Business of the House

Debate between Jacob Rees-Mogg and Alberto Costa

Thursday 21st January 2021 Commons Chamber

[Mr Rees-Mogg]

The hon. Lady is right to say that the aim of the Government was to prevent evictions during the pandemic, but also to ensure a proper and fair relationship in these difficult times between landlords and tenants. It is very difficult, from the Dispatch Box, to answer individual constituent concerns without notice, but I will undertake to take this matter up with the Ministry of Housing, Communities and Local Government.

[Alberto Costa (South Leicestershire) (Con) [V]]

I am chairman of the all-party group on microplastics and, working with colleagues from across the House and the wonderful National Federation of Women’s Institutes, we are considering the impact microfibres released from textiles in commercial and domestic wash cycles are having on our marine environment. The UK has taken a global lead on tackling microplastics in our oceans, including the introduction of the ban on microbeads in 2018, but does the Leader of the House agree that debating this issue in Parliament would help us all to understand the potential risks posed by plastic microfibres entering our marine environment?

[Mr Rees-Mogg]

I am delighted to hear about the work of the National Federation of Women’s Institutes, which does such important work across the country. My hon. Friend is right to say that the ban on microbeads in shower gel and other similar products has stopped billions of pieces of plastic from entering the marine environment. It is also right to say that more needs to be done to tackle other sources of microplastics. The Government have been engaging with industry to encourage businesses to do more, including signing up to Operation Clean Sweep to prevent pellet loss. I encourage my hon. Friend to continue his good work, though he may in the first instance want to seek an Adjournment debate.

Business of the House

Debate between Jacob Rees-Mogg and Alberto Costa

Wednesday 30th December 2020 Commons Chamber

[Mr Rees-Mogg]

The action taken so far has been absolutely unprecedented. Over £200 billion of taxpayers’ money has been dedicated to helping the economy; 12 million jobs have been protected through the furlough scheme and self-employed schemes, at a cost of £56 billion; thousands of businesses have been helped with over £100 billion-worth of support in loans, VAT deferrals, business grants, business rates relief and targeted grants and VAT cuts; the furlough scheme is continuing during this period for all parts of the United Kingdom until March; and the self-employed grant covers up to 80% of profit. A great deal is being done to help businesses, and local authorities have specific funds that they can use to help businesses that may otherwise not be able to achieve help through the specific schemes. A great deal is being done, the Chancellor has come to the House regularly and there will be a debate on covid on the Tuesday after we return.

[Alberto Costa (South Leicestershire) (Con) [V]]

A very happy new year to you, Madam Deputy Speaker, and indeed to all the staff and the Leader of the House. Two weeks ago, the inquiry I chaired for British Future, that respected independent think tank, published its “ Barriers to Britishness” report, seeking a new approach to British citizenship policy. Its recommendations included the awarding of honorary British citizenship to migrants who have contributed in an outstanding and exemplary manner to our British society. Would the Leader of the House support a debate on how we can improve on citizenship policy?

[Mr Rees-Mogg]

I am tempted to go back to Don Pacifico, because he was a British citizen by virtue of being born in Gibraltar, yet his British citizenship was upheld by the then Government—by Palmerston—regardless. I think that British citizenship is equal among all of us, and that all British citizens, whether they have been British citizens through their families for hundreds of years or they became a British citizen five minutes ago, are equally British citizens, equally subject to the protection of law, equal in front of the law and equally part of our democratic society. We should all give that message, and everything my hon. Friend does to encourage that I fully support.

Independent Complaints and Grievance Scheme

Debate between Jacob Rees-Mogg and Alberto Costa

Tuesday 23rd June 2020 Commons Chamber

[Mr Rees-Mogg]

This is a dreadful position for us to be in as a House. The behaviour of a small number of Members of Parliament over years and decades has disgraced and shamed our parliamentary democracy, of which I, and many hon. Members, are so proud. Our ancient right that we should look after our own affairs is to be sacrificed, because the importance of restoring the trust of the British people in our system makes that the right thing to do. How we treat each other matters at all times in all places, but particularly in Parliament. It matters wherever people work together, for everyone should be able to perform their roles in an atmosphere of courtesy and respect, and it most certainly matters in the Palace of Westminster.

There are about 13,000 passholders with access to the parliamentary estate. In recent years, we have been trying hard to create the kind of culture that prioritises having a safe working place where people are afforded respect and which enables them to speak out and be confident that they will be listened to. My predecessors, particularly my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), made an enormous contribution to that effort by achieving cross-party agreement for the establishment of an Independent Complaints and Grievance Scheme. That we had to do so is an indication of how far some in this institution had failed and had not lived up to the standards required of them.

The ICGS has already been approached by a large number of people, receiving 201 calls and emails in the first quarter of this year alone from those who feel that they have faced bullying, harassment or sexual harassment. However, there are some complaints that have not yet come forward because of the concerns of the complainants that Members continue to play a role in the sanctions process. This is where we have the greatest challenge in restoring trust: not just between us and voters, but between us and those who work in this place.

The approach I am putting forward today is motivated by supporting those who need to make complaints and allows for the restoration, I hope, of our reputation. Since becoming Leader of the House, I have spoken to a number of complainants and potential complainants about the progress made so far. Every conversation I have had has left me profoundly moved and, in some cases, shocked and appalled by some of the things that have happened to people in this House, some of which seem to me to reach the threshold of criminal activity. This place, which ought to be the epitome of good behaviour, has been besmirched by that. I am therefore determined to do more to continue the momentum for sustained culture change that was begun in the previous Parliament.

I, of all people, cannot pretend that I like abandoning some of the ancient responsibilities and rights of Parliament, but it is our fault that we have to do this and so it is right to change. There is a problem of the power dynamic which can occur wherever those in a position of influence assume that they are able to act without consequences, so it is right that we seek to change the culture in order to challenge that assumption. In Westminster, we have introduced a behavioural code; established the “Valuing Everyone” training; replaced the Respect and Valuing Others policy with the ICGS; and extended the scheme to include historic allegations of some former members of the parliamentary community. The latter two steps were the result of Dame Laura Cox’s recommendations made in her report on the treatment of House staff. Her third recommendation, however, remains outstanding: that Members of Parliament should no longer be able to determine the sanctions imposed.

It is no coincidence that that outstanding recommendation is by some distance the most constitutionally challenging and the most significant, too. Under our current arrangements, the Parliamentary Commissioner for Standards has the power to determine cases and impose sanctions up to a certain level of severity. Until now, more serious cases, including suspension and expulsion from the House, have been for the Committee on Standards to determine. In February, the House of Commons Commission agreed its preferred option of those presented by the staff team on a means of changing that: that there be an independent chair and seven expert panel members, none of whom will be MPs. The panel should be empowered to determine ICGS cases, decide on sanctions, and hear appeals by either party against the Parliamentary Commissioner for Standards’ conclusions. That proposal has been the subject of consultation over recent months and Dame Laura Cox herself was among those who supported that approach.

While I am taking steps to strengthen it further, I am supportive of the House of Commons Commission’s proposed solution overall. Placing decisions of this kind in the hands of an independent expert panel is a fundamental break with the past that reflects our continuing efforts to make Parliament a better place to work.

[Alberto Costa (South Leicestershire) (Con)]

I wholeheartedly welcome the momentum for having a system that is fair and transparent. The Leader of the House referred to the constitutional significance of the creation of this new independent body. Is he aware of an independent body in any part of the UK with such sweeping disciplinary powers over its members that is not justiciable? My concern is that if an accusation is made against Members, they will not have any recourse to a court of law, whereas if an accusation of bullying against a member of House staff or Members’ staff is upheld by the panel, they would have recourse to a court of law or an employment tribunal.

[Mr Rees-Mogg]

The question of parliamentary privilege applying to the ICGS is one that will have to be determined by a court, and it is not entirely clear whether they would be covered by the article 9 rights. The reason we have to have a final vote in this House is that there is no court outside Parliament that can question the proceedings in Parliament. That is at the heart of the constitutional dilemma that we have been facing. It is also why we are making this fundamental break with the past.

In allowing an independent body to take such action we are making a really important constitutional change. We are doing this—and we are right to do this—because of the way that some Members have behaved, and we have to stop that happening in the future. As Leader of the House, I am ashamed when people come to see me and tell me what they have suffered; I am appalled at the stories they tell me and shocked sometimes that they have not been to the police about them when they are so awful. That is why we have to have this change, which hits at the heart of our constitution. The House knows that I have an admiration and affection for our constitution that does not seek to change it lightly.

Let me come to the panel and the level of member that we expect. The panel’s members must bring significant expertise to the process, and we will expect it to be led by somebody who has a standing equivalent to that of a High Court judge. It must also include knowledge of human resources, employment law, bullying and harassment cases and sexual harassment cases. In a serious case, three of the independent experts would consider the sanction in the light of the report and recommendation of the Parliamentary Commissioner for Standards. A further three would act as an appeal panel if necessary.

In cases considered by the panel that propose sanctions requiring action by the House, the panel would report directly to the House. At that stage, a motion would be moved by a member of the House of Commons Commission to implement the sanction, and it is at this stage where we find ourselves on the horns of a dilemma. On the one hand, it is constitutionally proper that a decision of this magnitude—the expulsion or suspension of a Member—can only be taken by the House as a whole. It is removing, in effect, albeit temporarily, the democratic representation of tens of thousands of people, and we can only take away that democratic representation by a motion of this House. It does not seem right that a decision that could overturn the result of an election in a constituency could be taken by unelected individuals.