Independent Complaints and Grievance Scheme

Caroline Nokes Excerpts

Monday 16th June 2025 Commons Chamber

[Madam Deputy Speaker (Caroline Nokes)]

I inform the House that the Speaker has selected the following amendments as listed on the order paper: (a), (b), (c), (d) and (e).

[The Leader of the House of Commons (Lucy Powell)]

I beg to move,

That this House notes the report of the House of Commons Commission entitled Independent Complaints and Grievance Scheme: Policy Framework and ICGS Assurance Board (HC 579), further notes the Decisions of the Commission on 12 May, and agrees:

(1) That the ICGS Policy Framework in respect of bullying, harassment and sexual misconduct annexed to the Commission report shall have effect from 14 July 2025.

(2) There shall be a body called the ICGS Assurance Board.

(3) The ICGS Assurance Board shall conduct assurance of the Independent Complaints and Grievance Scheme on behalf of the parliamentary community, in accordance with terms of reference published by the House of Commons Commission on 17 December 2024.

(4) The terms of reference of the Assurance Board may be varied by agreement between the House of Commons Commission and the House of Lords Commission.

(5) The ICGS Assurance Board shall consist of:

(a) the Clerk Assistant,

(b) the Clerk Assistant of the House of Lords,

(c) the Parliamentary Commissioner for Standards,

(d) the Chair of the Independent Expert Panel,

(e) a Member of the House of Commons who is a member of the House of Commons Commission, appointed by the Commission,

(f) a Member of the House of Lords who is a member of the House of Lords Commission,

(g) a representative of the House of Lords Conduct Committee, and

(h) a representative of the human resources department from each House Administration.

(6) The ICGS Assurance Board shall have authority to approve ICGS Procedures, in accordance with the ICGS Policy Framework, provided that:

(a) nothing in the ICGS Procedures document may amend or override provisions in the Policy Framework;

(b) procedures cannot create new obligations for individuals’ conduct.

(7) The policies and procedures relating to bullying and harassment and sexual misconduct endorsed by the House on 19 July 2018 and amended on 17 July 2019, 28 April 2021 and 26 April 2022 shall cease to have effect on 14 July 2025, save that they shall continue to apply to any complaints received on or before 13 July 2025.

[Madam Deputy Speaker (Caroline Nokes)]

With this we shall discuss the following:

Amendment (a), in paragraph (1), after “2025” insert

“, subject to the removal of paragraphs 7.1, 9.4, 10.3, 13.2, 14.3, 17.7, 17.8 and 18.7”

Amendment (b), in paragraph (5)(e), leave out—

“a Member of the House of Commons who is a member of the House of Commons Commission, appointed by the Commission”

and insert—

“two Members of the House of Commons, elected by the House of Commons”

Amendment (c), in paragraph 5(f), leave out—

“a Member of the House of Lords who is a member of the House of Lords Commission”

and insert—

“two Members of the House of Lords”

Amendment (d), leave out paragraph 5(h).

Amendment (e), leave out paragraph (6) and paragraph 1.4 of the ICGS Policy Framework.

[Lucy Powell]

The establishment of the Independent Complaints and Grievance Scheme, known as the ICGS—the first scheme of its kind in any legislature in the world— was an important step forward in tackling inappropriate behaviour in Parliament. Its establishment was agreed in 2018 with cross-party support.

The ICGS provides a dedicated, independent mechanism for handling complaints of bullying, harassment or sexual misconduct in both Houses. It deals with those complaints assiduously and anonymously, with a professional, well-resourced team, and has a range of appropriate sanctions and mechanisms at its disposal. The ICGS works alongside the independent expert panel, which determines appeals and sanctions for cases that have been brought against Members of Parliament. These arrangements ensure complaints are investigated fairly, objectively and to a high standard.

The ICGS has been an important driver in establishing higher standards and improved culture in Parliament and we should all support it. I thank the ICGS for its continued work, and in particular the contribution of its director, Thea Walton, who will be stepping down from her role later this year.

Last year, Parliament published the findings of an independent review into the effectiveness of the ICGS, conducted by Paul Kernaghan. The review broadly praised the ICGS’s performance, with Kernaghan being clear the ICGS is making a difference to standards in Parliament, and has demonstrated its ability to hold people to account for unacceptable behaviour. He said that the ICGS is something

“the parliamentary community should take pride in”.

The review found that the scheme has continued to take positive steps to improve timeliness and the quality of its service. Of course there is always more work to be done. It should rightly have the ambition to be the gold standard in workplace grievance schemes. In total, the review made 26 recommendations. Of those, eight have already been delivered, and a further eight will be taken forward should the motion before the House be agreed. Work on the remaining recommendations is under way. These are recommendations from an independent review of the independent grievance scheme of this House: they really should not be contentious.

Kernaghan’s first recommendation is to consolidate the various policy and procedure documents into one policy document and one procedure document, and that the existing ICGS assurance group should become a permanent ICGS assurance board.

--- Later in debate ---

[Lucy Powell]

It is important that we advertise this service—the hon. Gentleman is absolutely right to do that. Any member of staff, any Member of Parliament or anybody working in the broader parliamentary community who has been subject to bullying, harassment or sexual misconduct should get in touch. There is a helpline, and there are well-advertised ways of getting in touch with the ICGS, not just to make a complaint but to get advice about whether a complaint is in scope and can be taken forward. As I said earlier, the ICGS has a range of means: it does not always involve a full investigation with sanctions. The ICGS might often come to some resolution, and there are other means through which any such behaviour could be resolved. I thank the hon. Gentleman for raising that point, because it is important.

To be absolutely clear with the House, the policy framework of the ICGS remains a matter for this House. That includes the definitions, parameters, obligations and key rights and permissions of the scheme as well as its scope. I have laid in the Library and attached to the motion on the Order Paper a letter from the ICGS that sets out the difference between policy and procedure, because I know that is of concern to people.

Colleagues may want an update on a couple of other recommendations from the Kernaghan review that are not a matter for the motion today. Recommendation 3, which asks that political parties work more closely with the ICGS when dealing with complaints through a memorandum of understanding, is being taken forward by the Modernisation Committee with the co-operation of the political parties, and I thank all those concerned for that. The House has also taken forward recommendations on behaviour training. As of the end of March 2025, 639 out of 650 new and returning MPs have attended behaviour training.

Taken together, the recommendations from the Kernaghan review will improve ICGS performance and accountability, provide greater clarity about where complaints should go and how they should be dealt with, and speed up necessary changes to its day-to-day procedure. In total, they will improve behaviour and culture in this place. This is an important moment for the House to come together, I hope, on a cross-party basis, to show that we stand behind the ICGS, what it stands for and the work it does, and to show that we will improve and take forward the independent recommendations to keep improving its work.

I am disappointed that Opposition Front Benchers have broken with years of consensus on this matter to oppose some of the changes proposed, which came from an independent reviewer. I see that the hon. Member for Christchurch (Sir Christopher Chope) is not in his place, despite his amendments being selected. His amendments, which are supported by Members on the Conservative Front Bench, undermine the integrity of the Kernaghan review recommendations, and I cannot support them. I hope the shadow Leader of the House will take the opportunity to distance himself from those amendments. The reputation of Parliament is low, with poor trust in politics and politicians, and it is for all of us to turn the page on that era.

The safety of those who work on the estate is paramount. I am clear, as I am sure everybody is clear, that there is no place for bullying, harassment or sexual harassment in Parliament. Those who perpetrate it should be accountable and sanctioned where necessary. I commend these recommendations to the House and call on all Members from all parties to support these improvements.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Leader of the House.

--- Later in debate ---

[Rachel Blake (Cities of London and Westminster) (Lab/Co-op)]

I declare an interest: I am a member of the House of Commons Commission, which has nominated me as a member of the independent complaints and grievance scheme advisory group, so I am a member of the group that we are discussing.

When I was first elected, I attended the training on the ICGS, along with my colleagues from the 2024 parliamentary intake, and I was deeply sobered by some of the appalling behaviour I heard about—examples of why the ICGS had to be brought in. I am very grateful that the ICGS is in place, and I know that my staff and other members of the parliamentary community are also grateful for this independent process through which people can raise their complaints and grievances. I fundamentally disagree with the shadow Leader of the House, the right hon. Member for Hereford and South Herefordshire (Jesse Norman), in his characterisation of the scheme, and I disagree with the way that the powers of the advisory group have been characterised. At no point does the advisory group have a chance to make any particular judgments about individuals. As the Leader of the House set out, the advisory board governs the procedures that establish how the scheme should operate, through its independent investigators.

Without an independent complaints and grievance scheme for this parliamentary community, we would be far poorer. In this day and age, when trust and confidence in politicians is at an all-time low, it is vital that we are open to scrutiny, and that we attract all possible talent into the parliamentary community. That will happen only if people feel safe to work here. We must have confidence that an independent scheme is available to everybody who chooses to work here, so that they can safely do their jobs.

I hope that everybody supports this motion—I understand that there will not be a Division—and I welcome this opportunity to celebrate the positive work done in this area by the Leader of the House. It is regrettable that all the work she has put into trying to encourage cross-party support for this measure was not recognised by the shadow Leader of the House. His characterisation of that discussion was not representative of what actually took place, but I look forward to there being more support for the motion from other Members of this House, perhaps from other parties, who recognise how vital this independent scheme is for the whole parliamentary community.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.

--- Later in debate ---

[Laurence Turner (Birmingham Northfield) (Lab)]

I intend to speak briefly, and I draw the House’s attention to my role as chair of the parliamentary group for the GMB, the union that represents the largest number of workers on the parliamentary estate, and to my declarations to that effect in the Register of Members’ Financial Interests.

Parliament is, on the whole, a more professional, safer and more sober place to work than it once was. Such progress, however, is no excuse for complacency. Inappropriate and predatory behaviour can occur anywhere, but the risk factors are higher here, and I pay tribute to all the workplace representatives who have worked quietly down the years to raise standards and challenge poor practice in this place. I welcome the steps outlined in the motion to clarify and strengthen the ICGS, and I also wish to comment briefly on the Opposition amendments.

The shadow Leader of the House said that amendment (e) will not be moved, but we did not hear about amendment (a), which is in the name of a Back-Bench MP, but is co-signed by the shadow deputy Chief Whip, the hon. Member for Beaconsfield (Joy Morrissey). If I have understood the amendment correctly, it would strike out the scope for collective complaints, and it would block the investigation of complaints if a police investigation has not resulted in a conviction, even though the standard of proof is different for the two things. The amendments would also, as far as I can tell, prevent the reinvestigation of a complaint if a respondent succeeds in persuading or pressurising a complainant into withdrawing. That point was made powerfully by the hon. Member for Chelmsford (Marie Goldman). Amendment (a) could provide a cover for abuse, were it agreed. That is plain and apparent, and it is a matter of deep regret that it appears to have some degree of sponsorship from the Opposition.

While I do not wish to depart today from the recommendations of the Kernaghan report, I will raise some matters on workforce representation. We have already heard that the workforce representatives in this place will continue to be consulted, and that is welcome. Can the Leader of the House confirm whether workforce representatives will be able to attend meetings of the assurance board in an observer capacity? It would also be good to hear whether there will be scope for direct representation of those workforce voices on the assurance board. That would improve its functioning. I know that she recently met GMB reps to discuss those same concerns, and I hope that she can comment further tonight.

Finally, some 7,000 people provide support to parliamentarians. They all deserve to work in a modern environment, secure in the knowledge that there is a robust and independent process providing accountability and redress if they are mistreated. The politicisation of those processes in recent years is deeply regrettable, and I hope that cross-party support for them can be swiftly restored.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Standards Committee.

--- Later in debate ---

[Lucy Powell]

The issue of scope was covered in the Kernaghan review. Kernaghan made it clear that the scope of the ICGS in when a case involves any two or more members of the parliamentary community. Perhaps there have been times when that scope has been unintentionally narrowed operationally. What the Modernisation Committee is considering is recommendation 3, which relates to a memorandum of understanding between the political parties and the ICGS in relation to how they deal with complaints. I think we can all agree that when complaints are within the scope of the ICGS, they should go to the ICGS and not to political parties, which, unfortunately, have shown themselves not able to deal with such complaints in the same way. That is not just a matter for the Modernisation Committee; it is a matter for the political parties as well, and we are making progress in that regard—particularly with the Labour party, which is keen to engage with the issue.

I will not detain colleagues much longer, but I will pick up on a few points that have been raised. I thank my hon. Friend the Member for Cities of London and Westminster (Rachel Blake) for her brilliant contribution, and for all the work that she is doing on the House of Commons Commission and the assurance board. As ever, I thank my colleague on the commission and the Modernisation Committee, the hon. Member for Chelmsford (Marie Goldman), who made an excellent contribution on why the amendments are gutting amendments, which we should not support.

In response to my hon. Friend the Member for Birmingham Northfield (Laurence Turner), I put on record my thanks to the trade union reps who operate in this House. They should absolutely be involved, through the stakeholder group, in a formal consultation about any changes to procedure. After this debate, I will approach the ICGS to ask it to consider allowing the trade unions to attend meetings of the assurance board in the same capacity in which they come to the House of Commons Commission to make representations, because that will be important.

Finally, I want to take on the arguments made by the shadow Leader of the House. First, these are not my proposals—they are not Government proposals. This is a motion on the business of the House in my name, because that is how such motions get to the Floor of the House. These proposals were put forward by an independent review—to which all political parties and all Members of this House had the opportunity to contribute—of an independent grievance scheme, which has rightly improved behaviour and standards. They are not my proposals; they are independent proposals. This body will not be setting the rules—that is just wrong. It will be looking at procedures, and at how they can be streamlined and made more effective. As I have just said, the rules—that is, the policies—will continue to be set by this House.

It is about time we moved on from the age-old argument that Members of this House have a right to behave however they want and the only time they are accountable for that is at the ballot box five years later. That is the argument that the shadow Leader of the House was proposing—I am sorry, but we put that argument to bed a long time ago, as I think the Chair of the Committee on Standards agrees.

If colleagues, cross-party, support the ICGS and the improvements in behaviour and culture that it has brought to this House, and if they want to see that body becoming more effective and having more timely and quality investigations, they really need to support today’s motion. As others have said, we all have a duty to ensure that this is a workplace where people can work safely and securely, free from bullying, harassment and bad behaviour.

[Madam Deputy Speaker (Caroline Nokes)]

Amendments (a) to (e) have been selected for separate decision. However, I understand that no Member wishes to move them, so I will move straight to the main Question.

Question put and agreed to.

Resolved,

That this House notes the report of the House of Commons Commission entitled Independent Complaints and Grievance Scheme: Policy Framework and ICGS Assurance Board (HC 579), further notes the Decisions of the Commission on 12 May, and agrees:

(1) That the ICGS Policy Framework in respect of bullying, harassment and sexual misconduct annexed to the Commission report shall have effect from 14 July 2025.

(2) There shall be a body called the ICGS Assurance Board.

(3) The ICGS Assurance Board shall conduct assurance of the Independent Complaints and Grievance Scheme on behalf of the parliamentary community, in accordance with terms of reference published by the House of Commons Commission on 17 December 2024.

(4) The terms of reference of the Assurance Board may be varied by agreement between the House of Commons Commission and the House of Lords Commission.

(5) The ICGS Assurance Board shall consist of:

(a) the Clerk Assistant,

(b) the Clerk Assistant of the House of Lords,

(c) the Parliamentary Commissioner for Standards,

(d) the Chair of the Independent Expert Panel,

(e) a Member of the House of Commons who is a member of the House of Commons Commission, appointed by the Commission,

(f) a Member of the House of Lords who is a member of the House of Lords Commission,

(g) a representative of the House of Lords Conduct Committee, and

(h) a representative of the human resources department from each House Administration.

(6) The ICGS Assurance Board shall have authority to approve ICGS Procedures, in accordance with the ICGS Policy Framework, provided that:

(a) nothing in the ICGS Procedures document may amend or override provisions in the Policy Framework;

(b) procedures cannot create new obligations for individuals’ conduct.

(7) The policies and procedures relating to bullying and harassment and sexual misconduct endorsed by the House on 19 July 2018 and amended on 17 July 2019, 28 April 2021 and 26 April 2022 shall cease to have effect on 14 July 2025, save that they shall continue to apply to any complaints received on or before 13 July 2025.