PARLIAMENTARY DEBATE
Independent Complaints and Grievance Policy - 8 February 2018 (Commons/Commons Chamber)
Debate Detail
In this week of celebrating 100 years of women’s suffrage, it is right that we recognise the bravery of those in the suffrage movement and praise the great strides we have taken in our politics and our society over the past 100 years. But we are also all too aware of the unacceptable level of intimidation and aggression being shown towards people in public life, often directed particularly at women, BAME and LGBT+ candidates. Such behaviour clearly deters people from entering politics and threatens our democracy. When dealing with this very real issue, our Parliament must lead by example.
The working group was set up last November by the Prime Minister, with the support of all party leaders, in response to the very troubling allegations of sexual harassment and bullying taking place on the parliamentary estate. We all recognised the need for robust procedures to change the culture in Parliament and for this place to set the best example of a workplace that protects and supports all those working in it.
In my first statement, I said that urgent interim action would be taken, and that was the case. The staff helpline was extended to include staff of peers and others, with face-to-face counselling made available on the estate; party codes of conduct were updated and published online; and since Christmas, interim human resources guidance has been made available to Members’ staff. Nevertheless, it was clear from an early stage that there was a substantial amount to do if we wanted to create a sound working environment that properly supports the more than 15,000 people who work for or with Parliament.
I am hugely grateful to all members of the working group for giving their time, consideration and indeed patience as we worked towards the publication of this report. You were clear, Mr Speaker, that for the House Commission to take up the new scheme, the response had to be cross-party. Although there have been some challenging discussions, I am pleased that that is what we have been able to achieve.
The group took extensive evidence, both in person and in writing, from a wide variety of stakeholders, including parliamentary officials, staff of MPs and peers, unions, academics, authorities on sexual violence and legal professionals. The group also conducted its own survey, which was open to a wide range of people and included a number of passholders who had not previously been asked for their experience of bullying and harassment.
Many people have devoted a considerable amount of time to this matter over the past three months and, after more than 100 hours of discussion, consultation and consideration, we have proposed a set of policies that will fundamentally change the working culture in Parliament. I would like to turn now to those proposals.
First, Parliament will agree a shared behaviour code, which will apply to everyone on the estate or engaged in parliamentary business regardless of location, and will underpin the new policy. It will be consulted on, and will make clear the behavioural expectations of everyone in the parliamentary community. Secondly, the new complaints and grievance procedure will be independent of political parties.
Thirdly, it was acknowledged that sexual harassment and sexual violence are different from other forms of inappropriate behaviour such as bullying and intimidation. Therefore, separate procedures will be agreed for those looking to raise a complaint regarding sexual harassment, and for those with a complaint of bullying. This is an important distinction and, although everyone has acknowledged the severity of complaints of sexual harassment, evidence from staff made it clear that instances of intimidation and bullying are in fact more prevalent. Fourthly, MPs’ staff require proper HR advice—something that has previously been lacking and will go a long way to helping to resolve workplace grievances.
Importantly, the new system will be based on the principles of equality; be confidential and fair to all parties; be in line with the laws of natural justice; and command the confidence of all those who use it. The working group took advice at an early stage that, rather than reinventing the wheel, we should work with, and build on, the many sound processes and systems already in place.
For the benefit of Members, I turn briefly to the process for making a complaint or raising a grievance against a Member of this House. As colleagues will appreciate, the process for raising complaints against other members of the parliamentary community— such as peers, Members’ and peers’ staff, journalists and contractors—will differ according to their particular role. All the procedures are designed for the protection of staff and parliamentarians alike and have fairness at their heart.
It is intended that the House authorities will procure two independent services: one to consider allegations of sexual harassment and violence, and the other to consider workplace bullying and intimidation. Both avenues will provide support and, where needed, will investigate the complaint. Where informal resolution is not possible and the complaint is upheld, it will be referred to the Parliamentary Commissioner for Standards in the case of a Member of this House. The working group proposes that the commissioner’s role will be expanded and reformed. She will have access to legal advice, and will be able to impose a new range of lower-level sanctions that may include a written apology, mandatory training or future behaviour agreements.
The commissioner will be able to review any finding by the independent investigator, and where she does so, she will ensure that her investigations are also strictly confidential, that both the complainant and alleged perpetrator have access to all evidence, and, crucially, that each has the right to representation or to represent themselves. Those measures will ensure fairness.
In the most serious of cases, the commissioner will refer her findings to the Committee on Standards. The Committee will be able to recommend to the House that an individual is suspended, and the House will vote on the recommendation. It is through this route that the existing Recall of MPs Act 2015 could be invoked. The trigger for recall will remain the same as it is now, and there is no plan for changes to primary legislation.
The working group fully recognised the fact that those who work in this place are often in the media spotlight, and that vexatious and malicious complaints are a risk. The new procedures will therefore ensure that checks and balances are in place to guard against such complaints.
I will now briefly outline the next steps. A motion will be brought before the House and a debate will take place in the first two weeks after recess. Any necessary equivalent steps will be taken in the other place. It will then be for the House of Commons Commission to instruct the House authorities to finalise the agreed processes and carry out their implementation.
I am grateful to the Clerk of the House for confirming that the House authorities are ready to begin this work via a series of workstreams that will include, first, developing and consulting on a behaviour code for Parliament; secondly, procuring the two separate services required to support and investigate complaints of sexual harassment or bullying; thirdly, procuring an HR guidance service for Members’ staff; fourthly, developing a staff handbook for Members’ staff; and fifthly, identifying and drafting changes to Standing Orders to finalise necessary amendments to the procedures of the Parliamentary Commissioner for Standards and the Committee on Standards.
The working group will continue as a steering group to monitor the work of the House authorities. It is our intention for the work to proceed at pace over the next few months. Finally, six months after the start of the new scheme, an appropriate body—covering both Houses and having direct staff representation—will review the operation of the new processes.
In conclusion, the working group was formed to bring about change. It is a right, not a privilege, to be treated with dignity and respect at work. This ambitious report is a major step towards a safer, more professional environment. I hope that right hon. and hon. Members across the House will welcome the report, which I am confident will ensure that our Parliament is among the best in the world, demonstrating our commitment to equality, justice and fairness. I commend this statement to the House.
Paragraph 28 refers to other processes that individuals may choose, such as a process associated with their employment or the political party in question. The scheme will reserve the right not to investigate incidents investigated elsewhere. Paragraph 31 provides that there will be support services, emotional guidance and other guidance, including advice on processes. Paragraph 32 outlines the confidentiality arrangements.
The informal and formal stages of the new sexual harassment policy and procedure are outlined in paragraphs 50 to 61, in chapter 3. Complaints handled by a specialist trained sexual health advisor are outlined in paragraph 54. There will be a separate process for bullying and harassment policy procedures, which is outlined in paragraphs 62 to 75, in chapter 4. The HR advice service that is to be up and running for the staff of MPs and peers will be procured as discussed in paragraph 74. There will also be cultural change training, as outlined in paragraph 79, because some people may not know what unacceptable or acceptable behaviour is. Chapter 7 outlines possible sanctions, and paragraph 92 sets out the timeframe in which the work will proceed. The estimate for the completion of all workstreams is roughly three months.
Members should note that staff supporting the working group have had to deal with their own work as well as this unusual way of working. I am pleased that a formal secretariat will be set up that is dedicated solely to implementing the recommendations, so staff do not have to cover their other posts and this one.
Dr Helen Mott was a gracious and knowledgeable adviser to the working group. The report says that any legal advice that is requested will be from a senior lawyer, but I would suggest that it should be at QC level. The expertise of ACAS should also be accessed. Our survey response showed a 17% return—lower than expected. However, further work may usefully consider ongoing surveys to test the robustness of the procedures.
The Leader of the Opposition has read the whole report and he, too, passes on his thanks to the staff for their hard work.
This is a much better report than the draft that was available before Christmas, as the Leader of the House has kindly acknowledged previously. My hon. Friend the Member for Brent Central (Dawn Butler), who is in her place, was keen to have flowcharts so that we could work out the procedure. There is a reference to that, and they may be forthcoming later. In the report before Christmas, there was no reference to the independent sexual harassment adviser, and that could have been lost. There is a body of work to be done, and I am grateful to the House authorities for ensuring that this work will continue. I know that it will be in capable hands.
Everyone in Parliament must be able to work together co-operatively, respecting the expertise of the House and balancing our responsibilities as elected representatives in a safe, secure and constructive workplace so that everyone, including our constituents and the staff of this House, can benefit from working for the common good in this extraordinary place.
I pay tribute to the staff of the House and of the Cabinet Office, who, as the hon. Member for Walsall South (Valerie Vaz) says, really gave of their time, with their day job still to be done. I would love to name them all, but I think they know who they are. They have done a fantastic job. I also pay tribute to my own team who support me in the Leader of the House’s office. It is a small but rather excellent team. They are all seated in the Box, so I shall not look at them and embarrass them, but they have done a really superb job.
As Members of Parliament, we all live our lives in a very public space. What protections will there be for people against malicious claims that are raised against them? More importantly, once a complaint is in train, how can we ensure that such complaints are dealt with and examined on a timely basis? We all know that some examinations of behaviours in this place can last literally for years and never reach a conclusion. It is only fair to the people who are being investigated that this is executed on a timely basis and adjudicated on in due course.
By the opposite token, my right hon. Friend is exactly right: we do live in the media spotlight, so it is very often of great public interest when a complaint is made even if that complaint is subsequently not upheld. Part of the process, for the sake of both complainant and alleged perpetrator, is that the independent investigation will be held confidentially. It will be very important for natural justice that both sides can present their side of the story and that the independent investigator comes to a finding, which the Parliamentary Commissioner for Standards can then review, should the alleged perpetrator require her to do so.
This is a significant, substantial document, and it has managed to secure all parties’ support. It hopefully signals the beginning of the end of the poisonous patriarchal culture that has characterised so many of the relationships in this House. Victims of sexual harassment will now have a process to bring forward complaints independent of the political parties, which is perhaps the key feature of what has been designed and delivered today.
There is a clear road map for how complaints will be examined, with a range of solid sanctions in place to deal decisively with perpetrators. A shared behaviour code is also significant and to be welcomed, as are the proposals for training for all Members and measures to support staff, especially the HR support available to members of staff for the first time.
I have a couple of questions for the Leader of the House. Will she pledge to keep a cross-party approach, which has been so useful, with staff in place as a key feature of that? Can she tell us what will be available to ensure that everything in this document is implemented in good time?
I would like particularly to pay tribute to the staff members of the working group, who contributed in a totally constructive way to getting the right solution that is fair to both the complainant and the principles of natural justice. They gave their time unstintingly, and they too had day jobs to be getting on with. They have been superb, and I assure the hon. Gentleman that it is fully my intention for their contribution to continue to be a core part of the process as we complete the implementation. The report is clear about the areas in which staff representation will be necessary. He can rest assured that we will be working at pace and that the same members of the working group will remain involved, where they are able to do so.
There will be a comprehensive package of training on areas such as consent, unconscious bias and how to properly recruit, retain and discipline members of staff. Equally, there will be sanctions. Voluntary training will be made available, and there will be mandatory training from after the next general election. There will also be compulsory training by way of lower-level sanctions that can be imposed by the Parliamentary Commissioner for Standards on Members of the House.
The right hon. Lady’s working group has been able to ripple the discussion widely. Of course, we all have an interest in ensuring that grotesque abuses do not happen in this House, that it is a safe and decent place to work and that any wrongdoing is called to account.
People have talked about the balance between a fair system for the complainant and a fair system for the person who is complained about. Obviously that is right. The media spotlight can be very harsh indeed on a Member of Parliament just on the basis of an accusation made, but it can also be very harsh on a complainant, and we have to bear that in mind. Timeliness is very important for an hon. Member against whom a complaint has been made, but it is also important for someone who has complained. I know that that has been at the forefront of the working group’s mind.
I appreciate the fact that the right hon. Lady has said this is a work in progress. She has established a response and a system and set up some processes, but it is very important indeed that she stays on the case, with colleagues across the House, to ensure that this actually works. I thank her for her work.
I particularly commend the intention to set up a review body once all this is implemented. If I read the report correctly, that might be a joint committee of both Houses of Parliament, perhaps including lay members. Ultimately there has to be comprehensive oversight of this change and how it integrates with what we already have.
I welcome this report, which is a potential game changer. The shocking figure that almost one in five people working in Westminster have experienced some form of sexual harassment is testament to the fact that the ongoing political culture is toxic. Does the Leader of the House agree that we need not only the consent training she mentioned, but for it to be mandatory, with sanctions available for Members who might not be persuaded to take it up? Quite frankly, Members who are most likely to be resistant to taking up the training are probably those who need it most.
In answer to the hon. Gentleman’s other point about historical or pre-existing allegations, this was another area the working group spent a considerable amount of time discussing. There is a specific complication with making individuals liable to a procedure that was not in place at the time of the allegation. That complicates this somewhat. However, we will make sure that we are able to deal with the issues of historical allegations, even if they cannot be dealt with specifically by this new procedure.
The hon. Gentleman asked whether there will be outreach to constituency offices. I assure him that there will be.
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