Cox Report: Implementation

Andrea Leadsom Excerpts

Tuesday 18th June 2019 Commons Chamber

[Andrea Leadsom (South Northamptonshire) (Con)]

I am delighted that my right hon. Friend the Member for Basingstoke (Mrs Miller) and the hon. Member for Birmingham, Yardley (Jess Phillips) have secured this debate, and I am proud that this is my first speech back on the Back Benches. Hopefully, I have the freedom to shed a little light on some of those dark spaces.

Before I do that, I want to agree with the hon. Lady. I, too, love this Parliament. I feel incredibly optimistic that, between all of us, we will make this change. Right now, we are still in a difficult place, and I will go through some of that before setting out some recommendations of my own.

I pay tribute to the officials in the office of the Leader of the House and to all the members of House staff who worked so hard to get the independent complaints procedure in place. If anyone is at fault for the lack of progress, it is definitely not them.

As I said, the picture is very complicated. This all began back in November 2017, when the appalling allegations of bullying, harassment and sexual harassment hit Parliament. Having already hit Hollywood, the allegations soon came to Westminster. So the independent complaints and grievance procedure was established and voted on by this House in July 2018. It was a cross-party agreement, with many colleagues from across the House working hard together to achieve something that is different and ground-breaking.

Then of course we had the Cox report, which was specifically on the bullying of House staff by Members of Parliament. That reported in October 2018, after the independent complaints procedure had already been set up. Subsequent to that, we now have the inquiry by Gemma White, QC, into the bullying of MPs’ staff by MPs, and vice versa, which is due to report later this month. Finally, we have the inquiry by Naomi Ellenbogen, QC, into the bullying and harassment of peers’ staff by peers, and vice versa, which will report later this year. A number of complicated inquiries are going on, and I can well understand people saying, “It is all too complicated. I can’t get my way through it.” Nevertheless, it is all headed in the right direction; people are genuinely being given the opportunity to speak out and have their say, which is so vital.

The independent complaints procedure was set up following the July 2018 motion that was agreed by this House, and Alison Stanley, the independent reviewer of the complaints procedure, has just finished her review of the first six months of the independent complaints and grievance scheme. I wish to quote one statement in her report, as it gives us hope:

“both the Behaviour Code and the policies represent in some aspects leading edge practice, such as the unequivocal language used in the Behaviour Code. From my own experience of introducing change across diverse organisations, the fact that the Scheme has now been largely introduced across the Parliamentary Community is an achievement and, from survey results, has been seen as a positive sign of a change in the culture of the Parliamentary Community by some.”

That is on the good side, but of course there is another side. Throughout my time as Leader of the House, both officially, through the working group, and unofficially, as a private Member of Parliament, I have heard some truly terrible stories. These were stories of victims being quietly moved on, rather than the bully being challenged in any way; of young women and, in some cases, young men being taken advantage of, on and off the estate; of complaints left entirely unaddressed by those who are supposed to be addressing them; and of mental health issues suffered by those who have been subjected to bullying, day in, day out, for long periods, by senior people who should be ashamed of themselves.

Alison Stanley’s report on the complaints procedure makes for difficult reading. The start of the culture change to embed the need to treat everyone with dignity and respect has been far too slow and it has not been well enough resourced. That is the conclusion of her report. She talks specifically about the speed of investigations being too slow, and speed is crucial both for the complainant and for the respondent. Where someone is accused of something and they then have to wait for several months not knowing whether it is going to be taken up, it can, in some ways, be as difficult as the situation is for the complainant, who has plucked up the courage to come forward and just does not seem to be making any progress. Issues associated with confidentiality were raised. Unfortunately, as we live under the spotlight in this place, there are accusations made in the press which mean that people who want to come forward with a complaint do not really know whether their complaint would also then find its way into the press. That gives the complainants serious concern about being re-victimised. We have not yet managed to achieve enough confidence in that aspect.

We also face issues associated with the qualifications and processes for investigations—for example, on the understanding of the investigator as to whether the case deserves investigation or not. Alison Stanley makes some very strong recommendations on this, which will go a long way to also addressing concerns about historical allegations. As Leader of the House of Commons, I was concerned that when we look at day-to-day allegations of issues that are ongoing now we find that they are in some cases more easily understood than something that happened eight or 10 years ago, where most of those involved at the time might no longer be around. The complexity can be much greater, although not necessarily so. So the quality and experience of the investigators are vital.

[Mrs Miller]

It is incredibly useful for the House to have my right hon. Friend talk about her experience in this debate. She mentioned the assertion in the Stanley report that the roll-out of the grievance procedure had been under-resourced. With reference to what the hon. Member for Birmingham, Yardley (Jess Phillips) said, it is difficult for us to know who is responsible for that, but we need to know, because we Members need to ensure that that changes in future.

[Andrea Leadsom]

My right hon. Friend is exactly right. One thing that I found fascinating about the independent review was to see somebody with real experience, as Alison Stanley has, of implementing these kinds of change processes, because one could really see where the rubber hits the road. It is all very well all of us sitting and standing here making representations as to how we want change to happen, but it has to be workable on the ground. There have to be proper resources and service-level agreements, so that people turn investigations around fast enough for them to be meaningful. My right hon. Friend is exactly right that resourcing is absolutely key.

[Tom Brake (Carshalton and Wallington) (LD)]

Does the right hon. Lady agree with another of Alison Stanley’s recommendations, which is about trying to ensure that there are no further cases of bullying and harassment? She recommends that all Members should go on the Valuing Everyone training course, which I am pleased to say I went on yesterday and would thoroughly recommend to all Members.

[Andrea Leadsom]

The right hon. Gentleman is absolutely right. I had the great pleasure of going, with my hon. Friend the Member for Chelmsford (Vicky Ford), to one of the first prototypes of the Valuing Everyone training. I join him in thoroughly recommending that all colleagues undertake that training. It is quite insightful and extremely helpful.

Let me move on to address further points made in Alison Stanley’s report that should inform the roll-out of the responses to the Cox inquiry. Alison Stanley talks about independence. Quite often, people who want to come forward with a complaint will be concerned that they do not want it to be discussed with somebody whom they may then come across, whether in a corridor, a Select Committee or, indeed, the Terrace café. They do not want to feel that they are going to bump into the person, so the scheme’s true independence is vital, and Alison Stanley makes strong recommendations in that regard on which we should focus.

I wish to focus my remarks on the final point, which is about the ownership of the scheme. This goes right to the heart of what my right hon. Friend the Member for Basingstoke and the hon. Member for Birmingham, Yardley said: who owns this scheme? We want to see things happen—we all say that it is not happening fast enough and ask why. The reality is that the recommendations in the Stanley report set out the problem rather than the solution. Using her best efforts, she has in effect sought to use current parliamentary processes to try to find a little scrap of accountability somewhere. I am afraid we are going to have to change that, so I shall focus on some specific recommendations.

First, the House of Commons Commission has struggled to tackle issues—not only this one, but others—at pace. The Commission should meet every week, not every month, and should have a much shorter, more focused agenda. The Clerk of the Commons and the director general should be voting members, not people who just sit there giving comments and are then overruled. They are clearly the two humans who are accountable for many issues, including the roll-out of this scheme and of changes to the culture, so it is right that they have a say on the House of Commons Commission.

The Commission’s meeting times should be fixed, and if the chair is unable to attend, as is often the case, an alternative—I suggest it should be one of the external commissioners—should step in and chair the meeting instead, rather than it being cancelled or delayed, as happens now and is often a problem for the other attendees. The minutes of House of Commons Commission meetings should be circulated promptly within a couple of days, in line with best practice in the business world, not with the agenda for the next meeting, as so often happens now.

On the point of the hon. Member for Birmingham, Yardley, MPs should be elected on to the House of Commons Commission. Colleagues are saying, “I don’t know how the House of Commons Commission works. What does it do?” The reality is that if Members were elected to it, they would find out. In the House of Commons, we should be electing the members not only of the Commission, but of the Standards Committee. It should not be the case that somebody who might be dangerously independent is muzzled.

[Chris Bryant]

It is almost a shame to see the right hon. Lady on the Back Benches—no, it is a shame to see her on the Back Benches not least because she was taking this matter forward with such verve and energy and I applaud her for that. She knows that I completely agree with all the recommendations that she has made thus far. We should be electing people on to the Commission, and the Commission should be meeting far more frequently so that it can transact more business more swiftly. Should we not also be electing all of the House Committees so that they can feed into the Commission more effectively?

[Andrea Leadsom]

The hon. Gentleman and I have had lots of conversations about this. We are in complete agreement, and I am quite sure that he and I would make a good fist of proposing a wholesale set of changes for the House of Commons Commission, including for the Finance and Administration Committees, but that is not the subject for today. None the less, what the whole issue of culture change in this place highlights is the need to change the way that we manage it, which is why I want to focus specifically on our recommendations for changes to the House Commission.

The final point on which I would like to focus is that, in dealing with culture change, we really have to do so in a bicameral way. I will not go through the sequence of events, but, essentially, we approved our report in July. The House of Lords approved theirs in November of that year. It was only in May of this year that they changed their standards Committee, so we are completely out of step. What they have agreed is not the same as what we have agreed, and this issue is absolutely integral to the point about sanctioning. I want to talk briefly about that before I draw to a close.

I am delighted to see that a number of members of the working group are here today and I thank them all again for what was such a fantastic cross-party collegiate piece of work. Let us be clear: this is not all about MPs. Members employ staff, the House employs staff and there are many, many contractors here. There are 15,000 people who work in the Palace of Westminster. Although this is not all about MPs, there are some really important considerations for them.

The working group wanted to ensure that a member of staff and/or an MP or a peer could be sanctioned even if they resign or, in the case of an MP, step down or lose their seat. This is very important. In all cases, the working group felt that records of bullying and harassing behaviour should be kept so that a member of staff or a Member of Parliament could be sanctioned should they ever return to either House. In this way, an MP who was given a peerage might be rejected outright potentially by the Lord standards Committee for their previous record in this House of bullying and harassment. A member of House or MPs’ staff, or, indeed, a contractor could be sanctioned by being ineligible for a security pass should they seek re-employment in either House. These are really important points. I do not want to labour this, but I really do think that this has to be bicameral. We cannot have this going down two separate tracks so that someone can step down as an MP, go and get their peerage and then sit pretty at that end—as long as they do not repeat their nasty behaviour, they can get away with it scot-free. That point is key.

I was delighted by recent visits that I received when I was Leader of the House from Canadian and Australian delegations and by my own trips to visit the Llywydd in Wales and the presiding officer in Scotland to talk about our complaints procedure in the UK Parliament. They are looking closely at what we are doing here. What I really hope and pray for is that this old and very much loved Parliament can demonstrate real change and can provide a genuine role model for other Parliaments right around the world. If we can achieve that and truly get to the point where we treat all who work and visit here with dignity and respect, we will have achieved a lasting legacy from this generation of UK parliamentarians.