House Standards System: Confidentiality and Sanctions
(3 years, 8 months ago)
Commons ChamberRead Hansard Text Read Debate Ministerial Extracts
Mr Deputy Speaker (Mr Nigel Evans)
Before I call the Leader of the House to move the motion, I should inform the House that I have not selected the amendment to motion 7 in the name of Andrea Leadsom.
The Leader of the House of Commons (Mr Jacob Rees-Mogg)
I beg to move motion 6,
That–
(1) this House reaffirms its commitment to the Independent Complaints and Grievance Scheme (ICGS) and to tackling bullying, harassment and sexual misconduct on the part of anyone who works for or with Parliament; reasserts the importance of confidentiality within the ICGS in order to protect the vulnerable and encourage victims to come forward; notes the concerns expressed by the Parliamentary Commissioner for Standards, as set out in the Appendix to the Sixth Report of the Committee on Standards, Confidentiality in the House’s standards system (HC 474), about the operation of certain aspects of the confidentiality regime set up by the House in its decisions of 19 July 2018; agrees to the recommendations specified in paragraph 22 of the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); and notes that nothing in these recommendations undermines the key ICGS principle of confidentiality;
(2) Standing Order No. 150 is amended as follows:
in paragraph 12, line 8, to leave out “statistical” before “information” and to add “and matters under investigation” after “received”.
Mr Deputy Speaker
With this we will consider the following:
Motion 7—Sanctions in Respect of the Conduct of Members—
That–
(1) this House notes the Seventh Report of the Committee on Standards, Sanctions in respect of the conduct of Members (HC 241) and the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); endorses the Committee’s approach to creating a revised regime of sanctions for breaches of the Code of Conduct in relation both to Independent Complaints and Grievance Scheme (ICGS) cases and non-ICGS cases; notes that the two reports propose which sanctions will be available to be imposed by the Parliamentary Commissioner for Standards, by the Independent Expert Panel (IEP) in ICGS cases, by the Committee on Standards in non-ICGS cases, and by the House itself, with tables showing ICGS and non-ICGS sanctions as an Annex to the Twelfth Report; notes that the Committee has set out aggravating and mitigating factors in non-ICGS cases that it will keep under review, and that the IEP has published a separate set of aggravating and mitigating factors that will apply in ICGS cases; notes that the new range of sanctions includes the withdrawal of facilities or services from Members, but that, where such a sanction would interfere with the core functions of a Member, the decision on imposing it will lie with the House; notes that the Committee is currently considering options for possible appeal procedures in non-ICGS cases and intends to report to the House separately on these; and approves the conclusions and recommendations of the Committee’s Seventh Report, as modified by its Twelfth Report;
(2) Standing Order No. 150 (Parliamentary Commissioner for Standards) is amended as follows:
after paragraph (4) insert –
“( ) The Commissioner shall have power to:
(a) instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and
(b) require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct.”;
(3) The Code of Conduct for Members of Parliament (HC (2017–19) 1882) is amended as follows:
in paragraph 21, at end add: “Failure to comply with a sanction imposed by the Committee or the House relating to withdrawal of services or facilities from a Member shall also be treated as a breach of the Code.”; and
(4) The Guide to the Rules relating to the Conduct of Members (HC (2017–19) 1882) is amended as follows:
(a) in Chapter 4, after paragraph 15 insert –
“( ) The Commissioner has the right to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct.”
(b) in Chapter 4, paragraph 19, line 5, leave out from “may” to the end and add:
“impose the following sanctions on its own authority:
(a) an apology in writing, or on the floor of the House by means of a point of order or a personal statement;
(b) requiring a Member to attend training, or to repay money;
(c) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member[footnote to be inserted here: “The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Committee is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter.”];
(d) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period.
The Committee may recommend the following sanctions for decision by the House:
(e) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence[footnote to be inserted here: “See previous footnote.”];
(f) dismissal from a select committee;
(g) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House);
(h) withholding of a Member’s salary or allowances even if he or she has not been suspended;
(i) in the most serious cases, expulsion from the House.
While it is for the House itself to decide on the matters set out in the list above, its practice has been to accept the Committee’s recommendations on sanctions.”
Motion 8—Sanctions in Respect of the Conduct of Members (ICGS Cases)—
That this House approves the following arrangements for sanctions in cases of bullying, harassment or sexual misconduct by Members following an investigation under the Independent Complaints and Grievance Scheme:
(1) The Parliamentary Commissioner for Standards shall have power to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct; and require an apology in writing, or on the floor of the House by means of a point of order or a personal statement;
(2) The Independent Expert Panel shall have power to impose the following sanctions on its own authority:
(a) requiring a Member to attend training or enter into a behaviour agreement;
(b) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member [footnote to be inserted here: “The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Panel is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter.”];
(c) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period.
The Panel may determine the following sanctions for decision by the House:
(d) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence [footnote to be inserted here: “See previous footnote.”];
(e) dismissal from a select committee;
(f) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House);
(g) withholding of a Member’s salary or allowances even if he or she has not been suspended;
(h) in the most serious cases, expulsion from the House.
Mr Rees-Mogg
As the Leader of the House, I am happy to bring forward these motions to facilitate the House’s decision on these matters following inquiries by the Standards Committee. They will implement the Standards Committee’s recommendations, as set out in its sixth and seventh reports and revised by its 12th report. I am grateful to the Committee and its Chairman, the hon. Member for Rhondda (Chris Bryant), for the collaborative way in which the motions have been brought forward and welcome the Committee’s engagement ahead of finalising its recommendations. This is the latest step in our continuing efforts to improve our ways of working so that the United Kingdom Parliament becomes more effective in its core task of serving voters. Thorough culture change comes from setting expectations as much as new rules, but as the proposals do both, I hope that they will meet the House’s approval.
It may help if I briefly explain the motions on the Order Paper. Motion 6 relates to the Committee’s recommendations on confidentiality, which are based on proposals from the Parliamentary Commissioner for Standards for some fine-tuning of the confidentiality regime in relation to non-independent complaints and grievance scheme cases. In particular, the motion will give the commissioner the authority to publish a list of continuing non-ICGS investigations and to confirm or deny whether a non-ICGS matter is being looked into, as she did prior to 19 July 2018. In addition, following my discussions with the Committee, in circumstances in which significantly incorrect information about allegations has been made public, it will now be possible for the injured party to apply to the commissioner for a public rebuttal to be issued, either by the commissioner herself or by the injured party, with her express prior approval of the text.
I understand that there has been some concern that the effect of the changes that we are making today could be to limit the ability of Members to speak to others about allegations made against them in order to seek support. I reassure right hon. and hon. Members that the position on unauthorised disclosure would of course be without prejudice to the right to access confidential advice and support from others. When it comes to ICGS cases, that right is clearly set out in the independent expert panel’s recently published guidance, which says that Members may
“seek support from a family member, friend or colleague”,
with whom they may share information “in confidence.”
Motions 7 and 8 relate to the Committee’s recommendations on the sanctions available in both ICGS and non-ICGS cases. The Committee has recommended a rationalised set of sanctions, as envisaged in the ICGS delivery report and supported in the reports by Dame Laura Cox and Gemma White on bullying and harassment in Parliament. Motion 7 relates to sanctions in non-ICGS cases and motion 8 relates to sanctions in ICGS cases, reflecting the role of the independent expert panel in determining sanctions in those cases.
Motion 7 asks the House to note that the Committee has set out aggravating and mitigating factors in non-ICGS cases that it will keep under review, and that the IEP has published a separate set of aggravating and mitigating factors that will apply in ICGS cases. As I said to the Committee in the Government’s response to its seventh report, while these factors can provide helpful context to specific cases, they may on occasion be based on subjective judgments and will therefore be secondary to the facts established in the investigations. I think that is a key principle, and it is also important that these factors are properly communicated to Members.
The motion sets out a range of sanctions, from formal discussions at the lower end through to expulsion from the House, at the agreement of the House, as the most severe sanction. Importantly, where a sanction is to be imposed that affects the withdrawal of services, a distinction is drawn between the withdrawal of services that affect the core functions of a Member and those that do not. The withdrawal of services affecting the key functions of a Member may be implemented only with the agreement of the House itself.
I am sure that the Chairman of the Standards Committee will want to provide further details on the approach taken in his Committee’s reports. For my part, I bring forward these motions as part of a shared endeavour to improve the way this House functions, and to demonstrate our firm commitment to improving our working culture further. Our constituents send us here with the full expectation that we will do all in our power to represent them properly, and every day, across the House, I find hon. and right hon. Members doing their absolute best to live up to that. But on the occasions when a Member’s conduct is found wanting, we must demonstrate the firmness of our collective commitment by ensuring, to paraphrase Plato, to every Member their due. On that basis, I commend these motions to the House.
Valerie Vaz (Walsall South) (Lab)
I thank the Leader of the House for his statement and for setting out the motions so helpfully. Let me start by saying that the inquiry started, I think, in June 2019, and I encourage hon. and right hon. Members to look at the Committee’s 12th report, which was published on 30 March 2021.
I am slightly concerned that the report states, at paragraph 5, that the Committee
“consulted the two largest Opposition parties represented in the House about the revised proposals.”
I was first written to by the Chair of the Standards Committee on 8 March 2021. I felt that I needed to consult our business managers and senior leaders of our party, but it would have been helpful if all leaders of all parties were consulted. That would have been a much more transparent way of looking at these matters. Although the report states that we were consulted, from the evidence that was published it looks like I have had nothing to say, and that I cannot write or I cannot read, or whatever, but there is copious correspondence from the Leader of the House and the Chair of the Committee at pages 13 to 29. I hope that, in the future, the Chair of the Committee will find a way of consulting in time.
It would have been helpful, too, if the note from the Speaker setting out clarification—it appeared this morning, after hon. Members were put on the call list— had been published either the day before or well in advance, so that hon. Members could have known exactly what was being debated today.
Other than that, I thank the Leader of the House for encouraging the Chair of the Committee to engage with the Opposition, I thank him for his statement today, and I note the reports.
Andrea Leadsom (South Northamptonshire) (Con)
May I start by welcoming this report from the Standards Committee? It definitely clears up a number of loose ends from the original work on the ICGS and demonstrates the benefits that the House has had from the past couple of years of operating the scheme. That benefit of hindsight demonstrates that the fears and suspicions of some when the scheme was first introduced have so far been unfounded. There is now a clear route to providing justice to everyone who visits or works in Parliament. At the same time, the training and sanctions in place will go a long way towards changing the culture, so that everyone who comes here is treated with dignity and respect.
There have now been two full reviews of the scheme by Alison Stanley, who in my view has done a great job. I hope that regular reviews will continue to take place to ensure that there is always scrupulous fairness, particularly in the contentious area of concern about politically-motivated complaints against MPs; I know that a number of colleagues across the House continue to be concerned about that point.
Alison Stanley has made clear in her reviews the need to speed up processes so that the findings of any investigation are delivered in a reasonable period of time. I hope that the changes made as a result will give complainants greater confidence than they have today that the scheme is worth using. There is no doubt that justice delayed is justice denied, and some of the complaints that have been brought to date have been far too slow to reach a conclusion. If we do not tackle this issue, it will undermine the whole credibility of the scheme, so I urge my right hon. Friend the Leader of the House and the Chair of the Standards Committee to focus on ensuring that the right resources are available to get the job done in a timely way.
I want to speak briefly about an amendment that has not been selected on the Order Paper. Mr Speaker kindly said that this would be in order as it is relevant to the main discussion this evening. In spite of being disappointed that the amendment was not selected, I will leave it at that.
When I left the job of Leader of the House in 2019, one of the key issues that was unresolved was how to ensure that MPs were not marking their own homework when it came to sanctions for the worst excesses of behaviour. My right hon. Friend the Leader of the House and his parliamentary team have obviously worked hard on this issue and have done a great job in establishing the independent expert panel. Members of the public will be able to have confidence that MPs are properly held to account by competent individuals who have no vested interest in the political process.
There is one piece of unfinished business, hence my amendment that was not selected—I promise that I shall not mention it again. In the past, the Recall of MPs Act 2015 was the route to the removal of an MP, whereby his or her constituents could petition for the recall of that MP and for a by-election to be held. Although this was seen by many as an inadequate sanction, it nevertheless had the advantage that the constituency concerned would continue to be represented in Parliament throughout the recall process.
The new arrangement enables the independent expert panel to expel an MP from office subject to an aye or no vote in this House. That has the clear advantage of swift justice, but it also has the disadvantage of leaving the constituents of that Member unrepresented. I am sure that all colleagues across the House can think of dozens of their own constituents who have significant problems requiring the urgent intervention of their MP, which is welcomed by the constituent in question. If an MP is expelled under the new arrangements, those constituents will have no formal representation until the by-election takes place. Although I am sure that the political parties will always attempt to provide cover, there is no agreed process or guarantee as to what these now unrepresented constituents can expect.
My efforts—I do not wish to mention the A-word again, Mr Deputy Speaker—merely sought to ensure that the Chair of the Standards Committee might hold, or indeed ask another Committee in this House to hold, an inquiry into how this circumstance could be covered to the benefit of our constituents. Although tonight’s motion was the trigger for my desire to put forward that suggestion, colleagues will of course realise that any inquiry held by a Committee of this House could then also take into account either the tragic circumstances of the death of a Member, or a lengthy absence due to illness or baby leave, in considering how the constituents of that Member can be adequately represented.
I would very much appreciate full consideration being given to my suggestion. As I am sure colleagues will appreciate, I will come back to it later; if at first I don’t succeed, I shall try, try and try again.
Chris Bryant (Rhondda) (Lab)
In all honesty, I have yet to meet a Member of this House who has not entered Parliament and politics out of completely honourable intentions. All of us want to change the world, make it a better place, improve the lot of our constituents, represent the communities in our patch and try to sort out individual issues for people as well as we can, and to tackle the injustices that beset humanity. Of course, that does not mean that we do not disagree all the time—that is a standard part of business—but nor does it mean, I think, that any one of us denigrates the honour with which other people hold their political opinions. Nor is it to say that we are not fallible—I see you smile, Mr Deputy Speaker; you are probably thinking, “Well, you certainly aren’t, Mr Bryant.” I hope people do not think I am being overly pious or returning to my former profession as a vicar when I suggest that we are all—including you, sir—flawed. Even the most statuesque of us has feet of clay—indeed, I have so many faults that I sometimes think that the only vaguely decent thing about me is that I know my failings rather well—which is why the House has a code of conduct, a behaviour code and a set of rules that apply to us all, which are constantly evolving.
On behalf of the Committee on Standards, let me say that in our current work on the review of the code of conduct, we are keen to make sure that we have a set of rules that is readily understandable by Members and by the public, and that upholds the Nolan principles, which are vital to restoring to public confidence in the way we do our business, and that we get the balance right between the fundamental principles and the specific rules, so that people are not endlessly being tripped up by what I can only call bureaucratic minutiae but getting away with much greater misdemeanours. We need to get that balance right—to make sure that there is justice for the individual Member and for the complainant, and that we do so as fairly as possible. It is from those fundamental principles, the Nolan principles, that all our attitudes and our behaviours should be drawn. The Leader of the House rightly referred to the desire, shared by everybody I believe, to change the culture in the whole parliamentary community, so that Parliament is always a place of respect and dignity, where people are able to do their job with honour.
Let me explain what the Committee wanted to achieve through our reports, which have led to the motions on the Order Paper. I thank the Leader of the House for the collaborative way in which he has approached this. I hope he does not mind when I say that it has taken a long time to get the motions on the Order Paper today. I think all of us would have preferred this to have happened sooner. The independent expert panel would like to have had the powers in place a little sooner. I am not making a big thing out of it; it would just be good if sometimes we were able to proceed more quickly.
First, we wanted to maintain the strictest possible confidentiality in cases of bullying, harassment and sexual misconduct that are being investigated by the commissioner and considered by the independent expert panel, so as to protect both the complainant and the Member. It is important to remember that in those cases there is always a specific complainant who is, potentially, a victim, and that person has as many rights in the process—nor more rights, but as many rights—as the individual Member who is complained about.
I want to confirm for the Leader of the House that it is perfectly possible and right that, if an individual Member wishes to seek advice from another Member or, for that matter, legal counsel, of course they are entitled to do so. In some cases, that would be their Whip. Whips sometimes have a terrible reputation, but in my experience, they are largely there for the better management of the House—[Hon. Members: “Hear, hear!] I am suddenly popular; it will not last—and often for the welfare and care of individual Members of the House, especially when they are going through difficult times.
Sir Bernard Jenkin (Harwich and North Essex) (Con)
I am a member of the hon. Gentleman’s Committee, and I work with him. An issue that has arisen in discussion with Members is that the confidentiality arrangements seem to preclude Members from discussing with or seeking the help of their Whip to advise them on the complaint that has been made about them. It seems to be the understanding of many hon. and right hon. Members that they cannot even tell their Whip or seek help and support from their Whip in dealing with a complaint against them. Could he explain what he thinks the position is on that?
Chris Bryant
It is precisely as the Leader of the House adumbrated—namely, the independent expert panel has made clear that Members can seek advice from another Member if that is what they wish to do. It is on a confidential basis. Of course they should not do it so as to game the system or to lobby individual members of the Committee, because that is expressly a breach of the code of conduct, but Members are perfectly entitled, and it makes absolute sense, to go to their Whip to talk about the matter if they wish to do so. I urge colleagues not to use this as a means of lobbying the whole House to get support, because that undermines the whole system.
We wanted also to end the anomaly whereby the commissioner can neither confirm nor deny that she is investigating a particular case, even when the Member concerned has announced that he or she has referred themselves to the commissioner. That obviously brings the whole system into a degree of disrepute. I know that some colleagues were anxious about this clause, but in the vast majority of cases, this will mean that the commissioner will be able to confirm that she is not investigating a Member. Far too many hares have started running in the press without anybody being able to clarify the situation—neither the commissioner nor the Member—and that is an injustice to everybody.
Thirdly, we wanted to ensure that when something has gone wrong, the independent expert panel and the Standards Committee have more options in terms of sanctions than just a slap on the wrist or decapitation, which is basically what it has felt like for far too long. There are more effective means of enabling people to change their habits—perhaps the habits of a lifetime—or the way that they work, their attitudes or their behaviour in a way that aligns with the code of conduct and the rules. That is precisely what the suite of options that we have laid out in our reports do for both ICGS cases, for the independent expert panel to use, and for non-ICGS cases, for the Standards Committee to use. The Leader of the House is right to say that anything that affects the core functions of an MP would only be decided on by the House in the end. The final vote, as it were, would be for the House.
We wanted also to be absolutely clear with Members and the public what we consider to be mitigating or aggravating factors in considering a particular case when the commissioner has brought a report to us. This seems to us a simple matter of natural justice. It is exactly the same as the courts, which have mitigating and aggravating factors when sentencing. For instance, perhaps it is obvious that a Member who committed the same breach of the rules on more than one occasion or who did so after already having been admonished by the House for a similar breach—a recidivist—would face a tougher sanction from the Committee the next time round, but we thought it important to make this clear.
Perhaps it is also obvious that a Member who made a completely inadvertent error, apologised and swiftly made recompense would be able to rely on the commissioner and the Committee to treat such a breach as on the less serious end of the spectrum. Likewise, perhaps it is obvious that a Member who refused to answer an inquiry from the commissioner or the registrar, who deliberately dragged matters out, who was rude and abusive during the process or who refused to co-operate with an investigation or inquiry would face a more serious sanction from the Committee. My honest advice to colleagues—I think every member of the Committee would say this, and it is advice I would give anyone in life—is that a heartfelt apology goes a very long way towards putting things right. I think the House and the public respect that when people are able to do it. I also urge colleagues, if they ever want advice, to go to the registrar or the commissioner because they are there to help.
Sir Bernard Jenkin
I have had conversations with colleagues about the role of the commissioner, and that point needs to be underlined. A number of colleagues are wary of approaching the commissioner for advice or questioning what is going on, because they worry that this eminent person will be somehow in judgment over them or hold something over them. How should the Committee begin to break down the barriers between the commissioner and right hon. and hon. Members? That barrier obviously exists in a number of instances.
Chris Bryant
As the hon. and be-knighted Member knows—I mean that he is a knight of the realm—when we have produced our report on the code of conduct we will consult widely in the House and elsewhere. I hope that as many Members as possible will take part in that consultation process. My impression is that the rules are now far too complicated. There are bits and pieces here, there, and everywhere. It seems extraordinary that we have two pages of stationery rules in the 21st century. I think we make it too complicated for Members to do their work, and I hope Members will take part in that next process. Part of that will undoubtedly be getting to know the commissioner and the registrar better.
I will not refer to the amendment that was not selected, but I will refer to the right hon. Member for South Northamptonshire (Andrea Leadsom). Whenever I see her speak, I am reminded of the fact that I lived in Northamptonshire when I was a youth officer for the diocese of Peterborough, and I used to drive up the M1. Just as people arrive in her constituency a great big sign on the motorway says, “Welcome to Northamptonshire.” Two seconds later a sign says, “Keep your Distance.” It was there long before covid. She is right to say that there is an issue for constituents who might suddenly be left high and dry. There is also an issue for constituents when there is a change of MP, because all the casework disappears into a black hole, and has to by law. I wonder, however, whether that is a matter regarding privileges rather than standards. The Privileges Committee cannot take up issues without being expressly asked to do so by the House. If the House wanted to do that, I am sure we would rise to the challenge, and that may be the right course to take.
I do not have much more to say, but I assure the House of two things. First, the Committee takes its job extremely seriously. We seek to be as fair-minded as we can be. We set politics and partisanship aside the moment we enter the meetings, and we strive to have a system that is simple to understand and navigate. Over 20 years as an MP I have seen that the court of public opinion can be capricious, and often delivers great injustices to Members. We strive to ensure that nobody can say that of the Committee. Sir Stephen Irwin has already made absolutely clear that the independent expert panel has exactly the same determination. Having met Sir Stephen—our Committee wanted to work closely with him—I am confident that the panel will do a sterling job.
Secondly, the Officers of the House are there to help Members, not to hinder them. I know that colleagues sometimes get a bit anxious if they have to meet the Commissioner for Standards, as they think there is going to be some kind of dressing down, but that is very far from the truth. Both the Commissioner for Standards, Kathryn Stone, and the Registrar of Members’ Interests, Heather Wood, are ruthlessly impartial, and they constantly provide advice to individual Members on an entirely confidential basis. They do this every day of the week. Large numbers of Members go to see them and seek their advice, and I would urge colleagues to do so. Sometimes when we have been here a long time, we assume that we know the rules, but sometimes the rules change a little bit in the time that we have been here. It really is worthwhile, just occasionally, to pop along to see either Kathryn or Heather to get advice. Indeed, I am keen that we should end up with a system where, if a Member has sought advice from the Registrar or the Commissioner and adopted it, that would be a safe harbour for them—in other words, a system where anyone who had sought and adopted their advice would not get into trouble for it. That is not the situation at present, but that is where we would like to get to.
I would like to thank the members of the Committee: the lay members and the Members of this House who constitute the Committee. It has been a heavy workload over this last year, and I am really glad that these motions are on the table tonight. I also thank the Leader of the House and the shadow Leader of the House, as well as the leaders of the other political parties. I am not aware that Scottish National party Members are unhappy with the consultation that we have done with them. Finally, I would like to thank Sir Stephen Irwin and all the members of the Independent Expert Panel, who are already starting their work. After these motions have been adopted today, they will be able to do so more fully and with a greater sense of the direction of travel that we all want to go in.
Owen Thompson (Midlothian) (SNP)
I thank the Leader of the House for his statement and I thank the Chair of the Standards Committee and its members for bringing all this together for us. This is one of those unique occasions when we are in almost universal agreement across the Chamber about the direction of travel we need to take. I will be very brief in my comments.
Collaboration on any area relating to conduct is critical, and the right hon. Member for South Northamptonshire (Andrea Leadsom) was right to say that this needs to be an ongoing process. It cannot simply be what it is now; it needs to continue to evolve to take account of changing circumstances and environments. That is absolutely central to this. It is also essential that whatever process we have is fair to all: those who are complaining and those who are being complained about. It is critical that the scheme should be open and transparent, because that gives confidence to all those in this environment and to those we represent. The progress that we are making is a real positive. There is probably more that could be done as we look forward, but I have no doubt that the Committee will continue to do that and that we will continue to ensure that progress is made to ensure that the best possible standards are maintained by all Members of this House.
Wendy Chamberlain (North East Fife) (LD)
I thank the Standards Committee and its Chair, the hon. Member for Rhondda (Chris Bryant), for the report, and I support today’s motions. We know that Parliament is on a journey to make it a good and safe place to work, and we know that this place has failed in the past and clearly must do better. The journey has been patchy in places. We know that confidence needs to be built up over time, and that we will do that by making the people involved in the process—the complainers and those complained against—feel that they are being treated fairly, that the processes are not overly long and, most importantly, that the outcomes are just.
For me, one of the most important things about the ICGS and the IEP can be found in the first letter of both: it is that they are independent. It is clear that the objectives of our behaviour code and our code of conduct can best be delivered when they are independent and when our MPs are not investigating—or, more importantly, being seen to be investigating—themselves. That is why I welcome today’s motion, which will further empower the IEP with the ability to sanction when the rules are being broken, and I am grateful to the chair of the IEP for their direct engagement with me as my party’s Whip on this issue. This is entirely the right approach. We in this House should not mark our own homework, and as a parliamentary party the Liberal Democrats have aligned our internal complaints process with the ICGS. We support the ICGS and we will utilise it, because running a duplicate process has the potential to cause confusion and delay.
The ICGS is not the be-all and end-all for making Parliament a good place to work, however. The ICGS and the IEP are there for cases where something has gone wrong. We need greater focus on preventing failures in the first place. Resources are important, and I am sure that the Leader of the House will encourage all Members on both sides of the House to take part in valuing everyone training, which was expected of new Members such as me when we came to the House in 2019. Other parties do that too. It is about improving human resources for staff, Members and Members’ staff. We need to know that the right tools are in place and that people know where to access them, both when new MPs are elected—later in the spring the first new Members will join the House since 2019 following by-elections—and on an ongoing basis.
As a Whip, I see some of the fantastic work that is under way across the House continually to improve those resources, from the user services group of the hon. Member for Broxbourne (Sir Charles Walker) to the work by Kim McGrath, Chris Sear and Members’ HR teams. Finally, some of the steps that we can take run beyond the House. I have said before, given my background in HR, that too frequently the skills that someone needs to become a successful candidate for Parliament, an effective elected representative and an employer do not overlap. When political parties select candidates do they consider properly the fact that the person they choose will become an employer? I hope that we can all focus on that going forward. In short, there is much to be done, but I am encouraged by today’s motions. Step by step, we are improving, and I hope that it is a task that everyone, whatever their party, can agree continues to be of huge importance.
Mr Rees-Mogg
May I thank everyone who has participated in this debate for widespread consensus, especially the right hon. Member for Walsall South (Valerie Vaz), who has been supportive throughout and was again today? It is important that that continues on a cross-party basis, which is why I was keen to seek her wisdom as these discussions took place. I particularly want to thank my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), who ensured that the change in culture got going properly. During her term has Leader of the House she pushed this ahead to make sure that it happened. I view my role as Leader of the House merely to carry the flabella in her honour for what she did. I would reinforce the point that she made, and which has come up again and again, that delays in the system have been one of the greatest problems. That has been tackled in a number of ways, both in ICGS and non-ICGS cases.
I am grateful to the hon. Member for Rhondda (Chris Bryant), who has done a great deal of work on this, and has reported fully to the House. I was a bit worried when he said to Mr Deputy Speaker that none is without fault. That has a rather dangerous parliamentary history, as the hon. Gentleman will know. Peter Wentworth made that point in the late 16th century about Elizabeth I and the desire of the House of Commons, and was put in the Tower for his pains. It is dangerous territory to say that none is without fault, but the hon. Gentleman was brave enough to say it, and that lies at the heart of our efforts to improve standards, to remember that we can all do better. His speech was extremely helpful in setting out clearly what his Committee was trying to do and the help that is available to hon. and right hon. Members to ensure that they are not tripped up. The system is not there to try and trip up people who are doing their best.
I am grateful, as always, to the hon. Member for Midlothian (Owen Thompson), who was right that progress has been made, and that there is more to be done. That view is shared across the House. As the hon. Member for Rhondda said, everyone who comes here wants to do the right thing when they become a Member of Parliament. I, too, have not met anyone who does not want to do that. Year after year, however, mistakes are still made. There is more to be done, but we have made progress.
The hon. Member for North East Fife (Wendy Chamberlain) raised valuing everyone training, and I can reassure her that I recently wrote to a group of Members who had not done it, to encourage them to do so, with some positive responses. By and large, people have done it—about 90% of Members have completed the training—which, again, is part of the progress that we are making. She also made the point that we need to do better, and raised the advantages of independence. We certainly see that with the Independent Expert Panel, which gives confidence to Members and complainants alike.
Sir Bernard Jenkin
I apologise to the Leader of the House and to the right hon. Member for Walsall South (Valerie Vaz) for missing their opening remarks. I just want to draw attention to a concern that has been raised with me about the motion to refer to the right of the commissioner to
“instigate informal discussions with a Member to indicate concern about the Member’s reported attitude”.
This might seem very intrusive, but it is intended to be benign. Nobody will be judged or adjudicated on their attitude, but if we encourage the right attitudes, it is less likely that people will make mistakes and fall foul of the rules, which is why the Committee is promoting this particular method of engagement with the commissioner.
Mr Rees-Mogg
It is important, I think, that the commissioner will have the ability to speak to people informally and, potentially, to stop problems arising if they can be stopped with a word in season.
Mr Rees-Mogg
The Chair of the Committee is nodding. That indicates that that is part of this. In the formalisation of the sanctions that this report is dealing with, there is also, as I understand it, the introduction of a least and lowest sanction, which is the word in season to try to ensure that things do not go any further. I made comments earlier about issues relating to how people co-operate with any inquiry, and I reiterate that that is inevitably a secondary and subjective issue, but it ties in at a later stage if somebody has done something that they ought not to have done. I commend these motions to the House.
Question put and agreed to.
Resolved,
That this House reaffirms its commitment to the Independent Complaints and Grievance Scheme (ICGS) and to tackling bullying, harassment and sexual misconduct on the part of anyone who works for or with Parliament; reasserts the importance of confidentiality within the ICGS in order to protect the vulnerable and encourage victims to come forward; notes the concerns expressed by the Parliamentary Commissioner for Standards, as set out in the Appendix to the Sixth Report of the Committee on Standards, Confidentiality in the House’s standards system (HC 474), about the operation of certain aspects of the confidentiality regime set up by the House in its decisions of 19 July 2018; agrees to the recommendations specified in paragraph 22 of the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); and notes that nothing in these recommendations undermines the key ICGS principle of confidentiality;
Ordered,
That Standing Order No. 150 is amended as follows:
in paragraph 12, line 8, to leave out “statistical” before “information” and to add “and matters under investigation” after “received”.
SANCTIONS IN RESPECT OF THE CONDUCT OF MEMBERS
Resolved,
That this House notes the Seventh Report of the Committee on Standards, Sanctions in respect of the conduct of Members (HC 241) and the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); endorses the Committee’s approach to creating a revised regime of sanctions for breaches of the Code of Conduct in relation both to Independent Complaints and Grievance Scheme (ICGS) cases and non-ICGS cases; notes that the two reports propose which sanctions will be available to be imposed by the Parliamentary Commissioner for Standards, by the Independent Expert Panel (IEP) in ICGS cases, by the Committee on Standards in non-ICGS cases, and by the House itself, with tables showing ICGS and non-ICGS sanctions as an Annex to the Twelfth Report; notes that the Committee has set out aggravating and mitigating factors in non-ICGS cases that it will keep under review, and that the IEP has published a separate set of aggravating and mitigating factors that will apply in ICGS cases; notes that the new range of sanctions includes the withdrawal of facilities or services from Members, but that, where such a sanction would interfere with the core functions of a Member, the decision on imposing it will lie with the House; notes that the Committee is currently considering options for possible appeal procedures in non-ICGS cases and intends to report to the House separately on these; and approves the conclusions and recommendations of the Committee’s Seventh Report, as modified by its Twelfth Report;
Ordered,
That
(1) Standing Order No. 150 (Parliamentary Commissioner for Standards) is amended as follows:
after paragraph (4) insert –
“( ) The Commissioner shall have power to:
(a) instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and
(b) require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct.”;
(2) The Code of Conduct for Members of Parliament (HC (2017–19) 1882) is amended as follows:
in paragraph 21, at end add: “Failure to comply with a sanction imposed by the Committee or the House relating to withdrawal of services or facilities from a Member shall also be treated as a breach of the Code.”; and
(3) The Guide to the Rules relating to the Conduct of Members (HC (2017–19) 1882) is amended as follows:
(a) in Chapter 4, after paragraph 15 insert—
“( ) The Commissioner has the right to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct.”
(b) in Chapter 4, paragraph 19, line 5, leave out from “may” to the end and add:
“impose the following sanctions on its own authority:
(a) an apology in writing, or on the floor of the House by means of a point of order or a personal statement;
(b) requiring a Member to attend training, or to repay money;
(c) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member[footnote to be inserted here: “The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Committee is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter.”];
(d) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period.
The Committee may recommend the following sanctions for decision by the House:
(e) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence[footnote to be inserted here: “See previous footnote.”];
(f) dismissal from a select committee;
(g) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House);
(h) withholding of a Member’s salary or allowances even if he or she has not been suspended;
(i) in the most serious cases, expulsion from the House.
While it is for the House itself to decide on the matters set out in the list above, its practice has been to accept the Committee’s recommendations on sanctions.”—(Mr Jacob Rees-Mogg.)
Sanctions in Respect of the Conduct of Members (ICGS Cases)
Resolved,
That this House approves the following arrangements for sanctions in cases of bullying, harassment or sexual misconduct by Members following an investigation under the Independent Complaints and Grievance Scheme:
(1) The Parliamentary Commissioner for Standards shall have power to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct; and require an apology in writing, or on the floor of the House by means of a point of order or a personal statement;
(2) The Independent Expert Panel shall have power to impose the following sanctions on its own authority:
(a) requiring a Member to attend training or enter into a behaviour agreement;
(b) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member [footnote to be inserted here: “The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Panel is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter.”];
(c) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period.
The Panel may determine the following sanctions for decision by the House:
(d) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence [footnote to be inserted here: “See previous footnote.”];
(e) dismissal from a select committee;
(f) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House);
(g) withholding of a Member’s salary or allowances even if he or she has not been suspended;
(h) in the most serious cases, expulsion from the House. —(Mr Jacob Rees-Mogg.)