Members of Parliament: Risk-based Exclusion

Geoffrey Clifton-Brown Excerpts

Monday 12th June 2023 Commons Chamber

[Penny Mordaunt]

I agree with my hon. Friend, and thank her for the work that she has done. We have an obligation to members of staff on the estate, and we have an obligation to Members to ensure that matters are treated confidentially. We also have an obligation to ensure that our principles and the minutiae of our schemes are compatible with fairness and natural justice.

[Sir Geoffrey Clifton-Brown (The Cotswolds) (Con)]

Will those accused have an adequate opportunity to present their own defence, and will they be informed of what the offence is?

[Penny Mordaunt]

The answer is yes, in both cases. The scheme does not sit in isolation. In circumstances such as this, there tends to be a conversation with the Member concerned and with the Whips Office, and the Member may remove himself or herself from the estate on a voluntary basis. This will apply in a tiny number of cases, and the motivation for it is not just a duty of care to colleagues and members of staff on the estate, but ensuring that an individual who is trying, in what we all know are very difficult circumstances, to keep matters confidential is not put in a position that could make the situation a great deal worse. These are very difficult, complicated matters, and it is good that we are discussing them this evening.

When we decide rules and processes in this place, it is important that we stick with them. We as individuals cannot outsource consideration of such matters to other individuals or Committees, or pretend that the problems do not exist. We cannot shirk our responsibility to find solutions to them, or turn a blind eye when we see wrong being done. The letter of the law requires the spirit of the law to be followed as well, and trust will not be built without a commitment from all of us.

With that in mind, I am taking forward two new pieces of work that are relevant to the matter we are discussing this evening. First, I recommended to the Commission that we get someone to take a look at the entire standards landscape. Was it fit for purpose? Was it something of which we could be proud? The Chair of the Standards Committee, the hon. Member for Rhondda (Sir Chris Bryant), is engaged in that work, and I know that he wants to look at the whole landscape. I, as Leader of the House of Commons, am bringing someone in to advise me on these matters, which I hope will provide us with an additional sense check on the quality of what we do, the culture of our unique community, and its alignment to justice, fairness and good practice. I will make the findings available to the Commission, the Standards Committee and others with an interest in these matters.

Secondly, I have long argued that we will only arrive at what good looks like if we, as the House of Commons, work in partnership with political parties and others who can help to strengthen democracy and improve the work that we do here. I am therefore launching a forum enabling political parties, Government, Parliament and other relevant stakeholders to come together and tackle specific practical issues of concern. That will complement the work of the defending democracy taskforce.

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[Penny Mordaunt]

I completely understand. As I say, this is a rare set of circumstances. The way things are dealt with normally has stood us in good stead, with the exception of the fact that those people are disadvantaged because they cannot vote on the estate. We are talking about a narrow, hypothetical set of circumstances that we have been asked to suggest an answer to. The hon. Gentleman is absolutely right: this needs to be compatible not just with the principles of this House but with the individual’s human rights. That is an important, fundamental point.

[Sir Geoffrey Clifton-Brown]

Will the Leader of the House give way?

[Penny Mordaunt]

I am sorry, but I am going to conclude because I am trying the patience of colleagues. I will be happy to respond to any points on behalf of the Commission this afternoon and I thank all Members and House staff who have helped to bring forward these proposals. I want to reassure Members that these matters are for the House to decide and that all members of the Commission are here to listen this afternoon.

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[Thangam Debbonaire]

The panel will be the decision-making body that comes after the four senior members of House staff have considered an investigation and the evidence; have done a risk-assessment process, which they will consult on with relevant external experts; and have then made a risk-mitigation plan, which they will then propose to the decision-making panel. I agree that we use the term “exclusion” too often when, actually, it is only one of many possible mitigations.

When the ICGS was introduced, people made a strong case for it to be confidential, so it will not feed into the process at the moment, but I remind all colleagues of the review later this year.

If this proposal is passed by the House, investigations will initially be assessed by a group of senior House staff and a mitigation plan proposed. The mitigation plan will then go to the decision-making panel, which will make a decision on behalf of us all. It is very important that MPs can be excluded only by other MPs, which is why we came up with this proposal. We have also responded to some people’s concern that we need an external voice. I am keen to hear from other Members about whether we have the right composition.

The mitigations could include exclusion. Before I came to this place, I worked with very violent offenders at different points in the process, usually pre-trial or pre-civil proceedings, and our aim was safety. At the same time as trying to achieve safety, we had the important principle, which Members have raised, of people being presumed innocent until proven guilty.

[Sir Geoffrey Clifton-Brown]

The shadow Leader of the House is making a very thoughtful speech. She has satisfied me on the first of my two points: that a person knows there has been a complaint, because there will have been a complaint to the police. My second point is that it is a fundamental tenet of universal human rights that a person who is complained about should have the right to make their own defence. Can she confirm that, under this procedure, such a person will have the right, at every stage, to make their own defence? They might have a perfectly good and reasonable defence as to why this should not take place.

[Thangam Debbonaire]

Yes, they will, in so far as the criminal justice system provides it. This is only until the criminal justice system concludes its investigation, which could be because the police drop the case, because the Crown Prosecution Service concludes that there is not enough evidence or because the case proceeds to trial—that will be where an accused person has the right to defend themselves, because they are not being accused by this House or by an individual Member. It will be the police who bring the information to the House.

[Sir Geoffrey Clifton-Brown]

I am sorry to try the House’s patience but, politics being what it is, there is every possibility that a serious vexatious complaint will be made, and the police would have to take it very seriously because it is a serious complaint, but it might be totally fallacious. It is only right that, in this procedure, whoever is accused of a very serious offence should have the full right to defend themselves.

[Thangam Debbonaire]

I understand the point the hon. Gentleman is making, and I have made a clear note for us to consider it in our further deliberations following this debate.

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[Sir Geoffrey Clifton-Brown]

I greatly respect the hon. Member’s work in this whole area, and I agree with his two principles on safeguarding and fairness. What we have been debating and asking about is how the panel comes to a decision. It is a serious decision, because that person who is excluded from this place may well eventually be found innocent, but the reputational damage is so great that he might lose his job as a Member of Parliament. This is therefore an extremely important matter. How can it possibly be fair that that panel, in coming to that judgment, cannot hear from the person himself or herself as to why they should not be excluded? Surely that cannot be a fair system.

[Sir Chris Bryant]

I will come to that point, but I will take it in a slightly different direction from the one the hon. Member is aiming at, for the simple reason that when the panel meets, it is not deciding whether somebody is innocent or guilty. I presume that in every instance, the Member themselves would want to co-operate with that process, because it will be in their interests so to do. That would mean they would probably take a voluntary exclusion and decide not to be here, which need never come to public attention. We have got a bit obsessed with exclusion in this process when the likelihood of an exclusion is maybe one or two a Parliament at most.

There are other measures it might be sensible to take. For instance, say a Member has been charged, for the sake of argument, with a violent offence in a pub. We might decide that it would be wise for the House to say that that person should not attend any of the bars in Parliament. Say somebody has been charged, for the sake of argument, with an offence relating to a younger member of staff. Although that name would not be known publicly, we might decide that it was sensible to say that they should not be working in an office environment where there are closed doors or where it is just them and that member of staff. We might say, “We are going to move your office. We will put you in a place where you are working in a set of rooms with other people around as well.” That would be a sensible measure.

My point is that what we do would always have to be proportionate to two things: first, the offence we are talking about; and secondly, the stage at which we are in the process. As the hon. Member for Bracknell said, nearly all these things might only apply at charge, but it might apply at police bail. If the police have gone to a court and explained to a judge that they need to take measures, the House might want to take similar measures. My point is that it all has to be proportionate to the potential offence we are talking about, to the risk that there genuinely is and to the stage at which we have got in the process.