Members of Parliament: Risk-based Exclusion

Debate between James Sunderland and Charlotte Nichols

Monday 12th June 2023 Commons Chamber

[James Sunderland (Bracknell) (Con)]

As a member of the Procedure Committee, this subject is of great interest to me, as it is to all members of the Committee. My position may not be completely beholden to that of the Committee’s Chair, so I declare that interest straight away.

For three and a half years, I have spent much of my time in this place inadvertently comparing the two institutions in which I have served: the Ministry of Defence, and the Army in particular, for 26 years and this place, as an MP since 2019. They are quite different as institutions. I shall make just a few comparisons that are, I think, useful to the debate.

First, if a member of the armed forces is accused of a crime, serious or otherwise, there is a presumption of innocence. That should be at the heart of this particular debate, as we heard earlier. The MOD has a “leave no man or woman behind” policy. It is very important that an individual who is charged or under investigation for a serious complaint is not excommunicated. The MOD deals with that often by managing it in-house or, if necessary, by moving the individual to another unit so that they can continue their responsibilities and duties elsewhere. It is important, of course, that they are not separated from the chain of command. Why? Because it is important that the chain of command gives them the moral, legal and welfare support that they need, although they may well be separated from members of the unit who might be involved or who made the accusation. It is important that we manage it in the right way, and I think that that responsibility is important in the House, too.

I thank the Leader of the House and the shadow Leader of the House, as well as the Commission, for the effort that has gone into the report so far. We are 95% there and I am very happy with the recommendations as they stand, but I just want to draw attention to a couple of things that I think can be improved. The important thing for me is that we have a clear duty of care to all those in this place, no question about it, but that duty of care also exists towards the individual who might be accused of a particular offence. That is the theme I want to focus on.

I will be quite honest. I have been appalled at times by the ease with which we hang colleagues out to dry here in Westminster—not mentioning any names at all. When we come to this place, it is a big thing. We work hard to get here. Reputations are important and the way in which colleagues have been asked to leave the estate, or asked voluntarily to do so, for things that have been alleged is quite a brutal process. We have to respect the fact that that colleague might also need some support. We are, of course, a team, whether we are the Conservative party, the SNP, the Lib Dems or Labour, and we as Members have a responsibility to each other irrespective of the colour of our cloth.

When the headlines hit, phones can go silent. Colleagues are in the spotlight. They are vilified on social media and they are on their own. We must also remember that we are all colleagues, and all those who are not currently on the estate are also colleagues. Let us not forget that. Reputations are in tatters and it may be impossible for someone to recover from that, even if they are completely innocent of all the charges.

I think that we can do better in this place not just for the staff who are here, but for the accused. For me, the basic tenet of the entire debate is that colleagues have to be innocent until proven guilty. Yes, we are MPs; yes, we have to maintain a certain standard; but it cannot be the case that we are guilty until proven innocent. We must be innocent until proven guilty. That must lie at the heart of how we take this forward as a House.

I want to raise just three core tenets for the process. The first is the make-up and scope of panels. In this place, they have to be run by Members. For me, Members cannot be subjugated by a staff panel, irrespective of what job we are trying to do. Therefore, this must be managed and run by Members for the benefit of Members. When it comes to voting, it is up to this House to vote on which way we want to take it, not up to staff panels to do that on our behalf.

The second tenet is that the point of assessment for exclusion cannot be proposed at any point in the justice process, as is currently in the Commission’s report. In my view, it needs to be dependent on a charge being brought. In my view, just being accused of something is not justification enough for separating a Member from this place—we must be innocent until proven guilty. The report says:

“If charged, were it considered that a member was dangerous to the public, then he or she would be held on remand, and therefore, unable to be present on the estate…To exclude a member who has not even been charged, whatever accusations might be made, would be a fundamental denial of the principle that people are innocent until guilt is properly determined.”

That came out loud and clear in the report and, again, lies at the heart of the matter. A criminal charge, in my view, is the right threshold, although I accepted earlier there are difficulties with the point at which an arrest may be made and the time that it takes between the arrest and the charge. I do not have an answer for that particular issue.

[Charlotte Nichols]

I want to make the hon. Gentleman aware that a charge in criminal law means there is a high likelihood that a jury, reasonably instructed, would find the defendant guilty beyond all reasonable doubt. That is what a charge means in law. It is not, “There is a case to answer. We’ll see you in court.” That is what it means. Does he not think that in a civil process, which this is—this is a workplace, it is a civil process—setting the point at which we as a House might act at that point in the criminal process is just too high?

[James Sunderland]

The hon. Lady is not wrong and I concur with her point of view, but of course it is entirely possible that when a charge is brought an individual may be found not guilty in a court of law. A charge does not itself define guilt. By that same token, if someone is arrested on a charge, ultimately they have to allow that process to play out until the point at which they are castigated and removed from the estate voluntarily or otherwise. I take her point, but, for me, the Commission has work to do to draw a distinction between the point at which someone is arrested and the point at which a charge is made.