Independent Complaints and Grievance Policy

Rachael Maskell Excerpts

Thursday 19th July 2018 Commons Chamber

[Pete Wishart]

I have no issue with the Leader of the House on that; I accept that she has tried to do that, and I think we have all been trying to do so, but unfortunately we are at a point where there are disagreements among those of us who have been involved in this report, and we now see the amendment of the right hon. Member for Rother Valley and hear the concerns of the Standards Committee. I still want to hear from colleagues before I make a final decision, but I am veering towards the view of the Leader of the House on this. We must be consistent in how we deal with all these cases in this House.

[Rachael Maskell (York Central) (Lab/Co-op)]

I have just checked Standing Order No. 150(12)(b) again, and its wording will not protect anonymity if there is no change. I am disappointed that the motion is not quite right and nor is the amendment. Therefore, because of the risk the amendment brings of breaching the confidentiality of a reporter in these cases, it cannot be supported, but we must address this issue in the six-month review and get it absolutely right.

[Pete Wishart]

That is a very helpful intervention, and perhaps the Leader of the House will confirm in summing up that this will be at the heart of the six-month review. Out of all the issues we have had to look at, this has been the most controversial and the most debated. If she can give an assurance to those of us in the group who are conflicted about this, that would go some way to assuaging my concerns, and perhaps those of Committee colleagues. I therefore ask for a solid commitment from the Leader of the House that this will be at the heart of the six-month review.

I want to address a couple of other important matters. The most important of them is training; this is a critical part of the report. The ideal situation is that the measures in this report are never deployed, and that means assisting Members and staff in how the code will apply. I am pleased that the features included in the training pack will be as follows: what constitutes bullying and harassment and sexual misconduct; the impact of inappropriate behaviours; the impact of power and unconscious bias on behaviours; ways to help prevent all forms of bullying and harassment at work; what to do if unacceptable behaviour happens; the role of the manager in preventing all forms of bullying and harassment at work; and informal and formal approaches to tackling unacceptable behaviours.

This is a once-in-a-generation opportunity to make the change needed to ensure that we all consider what we can all do to promote dignity and respect in our workplace. We encourage all members of the parliamentary community to support this scheme wholeheartedly and to uphold the important values it promotes. Some 15,000 people work in and around the parliamentary estate; I do not know how many visitors we get per year, but I suspect it is a greater number than that. We must make sure we serve them all and that anybody who has any contact with this House will be treated with the dignity and respect that underpin this report.

One thing that should unite everyone on the estate is the conviction that all who work here have a right to expect to work in an environment that is free from bullying and harassment, especially sexual harassment. There should be zero tolerance of any inappropriate behaviour. Parliament has to lead, because Parliament is the forum of our national debate and the centre of our democracy. We would shirk our responsibility if we did not tackle this issue and put out the strongest possible statement that such behaviour is unacceptable in this place. If we do not lead and establish solid procedures and processes to deal with our own issues, we will let down the people in every office block and every institution throughout the country, so it is our job to do this. We have to set the example, and I believe that this document does that. I hope the entire House wholeheartedly supports it.

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[Sir Kevin Barron]

No, there is not, and I will go on to that. What the amendment does to paragraph 4 comes after the issue to which the hon. Lady just alluded. We are not going to stop anything. As I have said, confidentiality is crucial to the policy’s success.

[Rachael Maskell]

The reality is that this is about amendment of the Standing Orders, which govern the procedures of the House, so while I accept that the motion is not necessarily in the right place, without the amendment it could lead to the identity of a reporter being exposed.

[Sir Kevin Barron]

I will say—this is an aside—that I have been in this House for 35 years, and I have seen many allegations made against Members of Parliament for all sorts of reasons. Quite a lot of them come from the press, the television or stings in the media, and the idea that we have anything to shy away from in these decisions is not true. We agree that sexual harassment and bullying cases require confidentiality to ensure that people will come forward and speak out so that action can be taken. The Committee carefully considered the Leader of the House’s arguments for making the changes, and we understand why she has put them forward. However, we do not think that they outweigh the reputational damage that may arise if we go ahead with this proposal as drafted. It will be presented as MPs trying to cover up their misdoings.

The proposal is also good news for anyone who wants to smear an MP. They can simply tell the media that the Member has broken a rule and is under investigation, and, since the Parliamentary Commissioner for Standards will effectively be gagged, she will not be able to confirm or deny it. The rumour will continue and no one will have the authority to put the record straight. Members ought to remember that that could happen. On most occasions, that is how things work for the Committee on Standards as it operates under the current code of conduct.

The proposal goes beyond the independent complaints and grievance policy and is not essential to it. We do not believe that the publication of whether a Member is under investigation will cause irreparable damage to that Member’s reputation. I could cite the example of the right hon. Member for South West Surrey (Mr Hunt), who was recently under investigation by the commissioner following a complaint. It was in the national press and on national television, but it does not seem to have done his career any harm whatsoever because he was appointed Foreign Secretary last week.

The Committee was unanimous on the issue. All the lay members have written a joint letter to me, which has just been posted on our website, and I will read out the key paragraphs:

“Through our involvement in the work of the Committee we recognise the unusual, and sometimes precarious, nature of the role of MPs, the media interest they deal with on a daily basis and therefore, the importance MPs rightly place on their reputation. We also recognise the importance of the reputation of the House and the impact the actions and behaviours of MPs can have on how this is viewed.

Our experience to date suggests that publication of an announcement that an investigation is taking place does not cause significant damage to an MP’s reputation and, on a number of occasions, the matter is already in the public domain through the media. Therefore, in our view, the announcement can provide assurance that concerns are being handled independently and in a fair and impartial manner.

Our view is that the current practice followed by the Parliamentary Commissioner on Standards, and explicitly agreed by the House in 2010, creates the right balance between the individual reputation of MPs and the collective reputation of the House. Any proposals to limit this approach would be a detrimental step in continuing to build the credibility of the reputation of the House.”

I think those views make the case for the amendment very well.

The reason why the Committee on Standards has lay members is probably because, back in 1999, I was appointed as a lay member of the General Medical Council. Three Members of Parliament were appointed to it at that time, and I dealt with fitness-to-practice cases where doctors were in front of us, for example, and I thought that I played a constructive role. The first time that I said that the Committee on Standards ought to have lay members I remember a few sets of eyes widening, but the way that the lay members have operated for years now has been to the credit of this House. It certainly gives us a lot more credibility than if MPs were marking their own homework. When this motion is put to a vote, I hope that Members will recognise that lay members are helping us to change the culture in Parliament, just as the report does, which I do not take anything away from.

Obviously, the Committee on Standards will accept the decision of the House on this matter, and my colleagues on the Committee and I look forward to giving every assistance we can to the new complaints system as it is implemented. I repeat my congratulations to the steering group on its marvellous work. The acceptance of the report today marks significant progress towards building further public confidence in the standards expected of all Members of the House and shows our determination to uphold the rules if they are not met.

--- Later in debate ---

[Rachael Maskell (York Central) (Lab/Co-op)]

We have had an excellent debate, conducted in very much the right tone. We exist in communities, not least this parliamentary community, so every decision that we make, action we take and word we speak has an impact. There are huge inequalities of power throughout society and, to date, that has also been true of this place. It is because of that inequality of power that we find ourselves where we are. It is absolutely right that we address how to put in place better systems to protect the most vulnerable in society and in our workplaces. We have all at least been caused to stop, pause, and reflect on our own behaviours, as well as those of people around us, and to ask serious questions about the leadership that this place provides.

Parliament holds the role of leadership across our nation and therefore it is incumbent on us to have the highest standards and to ensure that we reflect them in all that we do. The public watch us, which increases that responsibility. Perhaps we have witnessed or been recipients of inappropriate behaviour in private places. At the big display of Prime Minister’s Question Time, people witness, on a weekly basis, mobbing, belittling, mocking, name-calling and worse.

Given all that, are we surprised that bullying and poor behaviour are endemic across our nation? Such behaviour is endemic in workplaces. It is the biggest issue at work. A third of people in work today have experienced bullying in their working lives—72% by managers—and, of course, it has caused so many people to leave their jobs. In fact, 36% of people who have been bullied leave their employment. Heartbreakingly, we see so much bullying taking place in our schools: 40% of young people today have experienced bullying, and that is just in the past year. We have such a responsibility to set the bar high, and this is, I trust, what we have been doing during this process.

We also need to think about the wider impact on the economy: £18 billion is lost to the economy each year just because of bullying. Therefore, we have a big responsibility ahead of us. I want to thank third-sector organisations and trade unions for the amazing work that they have done to advance this issue. Parliament has arrived at this point because people had the courage to stand up and speak of their experiences in this place, and, of course, we have all paid tribute to those individuals today. I particularly want to thank the Leader of the House for the way that she has conducted our discussions and for her sheer determination to ensure that Parliament changes, and changes its culture. I also thank all members of the steering Committee—whether they be peers, MPs, House staff, trade unions, MPs’ staff and, of course, the officials, who I know have worked extraordinarily hard to reach this point.

We must see change. Today is all about how we can make that seismic change happen in this place. As we have heard, so many people are looking at us not just from the UK, but from around the world, as they reflect on their own Parliaments. Therefore, what we decide today will be of the utmost importance and culture change is at the very heart of that.

We must have permission to challenge and we must have confidence that, when we face challenge, the systems are there to protect us. That is why I very much welcome the behaviour code, which talks not only about looking at what is happening and how we behave, but about promoting our role. We have a responsibility not only to no longer be a bystander, but to speak up. We must not only ensure that our conduct does not include negative behaviours, but exhibit positive behaviours to one another. From your position, Madam Deputy Speaker, and from that of your colleagues in the Chair, I trust that you will remind us of that on a regular basis. We must ensure that we monitor the impact of this behaviour code on this place to ensure that it is doing the job that it is there to do.

We must recognise the power that we all have, how we use that power, and how misuse of power can cause such misery. I welcome the advances that have been made around sexual conduct and the fact that it has been put into the policy. Taking a zero-tolerance approach is the only way forward. Putting real specialism and expertise into our processes enhances all aspects of this and gives confidence to those who have experienced misconduct in any form.

There will be personal support for all those who report incidents. I certainly will encourage people to raise issues early; when issues are raised early, a resolution is more likely, particularly as the policy focuses on informal approaches. Of course, when the approaches are informal, we need to be very realistic about their impact, because we are still talking about an inequality of power. When we talk about mediation processes, we need to ensure that there are pre-mediation processes so that these processes do not cause further harm if they are exercised. Therefore, wisdom is needed across these processes.

That takes us on to the role of the independent investigation process. For me, this is the most powerful part of the proceedings before us. I am talking about the fact that the investigator is not only an expert in their field, but has no interest in anything other than bringing resolution and justice to the person making the claim. However, I do question—and I have done so at the steering group—the idea of having a commissioner for standards and an independent investigator. Surely, we should trust a true professional who is an independent investigator in fulfilling their whole role. They do not need somebody looking over their shoulder. They should be trusted, through their professionalism and their expertise, to carry out the role that they are trained to do. I trust that we will look at that relationship as time goes by to ensure that they can get on with their job.

I also want to raise the issue of confidentiality, which goes to the heart of the debate today. We have all been studying the motion, the amendment and, what for me is essential, the rulebook—the book that covers the way that this place works. That is why it is so important that we understand Standing Order No. 150. We need to change the rulebook, because no matter how much aspiration there is in the world, it does not bring governance. That is why it is really important that we ensure that good governance is enshrined in the rulebook. The motion has failed to achieve what it set out to do, as it opens up—or closes down perhaps—some of those opportunities. It means that those who have been reported for other reasons will also come under this rule. We could have been more nuanced in the way that the motion was written to cover just those who come under this procedure. I also have to say that if we go back to the rulebook under the amendment, it means, unfortunately, that there is risk in the system. The name of a victim of abuse, whether that is bullying, harassment or sexual misconduct, could come to the fore. I do not cast aspersions on the commissioner or the Committee, but I go back to the rulebook as that is our governance.

I have one or two other issues to address before I close. First, I have raised in the steering group the way that sanctions are applied. It is really important that we see equality in applying sanctions and ensure that there is a framework in place for their application. Therefore, I really hope that, at the point of the six-month and 18-month reviews, there is moderation of the penalties to ensure that there is equality in applying sanctions. We will have different people applying those sanctions. It could be that, owing to unconscious bias, some people experience lighter sanctions than others. It is really important that we review what the sanctions were. We also need to know whether they were adhered to and what their impact was. Then we must question what else should be done. I also want to raise the issue of ensuring that we have good data to support the process of review. By the time that we get to six months and 18 months, it is really important that we have a thorough understanding of the impact of the policies.

Another issue relates to non-disclosure agreements. It is important that we understand not only what their role can be in helping and supporting individuals, but how they can be misused. It will be incumbent on the six-month review to take up that issue to see how they have been applied in this House and across the parliamentary community. It may be that we need tighter governance around their use. Often, such agreements—compromise agreements—can be used to buy people off. That is often the failing, and we need to make sure that that does not occur and that people receive true justice.

On historical cases, which I believe all hon. Members raised on the steering group, we need to ensure that everyone has that sense of justice. Personal support will apply to everyone and all will have access to the informal resolution processes in cases that predate June 2017 and of course the legal channels and the ability to refer a case to the Parliamentary Commissioner for Standards will still exist. It is the formal process that people will not have access to, and therefore I welcome the additional independent inquiry for MPs, peers and House staff, but I ask whoever has that responsibility within the inquiry to look into such cases and determine that, if an independent investigation is needed, it is reviewed so that everyone can have the justice they deserve.

I believe that training should be mandatory, as hon. Members have said, and that waiting till the next Parliament will leave it far, far too late. We need to roll it out in this Parliament. It should commence this year. If it is not mandatory, of course, the very people who would perhaps most benefit from it may miss out. I trust that there will be tight scrutiny to ensure that all Member access it at the earliest opportunity and that a focus is given to adjusting the training as the learning continues. After all, this is not just about a process, but about a new culture that we must adopt, so it is important that everyone is engaged.

I welcome the move to a good employment standard, which, in itself, will bring much and long overdue change to how people are treated in this place. We need to take the best employment practices from across our nation to ensure that we do the right thing. We work in a highly pressurised and stressful environment, and it can be incredibly stressful at times for our staff, so it is only right that we do the best for them. Not only should the performance of our staff be monitored; there should be 360 degree feedback for us as employers to make sure that we also are doing the right thing and that staff feel empowered in that process and able to challenge.

In conclusion, these policies, the code and the training start here, should the motion be passed today. Our new journey together around a new culture begins in this place. We must not look back but press forward to create the right working environment for everyone. I particularly thank all the stakeholders involved in the process, but I ask the Leader of the House to seriously consider the role that trade unions can play in enhancing employment in this place. We have seen the valuable contribution they have made to systems to date. After all, it is they who represent people day and night—it is day and night—through supporting individuals with their bullying claims. When I was a trade union official, the biggest issue we dealt with was workplace bullying. It is vital, therefore, that we recognise the support trade unions provide—it is not just about the stereotypes and headlines.

Today, we mark a new beginning. I thank hon. Members for their contributions and trust we will move forward together.

[Andrea Leadsom]

With the leave of the House, I will make a couple of brief closing remarks. This has been an excellent debate and once again I pay tribute to colleagues from across the House for their efforts and contributions—it has been an extraordinary amount of work—and to the advisers, officials and the programme team who worked so hard. I also pay tribute once again to the victims who came forward with their testimonies and sparked this piece of work. On behalf of all the members of the steering group, I can say that we have been individually absolutely committed to achieving the change we are kicking off today. We can be incredibly proud of that.

We have, in particular, heard about the vital importance of the six-month review, and I draw all colleagues’ attention to page 34 of the report, which sets out some of the jobs that six-month review will have to do in addition to taking into careful account the work of Dame Laura Cox QC and the further historical allegation review that we are launching today.

I thank the right hon. Member for Rother Valley (Sir Kevin Barron) and his Committee for their work. It took me considerable time and effort, however, to persuade the Parliamentary Commissioner for Standards and the Standards Committee even of the need not to name people when opening investigations into all ICGP cases as well as non-ICGP cases. I have asked that we temporarily suspend naming people when opening investigations for the purpose of giving ourselves a clear run at this, even if we re-implement the PCS’s ability to name non-IGCP candidates after six months. I really urge Members not to accept the amendment. We need a clear run at this, so we need confidentiality and consistency.

Question put, That the amendment be made.

Business of the House

Rachael Maskell Excerpts

Thursday 24th May 2018 Commons Chamber

[Andrea Leadsom]

I am pleased that the hon. Lady has raised this issue. Of course, we are all supportive across this place of the need for new housing for everybody to be able to have a home of their own. That does mean new building, and, in some cases, new towns. It is therefore absolutely right that we provide the right levels of infrastructure and development to meet the needs of those new communities. I encourage her to seek an Adjournment debate so that she can raise the specifics of the new town proposed in her area.

[Rachael Maskell (York Central) (Lab/Co-op)]

The debacle over business rates and who has responsibility for them continues. I have been able to establish that both the Ministry of Housing, Communities and Local Government and the Treasury have responsibility, yet neither seems to have responsibility for the review promised in the 2017 Budget. Can we have a debate about business rates and how they are seriously damaging our high streets at the moment?

[Andrea Leadsom]

I am sympathetic with the hon. Lady. We are all aware of cases in our constituencies of business rates proving extremely difficult for local high street shops, retailers, pubs and so on. It is very challenging. She will be aware that a significant number of measures have been put in place to try to relieve the burden of business rates, but I encourage her to seek a Backbench Business debate so that all Members can share their views and experiences.

Business of the House

Rachael Maskell Excerpts

Thursday 10th May 2018 Commons Chamber

[Andrea Leadsom]

The hon. Lady raises an important issue and I can absolutely agree. My constituency also has issues involving the loss of community transport. It is a very important matter. I encourage her to raise it directly at Transport oral questions on 24 May.

[Rachael Maskell (York Central) (Lab/Co-op)]

Eight weeks today, we will be marking the 70th anniversary of the NHS. How will the House be marking that and will the Leader of the House make sure that there is significant Government time to debate the serious challenges now facing the NHS?

[Andrea Leadsom]

I know that we will all want to celebrate the amazing achievements of the NHS. A lot of consideration is being given now to exactly how we can celebrate it. The hon. Lady may be aware that there will be a debate next Wednesday, 16 May, on the 70th anniversary of the NHS and public health, which she might want to attend. I am delighted that the Government have provided over £14 billion more to spend on caring for people than in 2010 and that there are almost 42,500 more clinical staff looking after patients than in 2010.

Business of the House

Rachael Maskell Excerpts

Thursday 26th April 2018 Commons Chamber

[Andrea Leadsom]

I am delighted that the hon. Lady is glad that more than a million NHS workers will benefit from the new pay deal. Of course, we are all incredibly grateful for the amazing work done by the hospice movement, and if she has specific concerns about the relative pay scales, she might want to raise them directly at Health questions on 8 May.

[Rachael Maskell (York Central) (Lab/Co-op)]

Since 2015, City of York Council has built zero social housing and commissioned zero social housing, so may we have a debate about disaggregating social housing from affordable housing?

[Andrea Leadsom]

The hon. Lady raises a very concerning local constituency point, but on the bigger point about affordable housing and social housing, she will be aware that affordable housing is roughly 80% of the normal market cost and social housing roughly 40%. That is the differentiation, but she may seek to raise the matter at oral questions or seek an Adjournment debate to clarify the distinction directly with Ministers.

Business of the House

Rachael Maskell Excerpts

Thursday 22nd March 2018 Commons Chamber

[Andrea Leadsom]

My hon. Friend raises something that is important to all of us in our constituencies, namely the incredible value that we get from local community shops, post offices and the banking system. I am happy to join him in congratulating Lisa Kear and the Belmont and South Cheam Residents’ Association on their work in opening a sub-post office. Often where there is no bank in a community, it is the post office that enables people to continue to get the access to banking that is so essential for us all.

[Rachael Maskell (York Central) (Lab/Co-op)]

As we approach the end of the financial year, the NHS funding formula is seriously failing the NHS. In York, the deficit will be some £45 million, resulting in cuts to vital services. May we have a debate in Government time about why the funding formula is failing the NHS and patients?

[Andrea Leadsom]

Our NHS has had over £13 billion more to spend on caring for people since 2010. There are almost 43,000 more clinical staff looking after patients, with nearly 15,000 more doctors and nearly 14,000 more nurses on our wards. This Government are ensuring that we are properly funding our NHS in line with the five-year forward view set out by the NHS itself.

Business of the House

Rachael Maskell Excerpts

Thursday 15th March 2018 Commons Chamber

[Andrea Leadsom]

The Prime Minister’s spokesman has said that there are no proposals to scrap 1p or 2p coins. The call for evidence was simply intended to help the Government better understand the role of cash and digital payments. One element of that was whether the denominational mix of coins meets the public need. From the early reaction, it looks as if it does. It is safe to say that the penny has dropped. We have considered change, but we know that we like change, so we think we will probably keep change and have no change.

[Rachael Maskell (York Central) (Lab/Co-op)]

Since raising the York housing crisis in the Chamber, my inbox has been flooded with horrific stories of damp and mouldy housing in York, where landlords, both council and private, have completely failed my constituents. May we have a debate about the condition of housing, with particular regard to damp and mouldy homes, so that we can stamp out damp once and for all?

[Andrea Leadsom]

The hon. Lady raises an incredibly important issue, and there is no doubt that the Government are determined to help to ensure that all homes meet the right standards and that we stamp out issues such as damp and the other problems that so many tenants have. The Government support the Homes (Fitness for Human Habitation and Liability for Housing Standards) Bill introduced by the hon. Member for Westminster North (Ms Buck), and we are committed to protecting tenants’ rights and to giving tenants more security through our tenant fees Bill, which will ban unfair letting fees and other ways in which tenants are mistreated. The hon. Member for York Central (Rachael Maskell) makes an important point, and I am sure that there will be many opportunities to raise it in the coming months.

Treatment of House of Commons Staff

Rachael Maskell Excerpts

Monday 12th March 2018 Commons Chamber

[Andrea Leadsom]

The advantage of an independent complaints procedure is that it will exist for people to be able to come forward with confidence and with confidentiality. That means that at long last they will have somewhere they can go to make their complaint without just going straight to the press, which, as the hon. Gentleman says, has caused some difficulties.

[Rachael Maskell (York Central) (Lab/Co-op)]

The working group report recommends training by the end of this Parliament. Clearly, that is inappropriate. Will the Leader of the House bring it forward to ensure that every Member and manager has face-to-face training within this year?

[Andrea Leadsom]

The hon. Lady is not quite right about that: the working group proposes that training is essential for all Members across the House in a wide variety of areas, and measures are being brought forward to encourage people to undertake training. We have said that in their induction new Members in the next Parliament will receive compulsory training in certain areas.

Independent Complaints and Grievance Policy

Rachael Maskell Excerpts

Wednesday 28th February 2018 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

I really appreciate the right hon. Lady giving way. On the definitions of bullying, why is the older version of the definition used, as opposed to the most recent version, which takes away the issue around intentionality? Often, perpetrators hide behind that.

[Andrea Leadsom]

The work on the detailed procedures, including definitions, will be finalised once the work of the House authorities gets under way to put these proposals in place. If the hon. Lady wants to propose a different definition, I will be very pleased to look at it, and I will certainly take into account all views in that regard. I am committed to ensuring that work proceeds at pace over the next few months, and I am pleased to report that the House authorities have already begun preliminary work on several of the workstreams needed to implement these policies.

Members will also want to know that the following four interim steps have already been taken to improve the services available. I have mentioned them previously, because we wanted to ensure that we had immediate steps following the serious allegations we all heard about in November. First, enhanced support arrangements have already been provided through the extension of the employee assistance programme helpline run by Health Assured. Secondly, face-to-face counselling sessions can be offered where appropriate. Thirdly, an interim service providing HR advice for Members’ staff was launched in January. Fourthly, political parties have all updated their behaviour codes and published them on the parliamentary intranet. This demonstrates that we have already taken urgent action, but of course the new procedures will go much further.

For the benefit of Members not present at my previous statement, I will 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 each differ according to their particular role. All 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 the alleged perpetrator have access to all evidence, and, crucially, that each has the right to representation or to represent themselves. These measures will ensure fairness.

In the most serious cases, the commissioner will refer her findings to the Committee on Standards. The Committee can 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 procedures under the Recall of MPs Act 2015 could be invoked. The trigger for recall remains the same as it is now, and there is no plan for changes to primary legislation. The working group 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 checks and balances are in place to guard against such complaints, while making sure complainants can come forward in a safe and confidential manner.

I will turn now in more detail to the individual workstreams needed to implement the new procedures. We expect six major workstreams to be established, and I would like to address these individually. It is the intention that most of the workstreams will be completed in three months or less.

First, and very importantly, a new behaviour code for Parliament will be developed. This was a key recommendation of the working group report. It will ensure that we are all aware of and able to promote the highest standards that are expected in the parliamentary community. It will cover all those working in both Westminster and constituency offices, and all pass holders. With the approval of the House, we will consult on this new behaviour code: it is important that those who would be subject to the code have the opportunity to contribute to its development. The code must be something that binds us all. It will underpin the new scheme, which will be able to receive, investigate and resolve allegations of bullying, harassment and sexual harassment. It will also be the cornerstone of a cultural change to uphold dignity at work for all those who work with or for Parliament. It is our intention that the behaviour code will be brought forward within three months.

Secondly, there will be an implementation workstream around the bullying and harassment procedure. This will develop detailed policies and procedures, and commission the services of a new reporting helpline and a workplace dispute resolution service. The new helpline will signpost to available services, and ultimately the new services will be able to investigate independently allegations of bullying and intimidation. Dedicated emotional and practical support for all those involved in a complaint will be an important aspect of the new services.

Thirdly, there will be a separate workstream commissioning a new independent specialist service around sexual harassment and violence. A single point of ongoing support will be provided for complainants by an independent sexual violence adviser. Investigations of misconduct will be able to be conducted by an independent investigator with a specialist qualification in understanding sexual harassment.

[Rachael Maskell]

I thank the Leader of the House for being generous with her time. May I just caution her once again about the issue of mediation when it comes to bullying and sexual harassment, because of the inequalities of power? We want to ensure that there are clear processes that enable equality of power. Often, mediation has the reverse effect.

[Andrea Leadsom]

I hope I can reassure the hon. Lady that the issue she raises was at the core of all the evidence we took and all the discussions we had, and of the determination of the working group to address the issue of imbalance of power to make sure that the interest of the complainant is at the heart of the whole procedure, so it is very much complainant-led and ensures that people feel safe and are able to come forward in a safe space without the fear of being intimidated further. I think I can reassure the hon. Lady on that point, but of course I am very happy to speak to her separately if she wants further reassurance.

Fourthly, new training is already available to help people understand more clearly what types of behaviour might be considered bullying or harassment and the impact that this can have on individuals. This is the first step towards implementing the working group’s recommendation that the new independent grievance and complaints policy needs to be supported by a comprehensive training programme. Training will be a significant workstream and will also include learning opportunities for Members and their offices in their role as employers. The House authorities have also established a new induction programme for Members’ staff, with the first session being run this week in response to the working group’s request.

Other individual areas of work, including on the fifth workstream, are already under way. This includes work to prepare for a third party supplier of HR advice for Members’ staff to replace the interim service launched in January. This will be supported by a new Members’ staff book. A first draft has already been compiled by the Independent Parliamentary Standards Authority and the House authorities.

Finally, the working group has been clear that in order to implement a number of the group’s proposals, the sixth workstream will develop the remit and processes of the Parliamentary Commissioners and the Standards Committees in both Houses. This workstream will necessarily involve separate but parallel processes in both Houses, liaising with each other as necessary. At the end of these processes, changes will also be likely to be needed to the existing parliamentary codes, not least to reflect the new behaviour code.

Regarding the amendment on the Order Paper, I welcome its clarity. I assure right hon. and hon. Members that as well as having recently met the new Parliamentary Commissioner for Standards and having recently scheduled a meeting with the Standards Committee, I can absolutely give the assurance that consultation with the commissioners and the Standards Committees will continue and will form a key part of the next stage of our work.

It is important that the development of these workstreams is underpinned by fairness, confidentiality and a recognition of the unique environment in which these procedures are being implemented. The new arrangements must therefore be monitored, reviewed and embedded as part of a wider change in culture. I would like to pay particular tribute in this regard to the Political and Constitutional Affairs Committee for its excellent recommendations to the working group. Unfortunately, the Committee’s letter was omitted from the list of written submissions in annex B of the report—for that I apologise. One of the suggestions made in its submission was about the importance of review and scrutiny of the working group’s proposals. It is our intention that once the proposals have been implemented, a cross-House body or group should review the implementation and operation of the new processes, and in the meantime a steering group, whose membership will be based on the composition of the working group, will oversee the implementation period.

In conclusion, I am confident that the measures that the working group has recommended will provide the basis for the significant and sustainable change to which we all aspire: a Parliament that provides dignity at work for all. We need to make sure that our Parliament is among the best in the world, demonstrating our commitment to equality, justice and fairness. I hope that the House will endorse the working group’s recommendations today.

[Valerie Vaz (Walsall South) (Lab)]

I thank the Leader of the House for opening the debate. This is the fourth time that the matter has been before the House and it is good that we can continue to debate this important topic in this way. We have had three statements and now this motion. If we cast our minds back, our first meeting was on Monday 6 November 2017, with the Prime Minister and the leaders and representatives of other parties. The report was published on 8 February 2018, and I have passed it on to every Member of the Opposition. I place on record my thanks to all the staff involved for putting together the report and all colleagues who were involved in the working group.

All the motion does is set out the work that the House authorities have to undertake. There needs to be time to look at how to put the processes and procedures in place, and, of course, a working group cannot do that. To pick up the point made by my hon. Friend the Member for York Central (Rachael Maskell), who worked in this sector, she will have an opportunity to feed in to the full-time, permanent person who will be dealing with this.

The Leader of the House outlined in detail exactly the work that needs to be done, so I will confine myself briefly to two areas: training and the steering group. On training, I do not consider any training programme to be onerous. It is not a judgment on people’s views, but just ensures that everyone is in the same place. It will be useful for all Members to be updated with the latest practices and acceptable behaviour in a modern workplace.

[Rachael Maskell]

Can we not ensure that training is mandatory and face-to-face, and that it is brought in this year, so that we do not have to wait until the next Parliament?

[Valerie Vaz]

I thank my hon. Friend for her comments. That is exactly what I would want to see from any training programme. As the Leader of the House outlined, we expect something to be put in place after three months, when the permanent person has looked at all the details of what they have to do.

Secondly, the steering group will monitor the work that has been done. As the Leader of the House knows, the working group was set up on an ad hoc basis. A few people have been asked to and were allowed to join the group, but in my view, the steering group should be a bit more representative and perhaps include other groups and unions. I would support the inclusion of the House trade union side to widen the representation slightly, but perhaps the numbers on the steering group need to be reduced.

Most importantly, a number of new initiatives were set up. When events first hit us in November, Mr Speaker acted very swiftly and extended the helpline so that it was a 24-hour, seven-days-a-week helpline from Health Assured. It would be useful to have the figures on how that is being used, perhaps at the next Commission meeting, because it will then have been six months since it was extended to every single person working on the Estate.

I do not underestimate the amount of work that the House authorities need to do. Although it is useful to get updates from time to time, they need to be left to get on with the work, consulting my right hon. Friend the Member for Rother Valley (Sir Kevin Barron) and his Committee, the Select Committee on Standards; the hon. Member for Harwich and North Essex (Mr Jenkin) and his Committee, the Public Administration and Constitutional Affairs Committee; and all other hon. Members who feel that they have something to offer. Only when processes are in place and being used will we know if they are robust and command the support of those who seek to use them.

The Opposition support the motion as tabled and amended and look forward to being updated. We thank the staff for taking on this task, so that we have a truly modern Parliament, where everyone knows the boundaries of acceptable behaviour in a safe and secure workplace.

Business of the House

Rachael Maskell Excerpts

Thursday 2nd November 2017 Commons Chamber

[Andrea Leadsom]

My hon. Friend raises an interesting point. As we consider how we can improve value for money for taxpayers while using best HR practice from around the world, we will of course look at other legislatures. Especially with regard to resolving the question of how to keep people safe at work, it will be essential that we look at what is done elsewhere.

[Rachael Maskell (York Central) (Lab/Co-op)]

On standards, I am deeply concerned about the bullying culture within Parliament, an issue that was actually dismissed by Mr Speaker when I previously raised it with him, terming it to be a “women’s issue”—it clearly is not. It is absolutely vital that we use this opportunity to address bullying and to bring forward mandatory training for everyone in this House.

[Andrea Leadsom]

I absolutely agree with the hon. Lady and will happily work with any colleagues from across the House on making sure that we seize this opportunity to put things right. We must ensure that nobody is left out of the process—it should include all political parties, those with no political party, and all those who work in this place and come here to help us on temporary work placements, as interns and so on—so that we get this right once and for all.

Sexual Harassment in Parliament

Rachael Maskell Excerpts

Monday 30th October 2017 Commons Chamber

[Andrea Leadsom]

I certainly share the hon. Gentleman’s concern, and he will be aware that members of staff often move around and work for other Members of Parliament. Clearly, there should be different outcomes for different situations, but it is very important that victims feel that they are heard, understood, listened to and supported, and that their concerns are then acted upon.

[Rachael Maskell (York Central) (Lab/Co-op)]

Thank you for your statement today, Mr Speaker.

May I caution the Leader of the House about her focus on mediation? Mediation assumes there is an equality of power. Where there is a perpetrator and a survivor of sexual abuse there is a clear inequality of power. Will she look at this again?

[Andrea Leadsom]

To be clear, I am not talking about mediation; I am talking about an independent grievance procedure where independent people would investigate a particular situation, quite apart from the Members in this House. The victim would absolutely not be mediated with the alleged perpetrator of the crime against them.