politics of martyrdom plays well in Tower Hamlets, after all.

Would this report, had it been published before the election, persuaded many Lutfur voters to desert him? My instinct is not many, and I do wonder whether Rabina Khan might now be emboldened to go after Rushanara Ali in Bethnal Green and Bow in May.

In fact, there are some Lutfurites pondering the possibility he himself may resign and call a Mayoral by-election to re-establish legitimacy. I doubt he would.

As I said, more on the detail tomorrow.

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Tower Hamlets election petitioner Andy Erlam has asked for the following to be published in response to my criticisms of him criticising John Biggs’s response to his original criticism of John. (Deep breath; I think I’ve got that right.)

Here’s his latest statement:

Like every journalist Ted Jeory loves conflict, even where none exists. John Biggs is a consummate politician and obviously relishes robust political debate especially if it leads to the best result. No doubt John is a very capable Member of the London Assembly and of the Police Committee, but he may not be an expert on Election Petitions.

It’s a pity Ted didn’t check some “facts” with me before publication, (we all make mistakes),‎ before giving the wrong impression. The decision to change lawyers was a majority decision.‎ Tower Hamlets First didn’t, of course, field candidates in the European Elections and corruption is less likely there.

The outcome of the hearing at 10am on Monday 28th. July at the Royal Courts of Justice (all welcome) will be decided entirely on the legal arguments put forward by our very able, independent, barrister not on comment made by Ted Jeory, John Biggs, myself or anyone else.

‎It is important that the Election Petition is free, and seen to be free , from national party political interests but instead representative of the entire electorate of Tower Hamlets. The prize is much, much, bigger than narrow party advantage. It’s about whether democracy matters.

What we can not do is accept statements or donations with strings. Everyone now has a primary duty, not to their political party or their mates, but exclusively to the court.  

Incidentally, the many people who have been caught up in wrong-doing have a special incentive to now step forward to make statements. They are protected by the evidence they make to the Election Court, even if they took part in criminal wrong-doing themselves.  ‎The police and the Director of Public Prosecutions can not prosecute anyone using evidence produced in the Election Court, (except if purgery is involved, which is fair enough).

‎All witnesses are thus protected.

My answer to all the critics and “Arm Chair Petitioners” is this: Time will tell who is right and who is wrong.

Rather than engage in conspiracy theories, let’s ask some more questions:

1. Were many council officers told in numerous meetings, where they were treated, to go out and get 100 votes each for Lutfur or else they would be thrown out of their jobs? 

2. Were they told that, if elected, John Biggs would sack them?

3. Is there a senior officer at the Town Hall, apart from the Returning Officer, who has had regular contact with DS Neil Smithson who is leading the investigation into alleged criminal election activity and, if so, for what reasons?

It’s the leadership of Tower Hamlets Council that is in trouble. Further revelations in the Sunday Telegraph and the contents of the PWC report will add fuel to the fire.

None of us are soothsayers but we can be allowed to speculate based on known facts and gut feelings: This time, this time, the entire political establishment in Tower Hamlets will fall. 

Time will tell.

Andy Erlam

andyerlam@ymail.com

If I may be as so bold to comment on article published on my own blog…there patently is conflict and I know from talking to the people involved there has been genuine unease and disagreement about strategy. But I don’t really need to say that do I?

I asked Andy what he meant by “majority decision” over the sacking of lawyer Gerald Shamash (because I’m not sure that was the case). He declined to comment but instead sent a further and probably final statement, which is below.

On the substance, he outlines or suggests some extremely serious allegations, which, until they are backed by proper evidence in court, border on innuendo. The hearing on July 28 will be fascinating. I genuinely want to know whether there is a case for false statement against the Lutfur camp in respect of smearing John Biggs as a racist.

Here’s Andy’s response to my questions:

Dear Ted,

Thanks for inviting me to comment further. 

Just to let you know that I do not wish to comment in detail further on the case.  As you know, the Petition is subject to legal proceedings and the details of the allegations and the evidence will be disclosed to the respondents, Mr. Rahman and the Returning Officer, when they are required to be in the Court. 

I would, however, like to clarify two points made in your most recent blog on 18th July: 

1. Mr. Rahman’s application to strike out the Petition is made on the grounds of its alleged failure to set out in sufficient detail the particulars of the allegations made in the Petition.  The Petition was drafted by Gavin Miller QC, while Steel and Shamash were still acting for the Petitioners.  The strike-out application has nothing to do with any subsequent developments.

2. Whilst it is of course a matter for the court, the strike-out application is being vigorously opposed and I am advised is unlikely to succeed, as the Court has the jurisdiction to order further particulars once the Petition has been presented.

Yours sincerely,

Andy

 

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The four Tower Hamlets election petitioners are due to defend a ‘strike-out’ application (submitted by Mayor Lutfur Rahman and Returning Officer John Williams) before a judge on July 28 but they way things are progressing they might literally be laughed out of court.

For very many people, the shambles around the count, the poison of the campaign, and the unusual campaigning methods used in Tower Hamlets on polling day (unusual to outsiders at least), meant there was a good argument to have a case heard in court. It would help clear the air, one way or another.

But amassing evidence of wrongdoing is a painstaking business and it certainly helps if you have people who have been there before. Gerald Shamash, the Labour party solicitor nationally, falls into that category.

It was he who helped Andy Erlam file his petition with the Election Court last month.

But a couple of weeks ago, he was sacked. Andy decided he wanted a new team. He won’t say why but it may be because Gerald was too expensive or because he took the initiative on certain matters.

Even prior to this, there had already been a degree of tension among the petitioners, whose number include a two Labour party members and a Ukip activist. But the sacking inflamed matters, largely because Andy did not, apparently, consult the others about it.

In the background, they have all been very busy compiling witness statements and there are, as I understand it, some potentially quite interesting pieces of evidence.

But credibility is also a powerful ingredient and that requires calm and sensible statements as to the facts and arguments.

Which brings me to the developing row between John Biggs and Andy Erlam.

Andy kicked all this off last week when he wrote an “open letter” to John urging him to declare his stance on their case. I’m told Andy never consulted John before sending this letter. I blogged about it on Wednesday when I also printed John’s reply to Andy. (In that blog post, I questioned Andy’s claim that up to 15,000 votes in the mayoral election were affected by forgery or intimidation; he now says that was an error and the 15,000 relates both the council and mayoral elections. Quite why the European polls are omitted is unclear.)

I thought, and so did most who read it, that John was pretty clear in his response…that he’d do all in his power to make the case work, including lodging a witness statement.

But in his reply, John also referred obliquely to the Gerald Shamash issue, something few knew about beforehand; I didn’t.

However, this reference seems to have riled Andy and yesterday he sent me another statement by way of reply to John. Again, John wasn’t consulted and he has in turn sent me his reply to that reply.

It’s great having such transparency from politicians and I wish far more discourse was made in public, but I do wonder whether this is the best way of securing the strongest case to put to a judge.

Andy’s (quite lengthy) statement below, I’m afraid to say, does somewhat tilt towards the truther lands of conspiracy theories, particularly over the ballot boxes and THEOs. I hope he doesn’t say that to a judge.

My personal view is they don’t have a hope on proving industrial scale electoral fraud, but if they were to focus their minds and arguments on the issue of “false statement”, ie the deliberate portrayal of John Biggs as a racist, then they have more of a chance. After all, this is what did for Phil Woolas in 2010: he breached s106 of the Representation of the People Act, which says it is an illegal practice to make a false statement about a candidate “for the purpose of affecting the return of any candidate at the election”. Funnily enough, Gerald Shamash does have experience of this: he was Woolas’s solicitor.

Anyway, here’s Andy’s reply to John’s reply from Wednesday (and for what it’s worth, you have to admire Andy and the others for putting their money where others’ mouths are by fighting this):

Andy Erlam

Andy Erlam

I find it incredible that John Biggs continues to disbelieve that there may have been an industrial-scale fraud in the Mayoral and Local Council elections on 22nd May, despite mounting of evidence which is steadily accumulating and being turned into statements fit for the court, which is in itself a massive task. Respectfully, I look forward to receiving John’s own promised statement please at the very earliest opportunity, namely this Sunday. It is the least he can do in the circumstances.  

If true, the irregularities are so extensive that a scrutiny will show that the election results can not be relied upon and that a new election for Mayor will have to be held. Where that leaves the local election results is unknown legal territory. It is interesting that the Tower Hamlets Labour Group in the Council has been silent on the subject of the Petition.

Incidentally, there was an important error in my original article. It should have read: “I estimate that between 10,000 and 15,000 votes were forged or affected by intimidation across the Borough in the Mayoral and council elections.”

Is this a “wild” allegation?  We know from Tower Hamlets First sources that each THF candidate was ordered to each obtain 250 postal votes by fair means or foul. Guess which technique was most used?

The reports and statements that we have so far received show that there were very many illegal practices with postal votes across the Borough. I mean bullying, stealing postal ballot papers and opening completed postal ballots, re-sealing envelopes and posting.

Added to that we know from the work of Andrew Gilligan and our own informants that postal ballot applications were made for people not in the UK at the time and for ghost voters who don’t exist. 

Furthermore, there are reliable reports of crowds of THF activists systematically intimidating some voters, mostly Bangladeshi Brits, outside many and possibly most polling stations throughout election day.

There are also numerous reports of people, Bengali women in particular, being accompanied, bullied and intimidated to vote for Mayor Rahman and THF.

Even more allegations have now emerged about the use of council resources and staff in the election by THF and even the illegal access to voters’ private mobile numbers from council records.

At the same time, the police and polling station staff were unable or unwilling to control the situation. It is also alleged that the vast majority of Imans in the Borough told their flocks that to vote other than for Lutfur and THF would be “Un-Islamic”, which if proved is an illegal act.

The stream of allegations is endless and, in fact, the stream is turning into a river and the river a torrent.

John was at the count. Can he have failed to notice the hundreds of THF supporters, the chaotic conditions, the delays and the hugely varying figures in the votes counted in some wards, always changing the results from Labour to favour THF? Did he not see Mayor Rahman take control of the local council counts, often over-rulling the hapless John Williams, who was effectively humiliated as the Returning Officer. This was not chaos, it was organised chaos.

It doesn’t end there. Tower Hamlets Council refuses to answer Freedom of Information requests about the ballot boxes, on the false claim that Returning Officers are not subject to the Freedom of Information Act. The Information Commissioner doesn’t agree, but Tower Hamlets is desperately playing for time.

So LBTH won’t say where the ballot boxes were stored from the close of polls, how they were transported, by whom and whether they were guarded by the police. The lack of transparency and respect for the law of the country beggars belief, but it’s not new and it’s now getting more and more irrational in Tower Hamlets Council.

That leaves rumours to run wild. Some allege that the Theos accompanied the ballot boxes. These Tower Hamlets Enforcement Officers accountable to the Mayor, (the Mayor’s “private army of LBTH policemen”), are not impartial and, if true, their role in the election would be yet another deeply worrying matter. The council is also refusing to say exactly where in the town hall the ballot boxes were stored and whether the rooms were locked and if so, who had access via the swipe cards.

Further concerns have also emerged recently about the robustness of the police investigation currently taking place. It is known that suspected fraudulent votes have not been forwarded to the police and that complaints made to the police have not been followed up. Furthermore, even the very serious allegation that a car-load of postal ballot papers was discovered by the police seems to be being talked away by investigating police, incredible as it may seem. Andrew Gilligan reported that the car bootfull of forms were completed and has verified this fact but the policeman leading the investigations claims that the forms were blank and thus no criminal offences had been committed. It appears that the police are involved in a cover-up whether by inefficiency or worse. Was Andrew Gilligan wrong about Iraq?

And what is the Electoral Commission doing with its near £16 million budget?  Disgracefully, it is looking the other way when it comes to Tower Hamlets. 

John refers to accepting unpleasant results in a democracy. His comparison of Rahman with Thatcher is wholly inappropriate. A far better comparison is with the 2004 US Presidential Election which we now know had very extensive corruption that changed the course of American and indirectly international history. Ironically, Kerry was also a good looser.

The point is that if you live in Tower Hamlets, you don’t live in a democracy. How confident can we be that our votes in the next General Election will be respected? Given the likelihood of a very close General Election contest in 2015, this is of huge significance nationally.

One last point, the very big losers in the catastrophic Mayoral and local elections of 2014 are the Banglashi-Brits in Tower Hamlets. Culture, language, literacy problems, the community power structures, poor housing and difficult individual situations mean that the population is very vulnerable to bullying, intimidation and financial and other pressures. Tower Hamlets First does not represent the Bangali population, as it claims. It is a small clique, like any other, seeking power for its’ own reasons.

Lutfur was a Labour man and wants to be one again. He is a politician bred in the Labour Movement of East London. Presumably he knows a lot of what has happened over the years – the compromises and the errors of Labour and in the forthcoming trial much will come out.

Mayor Rahman, whom I’ve never met and have no personal opinion about, claims many good policies and achievements. Whether these are accurate or not, I can not judge. But what I do know is that the means never ever justifies the end and that, if morality is cast aside, the means become the end.

There needs to be a revolution in politics in the East End. Political corruption has been seen as the norm here for decades. But corruption is not normal. Nor is it unique to Tower Hamlets, it’s just that irregularities here have been so extensive and so arrogantly displayed that, this time, things have gone too far.  

John Biggs knows perfectly well, although he would prefer otherwise, that Gerald Shamash, the Labour Party solicitor, is no longer our solicitor and that Gavin Miller is no longer our barrister and that Francis Hoar is. We do not wish to comment on this decision.

There are two points of principle here. We will not allow any donor, however large, to steer the Petition, nor will we allow any political party to pull the strings.

Given that John Biggs is the likely beneficiary of a re-election, as things stand, I’m surprised that he describes the Election Petitioners as “mavericks”. The dictionary definition of a maverick is: “an independent individual who does not go along with a group or party.” I guess I and the 3 other Petitioners, Azmal Hussain, Debbie Simone and Angela Moffat, will willingly plead guilty to that charge. Only with massive support from the good people of Tower Hamlets can we change the area for good. Further specific allegations must be sent very urgently to us to help us all win the case.

Andy Erlam

Tower Hamlets Election Petitioner

(Personal Capacity)

andyerlam@ymail.com

And here’s John’s reply:

John Biggs

John Biggs

Everything that Andy Erlam says about the election may be true but that doesn’t mean that it is true or that if it is true it is possible to prove that it is true in a court without sufficient evidence. But I am encouraging anyone with evidence of abuses to share this with the petitioners because theirs is a very serious series of allegations and must be properly examined. I am pleased the petition has been lodged in order that the allegations, widely believed to be true, can be examined.

I will be making my experiences known and will make a statement, particularly but not just looking at the allegations of racism levelled against me which I believe were deliberately invented to try to polarise opinion and particularly to encourage BAME voters to back Lutfur Rahman by spreading misinformation. This action was dishonest but also it was an action without principle or regard to the responsibility local politicians have to encourage and foster good relations.

I believe too that there were multiple abuses. But unlike Andy I do not believe in shooting from the hip without making statements that can be shown to be true. And I am also sensitive to the deep sense of victimhood that Lutfur Rahman likes to foster and which allegations without sufficient evidence will nourish. That will be no good for the East End.

In common with Andy, I do believe that the current mayor is bad news for East London. His inward looking culture rooted in patronage says nothing to the future and creates a vacuum while urgent leadership is needed. But I think he will ultimately be defeated by the proper and measured use of evidence and truth.

I do hope the petition leads to a thorough and good hearing and I do believe the result was improperly influenced and manipulated but in order for the truth to be found there must be more light and less heat. There must be a risk that an alternative tactic will achieve the opposite result to that it intends.

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A few weeks ago, Andy Erlam, who stood and lost in Bow East for his Red Flag Ant-Corruption Party in May, launched an Election Petition challenging the result for the directly elected mayor poll.

That petition is being backed by a number of people from various parties and is currently going through the early court processes. The petitioners are having to do the very hard legwork of amassing evidence to present to a judge who must make a decision on whether there is a case to answer.

Yesterday, Andy wrote an open letter to John Biggs asking for him to “publicly back” the petition. Hitherto, John has welcomed the petition and the chance it might give to clear the air.

Andy copied me and other journalists into his open letter. It’s below. You’ll see he says this:

I estimate that between 10,000 and 15,000 votes were forged or affected by intimidation across the Borough in the Mayoral election

I asked him for examples of the evidence he’d gathered to back up that claim. He said that wasn’t possible at this stage because he wanted to protect people’s identities. So I asked him to provide the calculations behind his estimate and how he extrapolated to that number. He still hasn’t answered.

My personal view is that he risks looking silly. The figure of 15,0000 is huge: he’s saying that up to 40 per cent of the 37,000 votes for Lutfur Rahman were as a result of fraud or forgery. That really would be Mugabe-land. It’s also a bit of an insult to Lutfur’s electorate. Well, a bit more than a bit.

Anyway, the open letter has prompted a reply from John Biggs. In it, he uses his strongest language yet.

He, too, feels some of Andy’s claims might be somewhat outlandish, but he strongly believes the election was “bent”.

John goes beyond his previously stated belief that there was widespread postal vote fraud. He now also believes there could have been “organised fraud” in the counting of votes.

He does not state how, but I understand the allegation is this: counters deliberately undercounted John’s votes and over-counted Lutfur’s. Counters count the votes in bundles of 50. The belief is that some counters counted to say 47 or 48 for Lutfur’s votes and bundled them up into a pile of 50; meanwhile, the counters would count to say 52 or 53 for every 50 of John’s votes. So Lutfur’s piles of 50 votes overstated his true position, while John’s understated his. Or so the allegation goes. I understand that some counters were called up on this by party agents and other representatives on the night.

John, in his letter, also confirms he’ll cooperate fully with the petition and appear as a witness.

Here are the two letters.

Dear John,

I am writing to you to ask you to this week publicly back the Tower Hamlets Election Petition that was launched on Friday 13th June.

As you know, there is very deep concern in the community about the legitimacy of the Mayoral and local council elections held on 22nd May and the subsequent chaotic count.  I do understand and admire the fact that you have been a “good loser” in the contest which you were said to have lost by 3,500 votes.

However, there is a growing mountain of evidence which points to the fact that you did not lose, because the election was grossly corrupted by industrial-scale irregularities ranging from “ghost voters”, multiple voting, intimidation at the polling station, the stealing, forgery of postal votes on a massive scale and deliberate miscounting of votes.

On the basis of reports received by me to date, I estimate that between 10,000 and 15,000 votes were forged or affected by intimidation across the Borough in the Mayoral election.

If so, had the election been honest and managed properly, I believe that you would have won by a substantial majority.

As regards the count, the only issue in my mind is whether the chaos was just chaos or whether it was organised chaos.  In 40 years in politics observing elections and counts, including a stint as an official EU International Election Observer in South Africa in 1994, I have never seen such intimidation, corruption and deception in an election and count.  

Furthermore, the Council refuses to say where it held the ballot boxes following the election and a whole series of corrupt ballot papers have been kept from the police. I am now convinced that the current police investigation into cases where there have been arrests is not serious and that the police are simply going through the motions of investigating election fraud.

So the point is, that it is not John Biggs who is the real looser in Tower Hamlets, it is the whole voting population who have been cheated of a fair and democratic election and as such face next year’s General Election with absolutely no confidence that their vote will be honestly and fairly handled. If you continue to sit on the fence, this golden opportunity to clean up Tower Hamlets politics once and for all will be lost. People look to community leaders like you to show a lead when times are tough. Tower Hamlets is not presently a democracy area of Britain.

As you know, 4 individual voters have stuck their necks out for you in launching this Election Petition. We are free from political party influence and have no motive except to see justice down. Now is the time for John Biggs to stick his neck out for us and for Tower Hamlets.

I hope that you will be able to issue a statement this week publicly backing the Election Petition and urging all Labour Party members and all voters to make statements on irregularities that can be used in court. This open letter is designed to open up the debate much further.

Yours sincerely,
Andy Erlam.

 

And this is John Biggs’s reply:

Dear Andy,

I was very busy yesterday and only became aware of your letter when two of the media outlets to whom you had forwarded it asked for my comments! I am therefore replying on the assumption that you will share this reply with the media (and am pre-emptively copying it to one outlet).  This is an important matter and so my reply is quite lengthy, with no apology to those seeking sound-bites.

My position is as follows:

I am a democrat and accept that the result announced by the Returning Officer must be treated as the proper result unless and until it is proved otherwise. To not do so would throw the foundations of democracy into dispute. However, I accept that there is a very widespread unhappiness with the election.

One needs however to be careful and to disentangle the strong antipathy that Mayor Rahman attracts from large sections of the electorate from underlying anxieties about whether the election was fair. By recent analogy, many people of our generation will recall that Margaret Thatcher was massively unpopular and polarising to many people but that she still legitimately won elections. The election, and administration, have both in my view been unhealthily polarising but we must disentangle that from anxieties about whether the election was fair. It is important to make that point.

You raise very serious concerns about the election, which have also been raised by others. My position is that I share most of these. I believe that there was a considerable amount of election fraud, principally but not only centred around the manipulation of postal votes. I am less persuaded about the allegations of intimidation, although conduct around, and in, polling stations was a disgrace.

This feeds however into the next point, which is that, separate from the comprehensive breach of the ‘election protocol’ by one party, conduct at polling stations being just one example of this, the administration of the election, both the management of polling stations and of the count, fell far short of being well-organised. I believe that we may also find that there was organised fraud in the counting of votes, albeit by a minority of those involved. All of these things need to be tested, with evidence. Without evidence they remain mere beliefs.
 
I am also angry about the smear tactics used in the campaign, by the Mayor’s supporters (and by nobody else), against me, as the only serious challenger to the incumbent. Specifically, I am not a racist and I was disgusted by the unprincipled use of this claim to try to polarise opinion and to secure support for the Mayor as a perpetual victim. Life does need to move on from this form of politics and if redress is available by showing that the result was improperly influenced by this claim, knowing it was false, then it should be available.  
 
In other words I think there are comprehensive concerns, and I have shared these, as have other Labour members, with the police, the electoral commission, the council, the media, with yourself and your fellow petitioners and with your legal representative, Gerald Shamash.
 
You ask if I will ‘stick my neck out for us and for Tower Hamlets’. You need to understand that we must respect and work with our democracy and not make wild claims that will damage good community relations and which do not respect the proper democratic will of voters. However, there are continuing widespread concerns, and, short of criminal sanctions, an election court is the only way to test these concerns and I welcome you and your fellow petitioners in making this challenge. I will do all that I can to ensure that the case is properly considered, including making statements, appearing as a witness as necessary, and working with your legal team, and I will do all that I can to ensure that it is, and to encourage others to support you.  I will do so in a way that is respectful of all the people of our borough.
 
There are two final points, which are that to succeed your petition must be supported by an adequate legal team, and that the partnership you seek with me and others needs to be a real one and not a maverick campaign, as it will otherwise fail. Your claims must be based on evidence which can be persuasive in an election court. You need therefore to use a serious legal team which inspires confidence and encourages others to come forwards, and you, working equally with your other three petitioners, must be open and clear with the people of Tower Hamlets, and respectful of all parts of our community, in making your claim. If you do these things, you will attract support and the likelihood that the truth  will be known.
 
John Biggs

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The investigations are piling up in Tower Hamlets. Today, The Times reported on its front page that:

Britain’s first directly elected Muslim mayor has been accused in the High Court of involvement in electoral fraud and illegally smearing an opponent.

Groups of people were paid to gather outside polling stations and persuade voters to back Lutfur Rahman on election day last month in Tower Hamlets, east London, an election petition claims.

The mayor’s supporters are accused of canvassing inside polling stations and accompanying voters to booths where they left election material urging people to vote for him, according to the petition.

Mr Rahman, who was born in Bangladesh, or his team cast postal and other votes in the names of people who were not entitled to be on the electoral roll, and acquired voting papers that they completed in favour of the mayor, the documents claim. If proven, the actions would be against electoral law.

The court documents allege that corrupt or illegal practices were so prevalent that they affected the result of the election. Mr Rahman, an independent social democrat, was the first directly elected mayor of Tower Hamlets in 2010, winning 52 per cent of the vote. Last month he won re-election in a closer contest, where he received 43 per cent of first-preference votes but beat Labour by 37,000 to 34,000 when second preferences were included.

If the petition is successful, the mayor faces a rerun of the poll. He could be banned from holding office if the High Court finds evidence of electoral mispractice by him. His agent condemned the petition as a waste of time and money. Gerald Shamash, the Labour party’s national solicitor, has been hired by the petitioners, a cross-party selection of local voters.

The petition claims that the Labour mayoral candidate, John Biggs, was wrongly smeared as a racist during the campaign. Deliberately making false statements about an opponent’s character is against election law. Mr Biggs, who is white, was accused of racism for saying that Mr Rahman’s primary focus was the Bangladeshi community.

The Labour candidate, a senior member of the London Assembly and former leader of Tower Hamlets council, said last night: “I was distressed by the accusations, which have no foundation. They were part of a cynical campaign to try to polarise community opinion.”

John Williams, the returning officer for the mayoral election, is also named on the petition in relation to separate allegations. The complainants blame him or his officials for allegedly letting Mr Rahman’s supporters enter polling stations, where they are accused of canvassing voters, accompanying them into polling booths and leaving campaign material around the booths.

It is alleged that the count was impeded by the large number of Mr Rahman’s supporters who attended.

Mr Williams said that the toughest measures were put in place at the election. He said that 84 allegations were passed to police. In most cases no evidence was found but eight were still under investigation.

The petitioners are Andy Erlam, an anti-corruption candidate, Debbie Simone, a Labour candidate who lost her seat by 28 votes, Azmel Hussain, a Labour supporter, and Angela Moffat, a Ukip supporter. The High Court is being asked to break the seals of the ballot boxes to check that votes were correctly cast and counted. A source said that Labour was not party to the petition but did not oppose it.

Mr Rahman’s agent, Alibor Choudhury, said: “All candidates in the mayoral election accept the results. The returning officer and the police pursue all allegations and complaints reported to them. This petition challenging the results does not raise any new issues or evidence.”

The court documents can be read in detail here:

On Iain Dale’s LBC radio show tonight, John Biggs said he supported the petition. Peter Golds, the Tory opposition leader, has made a small contribution to the petition’s legal fighting fund.

The petition has now been served on the Mayor, the Director of Public Prosecutions and the Returning Officer; the petitioner’s must now apply to the court to fix a date with an election judge within 28 days.

If a hearing is granted, the first thing that will be asked for, as I understand it, is a recount and new scrutiny over the vote.

Again as I understand it, the allegations of corrupt electoral practices also apply to Lutfur’s agent, Alibor Choudhury. If proved against Lutfur himself, he faces being removed from office. If only against Alibor, then we face a rerun of the election. Alibor and Lutfur strongly deny any corrupt practices.

The other interesting deadline looming is the submission of election expenses by the various parties on June 26. During the campaign, Labour raised collective eyebrows about how well funded Lutfur’s machine was. But I’m sure Lutfur’s submission will suggest his expenditure was within the limits.

This is going to be a busy month for Lutfur and Tower Hamlets. The by election in Blackwall and Cubitt Town is preoccupying the political parties, but there are also various investigations that have the potential to build a head of steam, or running out of puff.

Here are just the ones I can think of:

  • Election petition
  • various criminal investigations into alleged electoral fraud
  • complaints to the police about using ‘fake’ addresses on nomination forms (thoroughly recommend this piece by Andrew Gilligan on Sunday, which refers to Kabir Ahmed, among others)
  • Review by Electoral Commission into the May 22 counting shambles
  • Interim or final report by the PwC auditors ordered in by Eric Pickles last month (deadline June 30)
  • Criminal investigation by the Information Commissioner’s Office into the so-called Panorama “whistleblower”

Arch-villain or superhero? Lex Luther or SuperRahman? Take your pick.

If anyone spots orders for Teflon and Kryptonite in the next set of Tower Hamlets supplier payments, you’ll know why.

250px-Luthor_bright

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This is a guest post by former Labour councillor Carlo Gibbs, who was defeated in the St Peter’s ward on May 22. He was Labour’s spokesman for finance until then and is married to serving Labour Cllr Amy Whitelock Gibbs

 

Carlo_webThoughts on defeat

So. First off we have to congratulate Lutfur and his campaign team on their victory last Thursday. Regardless of views on him, you have to accept that he secured a big victory against a strong opponent. It also has to be recognised that the people have decided through elections that were free and fair and conducted under the most intense scrutiny. This was the result and we have to accept that. While there may be complaints about intimidation at polling stations and elsewhere, and any evidence should be looked at and referred to the appropriate authorities, this would not have shifted 3500 votes towards John Biggs or 174 to me in my ward.

As always with defeat, it is a time for reflection and this is something the Labour Party now needs to do before picking itself back up and moving on. We are a national party and will never give in, there is still fight in us yet and we will continue to represent the community and promote our values with our councillors and activists. Those who have said that we’re finished are just dreaming: we’ll never be finished in the East End, and they should get used to that. While we did take a hit, there are positives that we can take. We must remember that we had over 34,000 people casting first and second preferences for us and nearly 40% of the votes in council elections, our highest share since 2002 apparently. In any other election, that would have been enough. Tower Hamlets is unique.

The fact is our campaign didn’t connect with a large enough portion of the Bangladeshi community (a third of the electorate) in a significant enough way. Those who feel Lutfur has been treated badly again outlined their support for him. This isn’t just because he is Bangladeshi; the Bangladeshi community are smarter than that, they are some of the most politically aware people in the country. It was because they, on balance, felt that he has done a good job in difficult circumstances. Many felt the attacks on his record were harsh: some acknowledged them and even agreed, but voted for him anyway as they still felt the good still outweighed the bad.

Additionally, he didn’t just receive support from the Bangladeshi community. The Labour party did receive a lot of support from that community and Lutfur must have, to make the numbers match, received support from other communities as well. While it was not as much as Labour (particularly looking at the second preferences) it was enough. No doubt the rise of UKIPs disgraceful rhetoric energised people to register their vote (for both John and Lutfur) even more.

 

John Biggs

It was disappointing to see John lose, given all he has put into the borough and the fact that he is genuinely in politics for the right reasons. The attacks on him were unfair and unjustified, but this was a political campaign and you have to expect your opponents to do whatever they can to win. This happens in the Shires as well as Tower Hamlets. There will be hundreds of people telling him why he lost and how he could have done it better (everyone is a campaign expert after elections!) but ultimately the coalition of voters he brought together, while sizable and broad, was just not big enough. Maybe now he has been defeated, those that attacked him can show some grace and again recognise his achievements in defeating the BNP in Millwall, in Barking and Dagenham and at City Hall and for the work he does to fight for resources for the East End.

The overall tactic from TH First was to try and frame every discussion through the prism of race and religion–to label every attack on Lutfur as an attack on a Bangladeshis and Muslims. They used emotive language and historical references (the Raj, Colonialism) and looked to whip up their base at every turn. It was very much from the George Galloway playbook. The idea was to paint John and the Labour party as racist, who didn’t think Bengalis could be trusted with power. It is similar to “swift boating” in American politics. Despite being a decorated war hero, John Kerry was attacked by George Bush on his war record using swift boat veterans. It was audacious and effective. The same here, the Labour party is the most representative of any party in Tower Hamlets (in terms of race, religion, gender, sexuality, disability, age and background), but was endlessly attacked for being racist.

This type of attack actually started years ago. We once attempted to change the open spaces strategy in a council meeting to limit the number of events in Victoria Park, a legitimate policy difference because we felt it was being over-used. Lutfur’s deputy, Ohid Ahmed, claimed we were only doing it because Lutfur was “Bengali”. While it may sound ridiculous, much like the ridiculous comments that come from UKIP, some people believe it…and more do the more you say it, unless it is effectively challenged. They escalated to ensuring every criticism of Lutfur was branded as being racist and then Islamophobic: they called Muslims who voted or stood against Lutfur, disgracefully, as “traitors” and “bad Muslims”. It is very similar to the tactics used by the Tea Party movement in American, where they use Christianity in this way, linking their policy beliefs to their religion and then claiming any attack on the policy is an attack on the religion, with those doing it being “anti-Christian”.

We could have challenge this more directly and call it out for what it was. Better showing how we represented all communities, including Muslims and Bengalis and the policies we proposed supported this community too. The Labour Group was and is the most representative of any of the parties in the town hall and includes many devout Muslims. We had a Bengali Group leader and a Member of Parliament. They are not fake Bengalis, traitors or bad Muslims. They are good people trying to do good work. We never opposed the faith buildings fund, mother tongue classes or the majority of grants that went to Muslim organisations. Yet the attacks continued.

However, in my view Panorama and others were too clumsy in their attempt to raise legitimate questions over his handling of the grants programme. For me, it was never the right point to suggest the grants issue was about supporting Bengali/Muslim organisations. Lutfur has cut funding to some Muslim and Bengali groups that didn’t support him. It is not to do with race or religion. He adjusted, meddled and failed to be transparent in an attempt to fund as many groups as possible in promotion of himself. That is where Panorama and others missed the point and played into their narrative. The newspaper, self-promotion, self-publicity, grants and others was all about using resources to bolster him as mayor. In that way he is a machine politician who focuses on self-preservation and every decision is a political calculation. He doesn’t do it because he’s Bengali, or Muslim, he does it because he has the power and wanted to hold on to it, in the same way someone like George Bush did as President.

The other attack was to suggest that TH Labour party is full of middle class, Blairite, student, machine politicians, characterised in Kazim Zaidi’s ignorant post on this blog last week. The main plank of our manifesto was free school meals and a pledge to build 1,000 council houses. There is nothing Left wing about having a chauffeur-driven car, selling off public art, commercialising public spaces, only building 15 council homes, using reserves to pay for advisers, charging for bulk waste, cutting advice service funding and so on. Labour “lobbyists” include people working for a range of charities, voluntary organisations, trade unions, housing providers and so on. We are not all from middle class families: my mother was a single mother who raised four children on a nurse’s salary in the Thatcher years. Most of us didn’t do student politics and some of us have views somewhere left of Tony Benn (no, not me). Kazim must have been out of the room when Lutfur was buying off people with cabinet positions in return for their support for his group leadership bid in 2008. It wasn’t about political ideology.  He probably didn’t remember that Attlee came to the East End, a middle class Oxbridge graduate, to help better the lives of the local residents.

Again, you can moan about their tactics as much as you like, but you have to expect this in politics and ensure that you counter it effectively. That’s what the Labour party needs to work on. We need to ensure that the Muslim community knows that we believe that they should be protected and free to practise their religion, which is a decent and important religion, and that they are supported with policies that benefit them in the way any other community is. That they are entitled to grants and support in the same anyone else is. We also need to challenge those who attempt to misuse Islam for their own political ends. We need to do this while ensuring that we continue to work with, and represent all other communities, and particularly those most disaffected. We need to continue to highlight that we are the most diverse and representative group and to legitimately point out their failures. For example, having just one woman in 18 councillors is pathetic in this day and age.

My result

Having been one of the main protagonists against Lutfur over the past few years, it was no surprise that I became a target of theirs and they will no doubt be glad to see the back of me. In my finance lead role I had led our budget campaigns, which caused them numerous headaches. As whip I had to orchestrate council meetings in which Lutfur genuinely looked uncomfortable when under attack. I did the enquiry that found that the council had built just 15 homes. I recently called his handling of free school meals an Omnishambles, which it was, and had various set-toos with him and Alibor Choudhury in particular (Lutfur broke his famous council silence to call me “stupid councillor” at one stage!).

I knew that would be the case in taking on the role, but I did what I could to give the Labour candidates the best chance of winning by highlighting the genuine failures of the administration. I stand by the issues of concern we picked up and I am proud that our Free School Meals campaign means this is going ahead this year (regardless of what they said, this was not in their budget and would not have happened without us pushing it). The council’s finances remain a significant concern and without our campaigns against advice service cuts, or the campaign to keep open the Rushmead One Stop Shop in Bethnal Green, or the fuss we made around the proposed redevelopment of Watts Grove, and others, we would not have got him to change his decisions. I still believe it’s wrong to waste council money in any way, when we have to strip back services and deal with cuts, and we should have been planning for how to deal with the budget cuts much earlier than now.

I did all I could in my ward campaign and I couldn’t have worked any harder to get out our vote. I polled nearly 400 votes higher than I did in 2010, taking into account boundary changes and turnout this is still an increase of around 30%, which I can take some heart from. Ultimately, we underestimated was the level of which the Mayoral vote would cross over to the TH First council candidates, which ultimately did for us and many of the other Labour candidates. I had known for a while that there was a concerted effort from them in my ward and their canvassers had been busy raising hundreds of enquires for residents over the past year. While we ran an expert traditional campaign (door knocking and voter identification) they had mastered the informal community network campaign and were disciplined in turning it out, particularly through postal votes where they always excel (regardless of their faux pretence otherwise).

Overall, I believe that you need to accept defeat graciously and I have looked to do that since the result in my ward was clear. I congratulated Lutfur, as well as the St Peter’s Tower Hamlets First candidates. In my view there is no point getting angry, saying we woz robbed or claiming foul play: you have to accept the results and move on. I always thought Muhammad Ali said it best: “I never thought of losing, but now that I have the only thing is to do it right. That’s my obligation to all the people that believe in me. We all need to take defeats in life”.

I stayed at the count as long as it was going (yes until the Tuesday!) to ensure that I could commiserate other colleagues that lost and to cheer those that won. The Labour party is a family and it’s good to be around for people in the good times and bad.

 

The count

It was a shambles. I have no idea why it took two hours to submit people initially, eight hours to verify the mayoral, another six to count it (including two hours to check challenged ballot papers) I have no idea why they asked all 200 or so candidates for their opinions on whether to go straight into the council counting at 3am (at one point at around 8am a member of the count team actually fell asleep while tallying!). Count totals varied significantly from one to the next with candidates in close races winning after some counts and losing after others, no wonder tension was high. I have no idea why some count staff were sat around idle for a lot of the time. I have no idea why ballot papers and counting sheets were left on tables often unsupervised. Having finally decided to finish the counting on Sunday I have no idea why they chose 2pm as the start time and didn’t even have the hall ready until after 3pm. It has to be accepted that what happened needs to be looked into. A high turnout, close results and a lot of challenge should have been expected. That said I have lot of respect for Returning Officer John Williams and his deputy Louise Stamp and I am sure that they are just as unhappy with how it went as everyone else. Even though it was shambolic there is no question in my view that the results for the mayoral or in my ward were wrong (after the recount not the first count which was way off!!), they we just late.

 

Moving on

So where do we go from here? First of all, I think leadership is needed on both sides to de-escalate the worrying tension that has built up between groups and in the community. The past few years and the campaign were often fought in the prism of race and, more recently religion, and this has created division and tension that can be exploited if it is not healed. It is no use either side saying it is the other’s fault and continue throwing slurs back and forth: the sensible majority on either side need to step back, seek to temper their language and either calm or disassociate themselves with those that continue to go too far. While the banner of One Tower Hamlets and One East End are often used, in reality there is a polarisation in the community and it is incumbent on all people elected or otherwise to work together to reduce this. It is not good enough to just talk about it, it needs action. We need a better understanding of each other and to not allow differences to become divisions. There needs to be more trust and less suspicion, but this will take time. Some people want this division for their own ends and they will continue to fight on these grounds. These people need to be challenged by the moderate majority on both sides. It is an incredibly difficult thing to judge, but it is imperative we try. Writing blogs suggesting “a civil war will spill out into the streets”, as Kazim Zaidi did here for example, is exactly the kind of inflammatory rhetoric that the sensible majority should seek to temper. Smarter and more thoughtful language is needed.

During the campaign, I spoke to a Jamaican immigrant who was voting UKIP. He was adamant that the Labour Party “only looked after Muslims” (what would TH First make of that!) and that even I was “a latino”. Yes really. He seemed bemused when I explained in my Home Counties accent that I was actually from Cambridge. But a Jamaican immigrant not voting for a white man with an Italian name because he thinks he only represents the Muslim community, and instead voting for a party whose main focus is to restrict immigration, something he himself had benefitted from in the past, is evidence that there are issues that need addressing which go beyond whether you like Lutfur Rahman or not.

 

Readmitted?

The calls are already starting for Lutfur to be readmitted to the Labour party, but that is difficult to reconcile with the election they have just fought against the Labour party and its people. Lutfur and his team have thrown allegations of racism and other things at Labour Councillors and candidates and the suggestion that they will forgive and forget within a week or so is unrealistic. He, as the leader, presided over some outrageous behaviour that was public (The KKK and Blackshirts comments by TH First candidates to name but two) and much more in private. Emotions are still raw and the heat of the election is yet to cool. Suggesting it is likely to anger those that have fought hard campaigns and likely to push them toward rejecting any advances more vehemently.

Additionally, while Lutfur may have won the election, a large portion of the electorate (including about 80% of second preferences) voted against him and Labour secured the most votes of any party in the council elections; much of this was in opposition to Lutfur. These people would not want to see the councillors they just elected in opposition to him, become yet another coalition they didn’t vote for.

The tactics of their campaign are not ones that any mainstream political party would accept. Even UKIP throw people out when they make outrageous comments. Not TH First.

The other issue rightly pointed out by Ted here is the question of his councillors as well. Regardless of what people say of Lutfur, most of his councillors are not from a Labour background (despite what they may pretend) and do not have the values of the Labour party (just look at what their councillors have been saying publically about Rushanara’s vote for gay marriage!) If, for example, all 18 of Lutfur’s councillors were admitted with him it would also send a terrible signal (ie stand for whoever you want and if you win Labour will just accept you anyway!) and cause a great deal of resentment for the current group who stayed loyal and fought hard to win their seats and lost colleagues (who were Labour through and through). In that regard having such a big group may actually now make it more difficult for Lutfur to ever be accepted.

 

Where next?

So where do we go on that basis? For the Labour Group the first thing it needs (in my opinion, I have no say now!) to decide on its leadership team and begin discussions over the composition of the council’s committees and scrutiny panel as the largest party. They would do well to select a leader and deputy that understand it is now peacetime, who can de-escalate the tension between the groups, open up channels of communication and begin the process of renewal (as Sun Zu says, “There is no instance of a country having benefited from prolonged warfare.”) Someone who can understand that fighting in the town hall is an energy and time-sapping endeavour (and quite often entirely fruitless) and that the whole group needs to be set up to focus on working in the community.

Lutfur would do well leaving them to it and let the Labour party set up as the official opposition and form the scrutiny committee. This would help to show the community he is happy to be scrutinised fairly and give those that didn’t vote for him the confidence there is oversight of the Mayor. Which will also reduce some tensions. A strong scrutiny panel will also help him in the coming years when the money gets very tight. There have been some great scrutiny reviews that have added real value to the council in the last four years and more of this can only be of benefit to him and the council. He should also not be insulted or defensive if the decision is taken not to go in his cabinet. Again, for the reasons set out above, the election is still raw. He has his team that he selected and got elected to serve with him, to deliver the manifesto he stood on. It’s also not the Labour party’s job to bring equality to a cabinet that would otherwise have nothing of the sort. But that does not mean that they should not be constructive, and regular discussions should take place between him and the Labour leadership.

Labour can offer to discuss the urgent need to review the constitution (and potentially committees too) to ensure it is fit for purpose. There also needs to be a process set up for the appointment of permanent chief officers (and in my view a permanent CEO). As this is reserved to full council, it should be done following discussions between the two groups who should decide on a process and stick to it. Another four years of instability is good for no-one. A few years back, I, along with Cllrs Whitelock Gibbs, Peck and Francis, got agreement from Labour Group to establish a formal process of how it would work with Lutfur on key issues like this, but he failed to respond to the invitation (dismissing olive branches like that that did him no favours with moderates in group!) It may be useful for Labour Group to dust it off and reissue the invite.

Why should Lutfur do this and not just carry on as before? I’m sure he has people telling him to continue to ignore Labour and stick them at every turn and just keep pushing to get everything he wants. But he is going to have to lead the council through the most horrendous of cuts in the coming years as well as managing some significant changes and the impact of the cuts. He himself needs the space for his administration to deal with this and a de-escalation of tension will free up his time and energy do just that. If every council vote and issue isn’t fraught and on a knife edge, and issues are discussed and resolve constructively, his energies can be deployed on doing that job. Fair and constructive scrutiny from the Labour Group will help this. That would be for the good of the whole community. He also talks about wanting to be constructive; it’s a good chance to prove that he means it.

 

Blackwall

There is also the Blackwall and Cubitt Town by-election to consider, which will be a tough fight. While TH First will be buoyed by their results and are preparing to throw everything at it, realistically, I think our candidates have the best chance of taking the seats from the Tories after stealing a march on them in their Island stronghold. Making further ground here would send out a strong message ahead of the general election. While the party is a bit bruised, there is a lot of fight left and, from the conversations I have had, our members and our candidates are really geared up for it.

How TH First respond to this will be interesting. It is hard for them to call for reconciliation at the same time as fielding candidates that attack Labour, particularly if it is as ferociously as during the mayoral campaign. A hard campaign against Labour would drive a further wedge between groups (and surely kill of any last hope of re-admittance – nothing says I want to come back to the Labour party like standing against it in elections!) They could only ever end up on 21 seats, still short of a majority or, more likely, see the Tories pick them up.

If Lutfur were serious about wanting to come back to the party the clever thing to do would be to support the Labour Candidates in Blackwall, and then come out in full support of Jim Fitzpatrick and Rushanara for the general election. Could they ignore that? I never understood why he didn’t just do that for the original Spitalfields by-election. His support for Respect in numerous by-elections lost him the support of many who use to be more favourable to him.

 

Je ne regrette rien?

In politics it is also easy to look back and regret decisions. Should I have knocked on more doors, or said this and that, particularly if elections are close? But I have tried to do what I felt was right and worked incredibly hard. My only regret would be that I fell out with friends because of some of the approaches I took and decisions I made. Realistically, life outside of politics is more important than politics itself. Anwar Khan said to me at the count that sometimes people in politics turn into someone they never thought they would be. Maybe that happened to me a little and defeat now is the best thing for me to get back some perspective.

 

What will I do next?

I have been overwhelmed by the messages of support and thanks from residents, activists, council staff and others. I will miss being a councillor (some bits of it at least!) I don’t know what I will be doing from now on, but I want to continue helping people that need the most help. Defeat is only temporary, and it will be for me too. Maybe I’ll become a regular Trial By Jeory blogger! In the meantime I’ll be on the doors in Blackwall, there are Tories to defeat.

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The Count

WHEN even the Great David Dimbleby starts sighing live on the BBC about a “shambles” in the Muppet land of Tower Hamlets, we know we have a problem.

The Guardian journalist James Ball tweeted in the early hours of this morning: “There’s always one. And it’s always f***ing Tower f***ing Hamlets.”

Martin Schulz, the president of the European Parliament was understood to be irritated.

Today, broadcaster Iain Dale devoted an hour of his LBC radio programme to it.

Delaying the results of the European Parliament elections by five hours last night wasn’t the best of PR moves.

A borough that had already been branded by some as a byword for sleaze is now (perhaps a little unfairly) a byword for incompetence.

If Eric Pickles was in need of any extra camouflage for a form of intervention when the PwC auditors hand him their report by June 30, he now has it.

There will be many reasons for the counting shambles of the past few days, but the most basic is that we have a dysfunctional local authority at a political level.

John Williams, by day the head of democratic services at Tower Hamlets (a job in which he largely excels, given the circumstances), is a very decent and straightforward man.

But I’m not sure he was the most senior employee available to act as Returning Officer.

My understanding is that he was thrust into the role because other more qualified individuals may have ducked the job or could not be trusted by some of the political parties.

And the reason the parties felt they couldn’t trust some of these candidates is because of previous political shambles.

The chaos and dysfunctionality that some of us have been writing about for years manifested themselves right at the heart of the democratic process at the weekend.

Clearly, we are now at a point where serious action is needed.

Which brings us back to the election and the results.

Maybe the words spoken in the aftermath of election war aren’t the best guide to future thinking, but they can reveal innermost thoughts.

At his press conference in the early hours of Friday morning, Mayor Lutfur declined to say John Biggs wasn’t a racist. I think that was a mistake and perhaps Lutfur also knows this.

Some time later, he tweeted this to John:

 I extend my thanks to ‪@johnbiggs4mayor for the work he put into his campaign and hope we can work together to better Tower Hamlets.

 John replied:

‪@MayorLutfur I am happy to repeat best wishes & offer support for nxt 4 yrs. Non-sectarian partnership always possible.

This was conciliatory and professional.

John, having been baited by Lutfur’s supporters, also tweeted these messages over the weekend:

3 tweets: 1 Thanks for the support. Pleased many know I’m a good guy. Not a racist. Proud to be here and of what we have achieved together.

2. & I don’t mind the abuse – it helps understand the polarised, dishonest, and often quite racist thinking behind the Mayors party.

3. Finally most of us in East End want to live together. We must continue to fight those who try to divide us. From right, or pretend left.

The more learned in Lutfur’s camp believe John was wrong to react to the thugs, but I disagree. I think he was quite right to take them on and he probably should have done so in similar language during his election campaign.

A worrying race-fuelled frenzy was whipped up by the Tower Hamlets First campaign. In the same way they believe the EDL came banging on the borough’s doors due to errant words and inaccurate labelling, they must now recognise similar dangers by their own words.

The mayoral election result and the campaign that went with it underlined the racial divisions in the borough. I’m fairly sure they’re mainly at the political level at the moment, but there’s a serious risk of that becoming part of a wider mindset.

Community cohesion, a phrase that has for so long been associated with Whitehallspeak, now has to take on real meaning.

Even many in Lutfur’s own camp, and in the Bengali media, recognise his victory was too narrowly based. He has a strong mandate, but mainly from one community. His Tower Hamlets First group has, at the time of writing, 18 councillors, all of them Bengali, 17 of them men. Just one woman.

He now has to show he can truly lead for the whole borough.

So how does he do that when there are so many dynamics at play?

 

My greatest criticism of Lutfur in his last term were his disregard for scrutiny and an insecure appetite for trappings of power.

With a bigger group behind him in council, I suspect we’ll see him become more confident and address some of these criticisms. In the council chamber, I think he’ll start to take more questions and I suspect he’ll ditch the chauffeured Merc and hire an eco car instead.

And wouldn’t it be lovely if he issued a call for reconciliation, a plea for everyone to work together to draw the poison from Tower Hamlets politics? He could ask Labour to supply members to his cabinet, he could form a group of resident advisors to act as a monthly sounding board; he could have public question times every six months.

But I think his overriding desire for readmission to the Labour party (on his terms) will drive him more than anything else. On Channel S TV tonight he said his door is open to the Labour group if they would like to cooperate.

He has a cabinet to pick by June 11, the date of the Annual meeting of the council. I’m sure he’d love to have the likes of David Edgar and Marc Francis serve with him, and quite possibly Rachael Saunders.

Whether Labour would allow that so soon after the election is doubtful. Personally, I think they should just get on with it and give him a go. Nothing wrong with a trial period.

But what would be Lutfur’s price…and also the cost to him?

He has a much larger group to please now, including a certain Abjol Miah, the former IFE-aligned Respect leader, who doesn’t have the best track record when it comes to getting along with party colleagues. Those who served with him in Respect remember him as a rather malign influence in group meetings, someone who shouted at women members. Personally, I’ve always found him courteous, but there’s certainly a risk he could cause internal trouble for the mayor: I understand they’re not best buddies.

Lutfur could of course try to do what Sir Robin Wales is said to do in Newham and placate his group with artificial new committee/advisory positions that pay generous allowances. But because he doesn’t have a controlling majority of 23 councillors, that might be tricky.

Some Labour members might defect of course; but then again, those who lose out under Lutfur may be dangled a destabilising carrot back into the Labour stable.

So among the soft and fuzzy ideas of peace, a complex and hard-nosed game of realpolitik poker is about to be played.

On Lutfur’s side, he has many cards to play. He’s shown what a superb grassroots organiser he can be and he’s devastated Labour while even using many of their policies for his campaigning. What now worries them is whether he can suck in more of their councillors and whether he can mobilise his support in next year’s general election against Jim Fitzpatrick and Rushanara Ali.

His sole female councillor, Rabina Khan, is said to be keen to take on Rushanara in Bethnal Green and Bow. That would be a close fight. In Poplar and Limehouse, Jim is probably safer, but the danger is there. Lutfur could offer to call off this potential war in return for his re-admittance, but he would no doubt demand all his councillors go with him. I think that would be too much for Labour to stomach. Could Lutfur agree on a certain number going with him? I doubt it; he’d be branded a traitor by the rump.

On the other hand, Lutfur may also overestimate his own victory. He’s very popular personally among Bengalis but his success was also due to a collective Bengali ‘patriotism’: many voted for him, not necessarily because they thought he was particularly good, but because they felt he had been wronged and he was fighting a non-Bengali in John Biggs. Had Labour fielded a popular Bengali in Biggs’s place, the story might be different today.

Labour’s post-mortem on its defeat is going to be painful. Next week, they have to elect their new group leader and this will give us an indication on their thinking.

But here’s one last thought. In a recent pamphlet of essays from the think tank, Demos, Max Wind-Cowie, a policy wonk, suggested Tower Hamlets was now so dysfunctional that it should be abolished as a local authority. He said it could be absorbed in parts by neighbouring Hackney and Newham.

I’m not sure Jules Pipe or Robin Wales would be thrilled at that prospect, but is there some merit in that kind of idea?

After all, Tower Hamlets as an authority is a fairly artificial entity, having existed only since 1965. Before that we had the boroughs of Bethnal Green, Stepney and Poplar.

Former Labour councillor Kevin Morton tweeted last night that David Owen, who lives in Narrow Street in Limehouse, once suggested a London Borough of Docklands. Kevin said it was perhaps time to revive that idea…a borough that took in Canary Wharf, the Isle of Dogs and parts of Poplar and Wapping.

Perhaps not as daft as it at first sounds.

In fact, I think a certain Ken Livingstone thinks we have far too many boroughs in London. Maybe he can help drive that campaign.

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The ballot boxes at The Troxy in Limehouse have now been opened. Council officials will now start sifting through the ballot papers, rejecting any that are spoilt or invalid for other reasons.

They will announce the final turnout (with the number of postal votes added) soon after 11am.

Shortly after that, the count for the mayor begins. Council officials expect the result at about 3pm.

They’ll then have the task of counting for the councillor elections.

On turnout, Labour sources believe it’s much higher than the 25 per cent in October 2010. On that basis, they were hopeful last night. They don’t see how Lutfur Rahman can vastly increase the 23,300 votes he polled last time (which was 51 per cent of the turnout and meant he won on the first round).

If Lutfur fails to win on the first round today, then it’s difficult to see where he would pick up second preferences. His tally would then remain stable, and if he were in the lead, he would be relying on Tory and Ukip voters not giving John Biggs their second preferences.

Only a few hours until the speculation ends. I’ll update this thread as and when I can, but I may be doing more reporting on Twitter, so follow me there @tedjeory.

1245pm—still verifying ballot papers. Turnout seems high. Labour think in mid-40 per cent territory. Apparently in white middle class areas of Spitalfields, turnout at 60 per cent. That’s very encouraging for Biggs.

Seems count will now start after 2pm, result about 6pm.

A couple of pics of John Biggs at count and Lutfur’s favourite curry king Shiraj Haque.

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UPDATE 1.24pm

Change in mood in Labour camp. More despondent. They think Lutfur could win on first preferences, that his votes piling up in traditional Labour heartlands.

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Booking a holiday a week before election day was a bit silly. So what did I miss while I was away?

1. Death of Hifzur Rahman, Tower Hamlets First candidate in Blackwall and Cubitt Town

Mr Rahman’s death was announced this morning and it must be awful for his family. My condolences.

Under electoral law, this means the election for the three council candidates there has been countermanded, ie anulled. A separate by-election will be held there within 35 days. Lutfur’s aides claim some residents in the ward have been told the entire election there is off. That’s not the case: residents in that ward on the Isle of Dogs will still be able to vote in the mayoral and European Parliament polls tomorrow.

2. Labour’s Cllr Shiria Khatun cleared of electoral fraud

As I blogged here 10 days ago, she had been accused by an elderly couple in Rifle Street (in the Lansbury ward) of an offence under electoral law. The couple claimed Shiria’s husband (whose name is Lutfur Rahman) had pretended to be the mayor and taken away their blank postal vote. This account was relayed with great fanfare on Lutfur-supportinmg Bengali TV stations.

The police told me last week they’d be interviewing Shiria. It was also my understanding they’d also be examining the CCTV footage of the block where the couple live to see if Shiria or her husband had been there. I was also told the couple had been warned that any false statement could lead to their own prosecution for perverting the course of justice.

Having been in the air while today’s events unfolded, I haven’t yet got the full picture. However, Tower Hamlets Labour have issued this statement:

Police say no case to answer in allegations against Labour Councillor
– Labour call for investigation false allegations

Police in Tower Hamlets have today dismissed all allegations against Labour councillor Shiria Khatun after concluding there was no case to answer.

Labour have called upon the police to investigate public comments made by Tower Hamlets First candidates and campaigners amid concerns they had publicly made false statements about Cllr Khatun to damage her electoral chances.

Last week Cllr Khatun was falsely accused of interfering with a postal vote ballot by a supporter of Mayor Lutfur Rahman in what has been labelled by Labour as a ‘disgraceful dirty tricks’ campaign from Tower Hamlets First.

Speaking after the news came through, Cllr Shiria Khatun said: “The last week has been a living nightmare for me and my family. I cannot believe that someone would be willing to lie like this just to try and smear me ahead of the elections. Despite all this I am totally focused on fighting for every vote in tomorrow’s election so we can consign this kind of dirty politics to the past.”

A Labour Party Spokesperson, said: “We’ve got used to these kind of disgraceful dirty tricks from Lutfur Rahman’s team but this is a new low. With momentum building behind John Biggs and Labour’s campaign Rahman’s candidates are getting increasingly desperate. This kind of behaviour from Rahman’s camp gives yet another reason for people to come out and vote for Labour’s John Biggs tomorrow.”

I’ll try and find out whether there is a further police investigation into any possible false statement. I suspect there’ll be more to come on this.

3. One of Lutfur’s favourite journalists, Dave Hill of the Guardian, today wrote he would vote for John Biggs if he lived in Tower Hamlets. Dave gives his reasons here.

4. After spending some time talking to people on the doorstep on the Isle of Dogs a couple of weeks ago, it was clear very few people understood the second preference voting system used for the mayoral election. I contacted the East London Advertiser to see if they’d be explaining it and offered to write a guest column. They asked me to write it as a letter for publication instead. So this in the current issue of the ELA (how I miss my former paper!)

Letter Te

5. John Biggs yesterday issued a campaign video It’s not the most exciting and I don’t think it’ll ever set the world on fire. But it’s solid and honest. It fits in well with the theme of his campaign, that it’s time Tower Hamlets stopped making the wrong kind of headlines. It’s here:

It compares to Lutfur’s latest campaign video here (much slicker, less personal, and no words from the man himself, which is a theme of his campaign). Watch it here:

6. John Biggs has issued an eve of poll rallying call by email to the Labour database.

Dear Resident,

One day to go until Tower Hamlets votes for a better future

This has been an incredible campaign thus far with tens of thousands of people telling us they are ready for a change to how our borough is run.

For too long Tower Hamlets has drifted, missing golden opportunities and leaving the borough in the headlines for all the wrong reasons.

As we build up to polling day tomorrow (Thursday 22nd) I want to thank you for all your support and to make one last ask. Any time you can give, however small, to help on polling day would make all the difference. Please let us know by replying to this email.

You will know as well as I do how important this election is. It’s going to be close but together we can do this.

– John Biggs, Labour’s Candidate for Mayor of Tower Hamlets

Our manifesto: Building a better future

I am really proud of our plan for the borough. Clean streets, cleaner politics, cutting crime, tackling the housing crisis and help with the cost of living.

Here are some of our key pledges: 

* Greater transparency and accountability – We will restore trust in Tower Hamlets by being accountable to residents in public meetings, answerable in the Council Chamber and showing respect for scrutiny.
* Free school meals for every child – Labour has drawn up a fully funded and sustainable plan to fund free school meals for all primary school pupils in the borough, to help hard pressed families and allow well-nourished kids to focus on learning.
* A 24hr noise and ASB hotline to help tackle rising crime – Nuisance noise doesn’t sleep, that’s why Labour will introduce a 24h hotline to report noise and anti-social behaviour at weekends to ensure people’s complaints are addressed.
* A council-run lettings agency – Labour will establish a council-run lettings agency to help people in private rented homes to get the best deals, cut their costs and clamp down on rogue landlords.
* Clamp down on missed bin collections and scrap bulk waste charges – Over 25,000 bins have gone uncollected under the current mayor. We pledge to get a grip on missed bin collections as well as scrapping the current bulk waste charges which have led to more mattresses and junk being dumped on our streets.

I hope you will agree these are the kind of ideas which will help get Tower Hamlets back on track, improving the things that matter most to local people.

Only one vote to beat Lutfur Rahman

For four years now the current mayor Lutfur Rahman has left the borough in the headlines for all the wrong reasons. Whether scandals, investigations or sleaze its bringing our community down and we believe Tower Hamlets deserves better.

The election for Mayor will be a two horse race:

LUTFUR RAHMAN or JOHN BIGGS

You may not normally be a Labour voter but the only person who can beat Lutfur Rahman is Labour’s John Biggs.

Make sure your vote counts, vote Labour’s John Biggs on 22nd May. #BackingBiggs

“You may not normally be a Labour voter but the only person who can beat Lutfur Rahman is Labour’s John Biggs.”

That’s the paragraph that stands out. The message is clear and simple. Labour should have used it publicly earlier. Whether it’s too late or not, we’ll find out on Friday night.

 

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I think I’m right in saying that of all the London boroughs, Tower Hamlets has been in the news more than most regarding cycling fatalities in the past few years. Three people have been killed at the notorious Bow roundabout alone since 2011.

A number of others (some can supply the exact figure) have also lost their lives along Bow Road, Mile End Road, Whitechapel Road and Aldgate High Street. All those deaths occurred on the Cycle Superhighway 2 (CS2).

There are also accidents waiting to happen on the CS3 in Limehouse, particularly by the junction of Branch Road and Horseferry Road where motorists are given little chance when cyclists are directed their way, against the flow of traffic, in a one-way street.

To be fair to John Biggs, he has been campaigning at City Hall on these issues for years.

Following the latest Bow Roundabout deaths last November, Mayor Lutfur Rahman weighed in, saying:

Boris Johnson has repeatedly ignored demands to make Bow roundabout safer for cyclists and pedestrians. Today I am asking to meet Mayor Boris Johnson and demand he act immediately to make the Bow roundabout safer and undertake an urgent review of the Cycle Superhighway in Tower Hamlets.

So, despite his love of chauffeured Mercs, you’d fully expect him to accept an invitation from the group representing cyclists in Tower Hamlets for a hustings in Bethnal Green tonight.

Here’s the email sent out by Tower Hamlets Wheelers:

For the first time in London’s political history, a campaign group is aiming to lobby 6000 local election candidates to help make streets safer and more inviting for everyone to cycle.

With the mayoral elections taking place on May 22nd, local cycle campaign group, Tower Hamlets Wheelers have arranged a Q&A with election candidates. With the majority of candidates confirmed to attend, we have a unique opportunity to put forward our questions and influence future decision makers on why cycle safety needs to be a priority.

We are inviting local Tower Hamlets residents to come along – ask questions, share their views or simply hear what the candidates have to say:
When: Wednesday 14th May at 7.00pm
Where: St Margaret’s House, Old Ford Rd, E2 9PL

The borough council controls the vast majority of roads in Tower Hamlets and the mayor is in a uniquely powerful position to influence and implement cycling friendly policies. This is our chance to let the next mayor know how important Space for Cycling is.

Tower Hamlets Wheelers tell me the following people have confirmed their attendance:

John Biggs (Lab)

Reetendra Banerji (Lib)

Nicholas McQueen (UKIP)

Hugo Pierre (TUSC)

Chris Smith (Green)

Chris Wilford (Con)

They’ve emailed and called Lutfur Rahman’s office several times, including an email to his agent, Cllr Alibor Choudhury (on an email address I know he monitors).

They’ve not had any reply.

So it looks like he’s ducking another Q&A with residents.

 

UPDATE: 2.15pm

Seconds after I published this blog (and after having checked with Tower Hamlets Wheelers), they emailed me to say that at 2pm today, Lutfur’s office had replied. Lutfur won’t be attending tonight, but they say Alibor Choudhury will attend in his place. They provided no reason for Lutfur’s absence and I wonder whether the other candidates will even accept this.

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