Independent Complaints and Grievance Scheme

Jim Shannon Excerpts

Thursday 30th November 2023 Westminster Hall

[Dame Maria Miller (Basingstoke) (Con)]

I beg to move,

That this House has considered the work of the Independent Complaints and Grievance Scheme.

It is a great pleasure to serve under your chairmanship, Sir Robert. I am here today because the reputation of Parliament matters, and how we conduct ourselves here matters. Like many workplaces, we are grappling with issues around bullying, harassment and sexual misconduct, and we are looking for ways to not only give people routes to redress but change the culture of our organisation to ensure that such issues do not find any solace in our midst.

I stand here today representing a number of colleagues who, through the establishment of the Independent Complaints and Grievance Scheme, have become Ministers but still have very strong opinions on this issue and want to see it dealt with in the right way. I refer in particular to the pivotal role played by my right hon. Friend the Member for South Northamptonshire (Dame Andrea Leadsom), who introduced the ICGS in July 2018. She has recently taken up a ministerial position and is unable to take part in the debate, but I note that she is here in body as well as in spirit.

I also note that I was a member of the recent Speaker’s Conference on the employment conditions of Members’ staff, and the excellent report which came from that underlines the importance of the changes recommended for the ICGS, some of which have not yet been carried through in full but were part of the recommendations of the Speaker’s Conference.

This is a timely debate, because there is an independent review under way into how the ICGS has developed over the last five years. The review issued a call for evidence on 22 November, and I know that a number of colleagues will want to provide feedback through that. Because we are midway through a review, the Minister responding to the debate will inevitably be somewhat curtailed in what she is able to say. I hope that this debate gives some individuals the opportunity to recognise that they can contribute through the review and to hear from the Minister the Government’s support for this important programme of work within Parliament.

The vision of the ICGS, introduced in the wake of the #MeToo scandal, was to ensure that everybody who works in or visits Parliament is treated with dignity and respect and to underline that there is absolutely no place for bullying, harassment or sexual misconduct in any workplace, including Parliament. The scheme is there for all current and former members of the parliamentary community, not just MPs, and it is the first of its kind anywhere in the world.

The initial working group, chaired by my right hon. Friend the Member for South Northamptonshire, was made up of Members of all parties in this place, noble peers from the other place, members of staff of both Houses and trade union representation for House staff. It was a thorough piece of work, embracing a huge range of views, and it demonstrated the importance of not only enshrining those views in the process that was developed but getting their support for the recommendations.

The research into the problem and the possible solutions was incredibly detailed, taking advice from legal experts and employment advisers. A number of hearings were held, to hear the sometimes shocking stories of colleagues who work here. The result was widely consulted on with Members right across the House and was agreed on the nod; there was no dissent to what was put forward. It is important to note that the House chose to vote on the specific processes to be followed because of the possible serious sanctions involved and the nature of the allegations. When we come to review this, it is important that we also look at the fact that the process needs to closely echo what this House agreed to and ensure that there has not been any mission creep along the way.

The ICGS proposals took a holistic view, looking at change processes, and, importantly, changing the culture of the organisation—as I say, as many other organisations are doing across the country. The key features of the scheme as it was originally envisaged were: the development of a behaviour code that would apply to everyone; the development of new training to support continuous professional development; the maintenance of respectful behaviour, proper induction courses and exit interviews to identify bad practice wherever it occurs; and, of course, the independent scheme itself. Again, that is very much what other organisations are doing to try to address these sorts of problems.

The scheme was designed to enable any complainant to call a strictly confidential helpline with their grievance and have it assessed in a timely fashion by an independent case examiner, who would also invite the complainant and respondent to give their sides of the case, with witnesses if necessary, and provide for the appropriate mental health support for all parties. The issues are difficult.

Should the independent case examiner find that there was no case to answer, the matter would be dropped with no publicity or consequences. Should, however, the case be upheld, the findings would be escalated to the employer or manager of the person accused and the ICGS would identify appropriate sanctions, which would include written or oral apologies, training, a requirement to prohibit contact, and, in serious cases, dismissal of the respondent.

In instances where an MP was the respondent, an escalation through the Parliamentary Commissioner for Standards to the Committee on Standards, which could recommend perhaps a suspension, including potentially allowing for a recall vote if that was triggered. The House had to agree the scheme and the process to be followed because of the implications of the sanctions. More recently, for sanctions against MPs the Independent Expert Panel was introduced as an extra layer in the process. That was not originally considered necessary by the working group, but has been put in place subsequently.

Were the complainant to report an issue that could break the law, the ICGS case examiner offers support and guidance to the complainant to go to the appropriate police force. Should the complainant not wish to do that, the ICGS has a protocol with the Met police to enable anonymised reporting to take place to ensure safeguarding of the wider public.

[Jim Shannon (Strangford) (DUP)]

The right hon. Lady has put forward a very detailed and constructive case that needs to be looked at. Over the years, lots of constituents have come to tell me about issues to do with workforce bullying in the constituency. They tell me that their biggest concern is the time it takes for things to happen. Frustratingly, it means that sometimes they almost give up. Can the right hon. Lady confirm for all of us here, but for me especially, that the timescale will be sufficiently fast to ensure that the complaint, if upheld, can be dealt with within a 28-day timescale? Is that possible?

[Dame Maria Miller]

I thank the hon. Gentleman for his timely intervention. I will come to the specifics of that point later in my remarks. One reason for calling the debate today is that there is not that surety. The cases go on for months, not weeks, because of the number of cases that are being referred to the ICGS. There needs to be a review of how the organisation operates to address the very remarks that the hon. Gentleman has made. He is absolutely right to say that if there are allegations of serious bullying, harassment or sexual misconduct, they need to be dealt with in a timely manner. Delay helps no one—not the accused or the victim.

One working group recommendation was that Members’ staff should have access to proper human resources support and advice, which is not routinely available in Parliament at the moment. That recommendation has not been implemented, despite it being one of the important recommendations from the working group. That means that Members’ staff with a complaint have nowhere to go other than the ICGS, which is unsuitable if their complaint does not relate to harassment, bullying or sexual misconduct.

The report from the recent Speaker’s Conference has also highlighted that issue. Its recommendations recognise that if staff have concerns about their employment or if their relationship with their Member of Parliament starts to break down, there are few routes through which they can seek support. The ICGS may be the only route they are aware of, even though it may not be appropriate for their complaint. Unfortunately, that means that a significantly higher number of general complaints on issues such as working conditions or contractual disputes are being reported to the ICGS helpline, because staff have nowhere else to go.

The fifth annual report of the ICGS was published last month. It stated that only 31 of the 479 contacts to the helpline—under 10%—were about bullying, harassment or sexual misconduct. Any complaints are distressing and unacceptable in a modern workplace, but the ICGS helpline is getting clogged up by the many complaints that are outside the remit of the ICGS.

With that in mind, the Speaker’s Conference recommended that the budget of the Members’ Services Team be expanded to hire more HR professionals to deliver an HR service to Members’ staff. The ICGS was set up to deal with bullying, harassment and sexual harassment. The lack of a clear pathway for issues that would normally be dealt with by an HR department has inundated the ICGS throughout its life so far. As the hon. Member for Strangford (Jim Shannon) said, that means that the grievances of many complainants are not tackled swiftly enough, which results in further distress.

The 31 serious cases in the ICGS report show that the average time taken for a serious case to conclude is not a matter of weeks, as the hon. Member for Strangford mentioned in his intervention, but 184 working days. That is far too long for someone who has been subject to bullying or sexual harassment in the workplace. For the benefit of both sides, these things need to be dealt with swiftly.

The new director of the ICGS, Thea Walton, is committed to reducing that time, but the system has been working in that way for the past few years. We should fully implement the initial proposals that Parliament agreed when it established the ICGS. The Speaker’s Conference supported many of those recommendations, particularly the creation of an HR department for Members’ staff. That will provide a swift and timely service, and lead to the sort of culture change we all want to see—whereby people who work in this place feel valued, heard and supported if need be.

First, the review must prioritise the improvement of the timeliness of investigations through ensuring that cases are dealt with in the appropriate way and that the ICGS is not inundated; secondly, we must set up the HR department; and, thirdly, we must implement the other elements of the ICGS programme that was agreed in this place, including the establishment of induction courses for new joiners. To reiterate, I am not talking only about Members of Parliament, but the whole parliamentary community. There should also be exit interviews for those who leave abruptly, and we should promote the take-up of training courses to upskill team managers and staff more generally.

The review must consider the role of the Parliamentary Commissioner for Standards in the ICGS. The commissioner was specifically identified as the individual to whom MPs could appeal should they be subject to allegations and the case find against them. That was to ensure the possibility of an independent review of the case, and therefore to take into account the level of public of scrutiny when an accusation of bullying, harassment or sexual misconduct by an MP is made public. That appeal process meant that there was an additional check, which was capable of ensuring that decisions had been taken fairly and correctly, and had been based on evidence not bias. Should the PCS uphold a case against an MP, the process is now that the case is sent to the Independent Expert Panel, which investigates the findings and makes a recommendation. That then goes to the Committee on Standards, which will bring a recommendation to the House. That process is different from other investigations by the PCS—such as those in relation to the misuse of stationery or other more day-to-day matters—and reflects the sensitivity of these complaints about bullying and sexual harassment.

The nature of the sanctions also needs to be considered, particularly given the possibility of further appeals and the complexity of what we are talking about. The Independent Complaints and Grievance Scheme deals with some of the most difficult complaints. It does matter not only to those complainants who are reporting abuse, but also to the reputation of Parliament, that we have an effective system by which to deal with those sorts of allegations. In having an effective system, we do not only have sanctions in place; we create an environment that will enable the culture of our organisation to evolve. Too often, the ICGS is seen as being there just to punish MPs, but it is actually there for the whole parliamentary community, and there are around 14,000 non-MPs working in and around Parliament and across the country who rightly want an effective process by which to tackle bullying, harassment and sexual misconduct when it occurs.

I urge hon. Members and right hon. Members to have a look at and take part in the review, because it matters not only to our staff and ourselves that we get it right; it matters for the way that our Parliament is perceived across the country and the world.