Committee on Standards: Cox Report

Andrea Leadsom Excerpts

Monday 7th January 2019 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

I beg to move,

That this House approves the Fifth Report of the Committee on Standards, Implications of the Dame Laura Cox report for the House’s standards system: Initial proposals, HC 1726, and agrees the following changes to Standing Orders and to the Guide to the Rules relating to the Conduct of Members as approved by the House on 17 March 2015:

Standing Order No. 149 (Committee on Standards)

(i) in paragraph (5), line 3, leave out from “witnesses,” to end and add “may move motions and amendments to motions or draft reports, and may vote.”.

(ii) leave out paragraph (5A).

Guide to the Rules relating to the Conduct of Members

Chapter 4: Procedure for inquiries

(i) Leave out paragraph 6(b) and insert –

“b) be in writing or by email, and provide the complainant’s name and full postal address; and”.

(ii) Leave out paragraph 11.

The motion stands in my name and that of the hon. Member for Stretford and Urmston (Kate Green). I welcome the opportunity to take part in this important debate on behalf of the Government. The motion, if agreed by the House, serves to strengthen the independence of the Committee on Standards and modernise its practices. I will touch more on the content of the motion, and I am sure that the hon. Lady, the Chair of the Committee, will also provide the House with a detailed account of the proposed changes.

It is important that we put these changes in their wider context. Now, more than ever, we must not lose sight of our drive to improve the culture of our Parliament. How has this motion come about? In November 2017, shocking stories of harassment and bullying in Westminster came to light. I have been clear, as has the Prime Minister, that there is absolutely no place for this unacceptable behaviour in Parliament, or anywhere else for that matter. We should be setting an example for others to follow, and my ambition is that our Parliament become a role model for other Parliaments around the world.

In response to the allegations, the Prime Minister convened party leaders and set up a cross-party working group to develop an independent complaints and grievance procedure for Parliament. A programme team, overseen by a cross-party steering group made up of Members of both Houses and staff representatives, then worked on the implementation of the new policy, known as the ICGS, which was agreed by the House and launched in July last year. Throughout our work, there was a clear recognition from the cross-party group that establishing the ICGS was the beginning, not the end, of a bigger movement to challenge and change the culture in Parliament. As part of this, we agreed that there must be a review of the scheme at six and 18 months, as it beds in. This gives us the chance to improve as we go and to constantly ask ourselves what more we can do.

I am currently working with colleagues in the House to establish the first of these reviews and that work will begin later this month. The purpose of each review will be, first, to scrutinise how the new complaints procedure is working in practice; secondly, to address outstanding areas, such as how to incorporate into the scheme visitors to constituency offices and how to manage third-party reporting; and thirdly, to incorporate the findings of the Cox report, following the recommendations of the House of Commons Commission and the other independent inquiries set up as part of the ICGS.

[John Spellar (Warley) (Lab)]

Can I ask the Leader of the House about an area of which I was not aware? What does she mean by “visitors to constituency offices” in this context?

[Andrea Leadsom]

It means how visitors to constituency offices might potentially in future be able to submit complaints about the behaviour that they have received in constituency offices.

[John Spellar]

rose—

[Andrea Leadsom]

I am sorry, but I will not give way.

Dame Laura Cox QC’s inquiry—

[John Spellar]

rose—

[Andrea Leadsom]

I will not give way.

[John Spellar]

rose—

[Madam Deputy Speaker]

Order. The right hon. Lady is not giving way. We have not got much time.

[Andrea Leadsom]

Dame Laura Cox QC’s inquiry looked into the bullying and harassment of House of Commons staff. Naomi Ellenbogen QC is conducting a similar inquiry on the House of Lords side, and Gemma White QC is currently conducting a broader inquiry into employees on the Commons side. All of the many different employment situations in the House will be covered by a one-off review of historic complaints.

Dame Laura Cox published her report into the bullying and harassment of House of Commons staff in October last year. There were three key recommendations in that report, which the House of Commons Commission agreed and committed to taking forward.

[Justin Madders (Ellesmere Port and Neston) (Lab)]

I am particularly anxious that the second of the recommendations in the Cox report be moved forward as quickly as possible. Can the Leader of the House give us a timetable for that?

[Andrea Leadsom]

The House of Commons Commission is looking at each of these issues. If the hon. Gentleman will bear with me, I will answer his question in a moment.

Dame Laura Cox also raised serious concerns about the senior management of this place and, as an ex officio member of the Commission, I am keen that these issues be explored further. Her concerns cannot be brushed aside. It will be very important that the Commission does not ease up on the pace of dealing with what are most urgent issues facing the governance of Parliament. The changes to be made in the light of the Cox report are a matter for the Commission and the House itself.

That brings us to the motion on the Order Paper. I pay tribute to the Committee on Standards for its work, which was done not only quickly, in recognition of the gravity of the situation, but thoughtfully. I also pay tribute to the hon. Member for Stretford and Urmston for the constructive way in which she has engaged with the process since the beginning of her chairmanship. It is not an easy task when Committees themselves must assess their fitness for purpose and adapt to calls for change. The Committee on Standards has adopted a clear openness and willingness to do so, while also recognising the need for a further and separate review of the standards system.

The motion relates to the third and key recommendation of the Cox report, on the independence of the process for determining complaints of bullying, harassment or sexual harassment brought by staff against Members of Parliament. The House of Commons Commission agreed in December to establish a small, informal working group to examine and report on that recommendation. The Government are fully committed to ensuring that MPs are accountable for their actions, but also agree with the Commission that it is necessary to consider carefully the potential constitutional implications of wholesale changes in the standards system. In the interim, while recognising that need for further review, the motion seeks to make some important changes in the current system to enhance its independence and ways of working.

[Jess Phillips (Birmingham, Yardley) (Lab)]

I want to put it on the record that, as one who has spoken to people who have been raped, groped and abused in this building, I want the motion to be passed. I wonder whether the right hon. Lady realises, as I do, that we will struggle to get it through because of the lack of time, and will join me in saying that we can see the people who are trying to stop it. Does she agree that that would be a disaster and a shame on this House?

[Andrea Leadsom]

I entirely agree with the hon. Lady that it is important for us to demonstrate that we, as a House, are absolutely committed to ensuring that the dignity and respect that we want everyone to feel in this place is adhered to, and that we do everything we can to make that happen.

[Vicky Ford (Chelmsford) (Con)]

May I raise an issue relating to dignity and respect, especially for women Members? As chair of the all-party parliamentary group on women in Parliament, I have written to the Speaker asking him, as a matter of urgency, to consider the issue of proxy voting for women during maternity leave. Please will the Leader of the House also exert some pressure? The issue is becoming very urgent.

[Andrea Leadsom]

I can absolutely assure my hon. Friend that I am committed to changes that will accommodate the need for parents to spend time with their new babies.

The changes sought in the motion will first confer full voting rights on lay members of the Committee on Standards. That means, in practice, that lay members will have equal status on the Committee and will hold a majority in any vote, with the Chair holding a casting vote only in the event of a tie, and it goes some way towards meeting Laura Cox’s challenge.

[John Stevenson (Carlisle) (Con)]

As my right hon. Friend knows, I tabled an amendment relating to that issue. What I seek from her is an assurance that, when the Gemma White inquiry reports, we shall have an opportunity to revisit the issue and ensure that her analysis can be taken into consideration.

[Andrea Leadsom]

I spoke to my hon. Friend earlier today, and assured him that the six-month review of the independent complaints and grievance scheme would indeed take into account the issues raised by each of the independent inquiries, and that all issues relating to the way in which the process for managing complaints works would be in scope for that.

[John Spellar]

Will the right hon. Lady give way?

[Andrea Leadsom]

I will not give way to the right hon. Gentleman. I have already given way to him.

Secondly, the motion will modernise practices so that referrals can be made by email or in writing. Thirdly, it will abolish the current requirement for the independent Parliamentary Commissioner for Standards to consult the Committee on Standards on whether a case that is more than seven years old, or one involving a former Member, can be investigated by her. That will ensure that she can act independently. Many of us have raised grave concerns about appalling allegations that have gone without investigation as a result of the current arrangements. So ensuring that the PCS can operate independently of the Committee on Standards is vital and will better enable justice for those seeking recourse.

[Caroline Lucas (Brighton, Pavilion) (Green)]

On the issue of the Committee’s willingness to remove any obligation on the standards commissioner to consult the Committee before going to the police, I welcome the Committee’s willingness to look at that proposal, but can the Leader of the House reassure us that it will still be a victim-centred approach? She will know from our discussions in the steering group that it is vital that a victim’s or a survivor’s wish not to have a motion go to the police should be overridden only if there are overwhelming cases of safeguarding. Can she reassure us that there will be some kind of protocol on that?

[Andrea Leadsom]

The hon. Lady will appreciate that this motion has been put forward as a result of the Standards Committee’s own recommendations—not something that I am in control of—but I absolutely reassure her that I remain as committed, as do all members of the original working group on the complaints procedure, to putting the complainant at the centre of this process and to ensuring confidentiality about their identity. That is vital to the success of our complaints procedure.

[Mr Jacob Rees-Mogg (North East Somerset) (Con)]

As I understand it, the Standards Committee is appointed by the usual channels and, if it were to appoint people like the hon. Member for Birmingham, Yardley (Jess Phillips) and people with a great commitment to ensuring that things are done properly—people of the highest standards and probity—why would we have this problem? Why do we lack confidence in people within this House to do the job for which they are elected and for which they have a mandate from the people? Why do we think we are going to get better people from outside?

[Andrea Leadsom]

That is a lengthy question. I would be delighted to meet my hon. Friend to debate it further, but the evidence that was taken over a lengthy period and that was unanimously agreed by the working group and has been supported by the Standards Committee suggested that a greater element of independence was required, and that having seven lay members and seven parliamentary Members on the Standards Committee and the voting as proposed by the Committee’s Chairman provides the right balance—having the memory and the corporate understanding of being in this place, while at the same time ensuring that we can benefit from the experience and knowledge of independent lay members.

[Dr Philippa Whitford (Central Ayrshire) (SNP)]

Clearly, the objection is to the idea of lay members being part of this, yet this Parliament put that as a construct into the General Medical Council, so we have members of the public who rule on the behaviour of doctors—not their clinical work, but their behaviour. It is important that we have that independent voice here because we work for them—for the public.

[Andrea Leadsom]

I agree with the hon. Lady.

The changes proposed today are a strong and positive step forward for the better. The Government are fully supportive of the work of the Standards Committee and the House of Commons Commission to make sure that the standards system is more independent, transparent and effective. To return to where I began my remarks, today’s motion is a separate matter from the new complaints system, known as the ICGS, in so far as it is for the House to make changes to its system of standards, but it is vital that we as a House look at this issue carefully in order that the complaints system in the round can command the confidence of the people who work with or for Parliament and the wider public. Today’s motion demonstrates that the House is listening on what more we can do to improve the culture of Parliament and, importantly, demonstrates that we are also taking action. The Government support this change and will support further changes to provide proper recourse for victims and to ensure the proper functioning of our parliamentary democracy.

The recent Christmas message by the Queen had a particular resonance for me when she said:

“Even with the most deeply held differences, treating the other person with respect and as a fellow human being is always a good first step towards greater understanding.”

I would like to take this opportunity to stress that, while we may be divided on a few matters in this place, this is something we can all be united on: our shared ambition to make our Parliament a world leader in its respectful treatment of others. It is in that spirit that I commend this motion to the House.