Independent Complaints and Grievance Policy

Jo Swinson Excerpts

Wednesday 28th February 2018 Commons Chamber

[Mr Jenkin]

I am so much more in favour of persuasion than coercion. You can lead a horse to water, but you cannot make it drink. We could force MPs to attend a training session, but what kind of attitude would they have towards that training if they did not want to do it? Let us take a step back and think about how we want to do this. I agree with the hon. Lady, however, that unless we promote conversation and understanding about the principles and values that should guide behaviour, the risk is that confusion about what is acceptable will persist.

Rules and regulations are, of course, important, but PACAC’s work has shown so often that when rules are not underpinned by clear principles and values that are understood, discussed and talked about, the outcome is a preoccupation with compliance with the rules rather than with upholding what reflects the values and principles we want upheld. The road to damnation is all too congested these days with people arguing how their conduct was “within the rules”.

[Jo Swinson (East Dunbartonshire) (LD)]

I am enjoying the hon. Gentleman’s comments. He is talking about what we can do to improve the culture in this place, and I wholeheartedly endorse his suggestion of training on the seven principles of public life, although I actually think that we probably do need some sanctions and mandatory training. Does he think we need a different way of looking at this? It would be arrogant of someone to take the view that they did not need training, as if we stop learning at 18, when we leave full-time education, rather than continually aiming to find out more and work out how to do our job and fulfil our responsibilities better—and that includes continual learning and, yes, continual training.

[Mr Jenkin]

I could not agree more with the hon. Lady, and I so much want her to win this argument and win hearts and minds, rather than have to resort to coercion, which would be so counter-productive.

To avoid just being preoccupied with compliance in the future, both the regulations and the principles and values that we want behaviour to reflect must be clearly set out and adjudicated. Perhaps only a breach of the rules should attract sanction, but nevertheless there needs to be some authority—we suggest, in respect of MPs, the Parliamentary Commissioner for Standards—who would at least call out people who are failing to live up to the principles and values we have all signed up to. We also argued in our submission that the rules should be adjudicated by a separate person with appropriate legal expertise—the appointment of legal advice to the commissioner is a really good step in that direction, because the role of the commissioner as a thought leader is perhaps more important than her role as an adjudicator of rules.

The working group recognises the need for comprehensive training for MPs, peers and staff to help them to understand and prevent harassment and sexual abuse and to assist professional practice and Members in their position as employers. It is essential, however, that the work to embed the values outlined in the behaviour code throughout the parliamentary community be led by leaders, including MPs and peers themselves, and not delegated to support staff, who will not have the authority to carry out the kind of training that the hon. Member for Brighton, Pavilion (Caroline Lucas) referred to earlier. The culture of an organisation is the responsibility of its leaders. We parliamentarians must be the champions of change, or it will not happen, and we must be held accountable for its success. We cannot delegate this vital governance function to anyone else, and nor will Parliament secure public trust if we seem incapable of exercising effective governance.

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[Pete Wishart]

I am grateful to the hon. Lady, but I almost take that as a personal chastisement. I am sure that hon. Members will know that I sometimes enjoy a pint of the guest ale in the Strangers Bar, but she is absolutely right to say that this is all about personal behaviour. However, we have an unusual workplace where this is allowed. I do not know of any workplace in my constituency that has six bars as a normal feature. I think we have to recognise that the way in which this place has been designed—I am not just talking about the bars—can lead to difficulties, as we have begun to see in the past few years. The hon. Member for Harwich and North Essex talked about how we had got to this point historically, and perhaps it has a little bit to do with how the House has been designed and constructed, as well as the way in which we do our business. It is worth looking at all those things.

The hon. Member for Harwich and North Essex talked about training. The working group spent hours discussing that issue, and I think we reached a point at which consensus emerged on how it should appear in the report. I take the view that there should be compulsory training, and I supported the idea that there should be a kitemark for Members of Parliament who had been through such training. Members of staff looking around to see who they might work for would see the kitemark and know that that Member had been through the training. They would then have an expectation of a better workplace environment with that Member, compared with what they could expect from someone who rejected training out of hand and who there might be issues with. I thought that that was a good suggestion, although I could not convince the Leader of the House on that one. It was a proposal that came from some of the staff representatives on the group, and I think that we have to do this as a way forward.

Training will be mandatory for new Members of Parliament when they come into this place. The point was also made that most Members of Parliament have never been employers before. I was never an employer, and I think that that applies to most of us on the Opposition Benches who are perhaps from a more modest background, although perhaps less so to the denizens of business on the other side. I did not know how to manage staff when I first came here. I had to learn from experience and do it on the job. It would be helpful and useful to be given that training, not only on issues to do with equality but on how to be a good employer. There would be nothing wrong with that, and I welcome the recommendation that in the next Parliament, Members will be obliged to go through training.

The people who rush to do the training will be those of us who are interested in equality issues. I have no issue with taking training, and I look forward to doing it, but the real question is how we are going to drag the old dinosaurs into it. There will be those who have a more traditional view of the workplace environment, which might influence their approach to employing members of staff. Perhaps the kitemark could be a way of distinguishing those who were prepared to undergo equality training from those who were not.

[Jo Swinson]

I hope to be able to encourage the hon. Gentleman, because I know that we went through so many drafts of the report. The proposal on the good employer standard is in paragraph 81 and also in paragraph 79. I was very happy that we reached the point of stating:

“Until such time as training is mandatory, records of those who have completed the recommended training will be publicly available.”

I think that that will help to focus minds before the training becomes compulsory.

[Pete Wishart]

I agree. The kitemark suggestion is perhaps slightly different from what was eventually agreed, but of course I accept that, and it is a welcome addition to the report.

As you can probably sense, Mr Speaker, this is an important report, and it was certainly worth spending all those 100 hours on it over the past few months. I see it as being more than just a report of this House; it could be a blueprint for complex workplaces across the country. It could be the start of a permanent change in the culture of this place. There is no going back.

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[Jo Swinson (East Dunbartonshire) (LD)]

It is a delight to follow the hon. Member for Redditch (Rachel Maclean). It sounds as though she has some excellent skills and perspectives that will be important in the consultation about how to make this organisational culture change stick.

As a member of the working group, I very much welcome the motion and the debate. As well as making specific comments on what we put in the report, I want to talk about the wider context. We have come at this issue in Parliament from the events at the end of last year, which followed hot on the heels of the Weinstein scandal, and in recent weeks we have heard about the issues in the charity sector. An important point for us all to remember is that this is not a problem in any one specific industry. This problem is endemic across society and every sector. It is important that we get our house in order with our own procedures, but we also need to understand the wider perspective and the wider societal cultural change that, as parliamentarians, we have a role in leading. That is why it is vital that what we do is of an excellent quality and can act as a beacon to other organisations and institutions that are trying to grapple with similar issues.

Of course, for all that we have seen these cases in politics hit the headlines, I am painfully aware of how many women are in positions with so much less power than those connected to this place—women working in low-paid jobs—whose cases do not hit the headlines. We read in the briefing from the Young Women’s Trust that three in 10 young women have experienced sexual harassment at work. This is happening all over the country.

The working group was a generally positive experience, if occasionally frustrating, but that was partly because we were grappling with difficult issues. I would like to praise the contribution of the staff, particularly the three representatives of staff who work for Members in various parties and the experts who advised the group. I for one learned a huge amount from listening to what they had to offer and the wisdom they had to impart.

These issues are not easy to deal with. We all come to them saying that we want to deal with them and get it right, but there are sensitive issues to work through. The right hon. Member for Forest of Dean (Mr Harper) talked about confidentiality. On the one hand, if names are published, that might encourage others to come forward and we might spot more patterns. On the other hand, that might discourage some people from coming forward because of the fear that their anonymity will be breached. We had a lot of discussions about how we work through that and how we deal with historical allegations and people who have already gone through a different process and are very upset with how that went. There are no answers to some of these questions.

We also discussed at length the interplay with the criminal justice system. While we want to ensure there is support for people who want to pursue a criminal conviction in a case of sexual assault, for example, we recognise that in the survey we did, a tiny proportion of people—I think it was 2%—said that they would feel comfortable to go to the police in those circumstances. We looked clearly at how we could provide people with support if they wanted to do that, but we also looked at how we could give them control, so that if they wanted the case to be pursued as a grievance and effectively as a matter of professional conduct, it could be dealt with as an employment issue, rather than their being forced to have faith in our criminal justice system, which they may not have.

It is because this is not easy that the review clauses we have suggested are so essential. I am very confident that what we propose today will make things much better. I am also very confident that it will not be perfect. It will only improve things if we make sure we review it regularly and learn from what works well. There may well also be cases where it does not work well, and we need to make sure we take those lessons on board and not be overly defensive about that.

I also want to touch on the issue of gender. Harassment, bullying and sexual harassment happen to men as well as to women, but we know from our survey that they happen to women more often. The hon. Member for Harwich and North Essex (Mr Jenkin) posed an essential question: how did we let this happen? Part of my answer to that is that this institution was designed by men and built for men, and for the largest part of its existence, it has been run by men and made up almost exclusively of men. Therefore, the place of women within the institution, whether in this Chamber or among the staff who support our work, has not been viewed as equal.

As women in Parliament, we have all experienced being talked over in meetings, questioned about whether we are allowed to be somewhere—whether we have the right to be on the Terrace, or in a particular lift during a Division—and asked whether we are a researcher or a cleaner, instead of a Member of Parliament. A woman journalist bravely reported that somebody said to her, “Here comes the totty.” We now know that many other women journalists have experienced similar, and indeed worse, treatment from people in this place. When I was a Minister, I learned of a former Minister from the House of Lords who had engaged with his male private office staff but refused to speak to or take seriously the female staff, even when they were more senior, because they happened to be women. We know that these things happen.

I was really struck by the Young Women’s Trust briefing, which states that 89% of women MPs and 58% of men MPs say that sexism still exists in Parliament. That gulf is significant. Almost all women know that there are still instances of sexism, but only just over half of men recognise that. That gulf is part of the problem, and it is part of the reason for the complacency that still exists. We are talking only about gender, but there is a layering of race, LGBT and socioeconomic barriers and disadvantage that all come together in this place.

Not every man does it, but this kind of behaviour is present in every single political party, and we all experience it and see it from time to time. It is not just a few bad apples; it is cultural. We all—women, too—have the capacity to make these assumptions or thoughtless comments. When we are in a position of power, those comments have so much more force, and we have an extra responsibility to be aware of that. I say to all Members of the House, including myself, that often when these things happen, they are tolerated. Someone will roll their eyes, or they will be embarrassed, but the behaviour is not always called out because doing so may feel uncomfortable or inconvenient, or it may be easier not to rock the boat. Part of what we need to do is to challenge and tackle that culture throughout our work in this place.

I want to touch on a couple of issues in the report. The behaviour code will be the foundation of what we do. It needs the widest possible involvement of Members and staff, and of passholders who are not in those categories, to ensure that it is built on a shared sense of values. That is vital to ensuring that it has the resonance that we need it to have so that people really buy into it.

There has been quite a lot of discussion about training, which I think is essential. For anyone who employs staff, such training should be part of what they have to do to access funds from IPSA to pay somebody. Training is also needed on harassment and issues of consent. When I did an interview on the day the report was released, I was challenged on the “Today” programme by John Humphrys, who said, “Surely, MPs know what is appropriate behaviour.” If that were universally the case, we would not be in this situation. There is no room for complacency. The #MeToo movement shows us that. It is, incidentally, why I think we need consent education in relationships and sex education in schools for all pupils, and I am slightly dismayed at the Government’s recent rowing back on that.

[Mr Jenkin]

The hon. Lady is making such a good speech, particularly when it comes to the point about assumptions. If we want to change culture, everyone has to stop making assumptions about their own beliefs and other people’s. We need to talk about that and get it into the open, without judgment. I agree with her wholeheartedly about training for MPs who employ staff. Ultimately, if an MP has not been through a basic training package, why should the taxpayer allow them to employ their own staff?

[Jo Swinson]

I would welcome the hon. Gentleman’s support on those points.

Some of what we experience on these issues of harassment is undoubtedly deliberate—done with intent and entirely with knowledge—but some is inadvertent. It is to tackle that complacency that the training is so essential. There will be people who sometimes do not understand the impact of all the words they use. I attended a recent session on anti-Semitism by the Holocaust Educational Trust, which was fascinating, and the more we can all listen and learn from the experiences of others, the more that will help us to engage in a more mature way on these issues.

That cultural change is important. Sarah Childs, as the hon. Member for Perth and North Perthshire (Pete Wishart) outlined, produced an excellent report in “The Good Parliament”. She recommended ways in which we could change the culture. She also gave evidence, and she talked about challenging the exceptionalism of MPs—that we think we are in some kind of unique scenario. Yes, there are many elements of our job that are very unusual, but that should not be some kind of excuse for not having basic professional standards. That might be about good employment relationships; if we had good employment practice, that would deal in large part—not entirely, but in large part—with the problems we experience here. It might also be about the macho approach to late-night sittings, which are some kind of badge of pride—the parliamentary equivalent of having a jacket on the back of the chair in the office. That is not how modern workplaces are effective, so that cultural change is essential.

I agree with the hon. Member for Brighton, Pavilion (Caroline Lucas) that we need as fast as possible to extend the behavioural code to Members of Parliament and staff of Parliament, wherever they are when they are in that role and carrying out their duties—whether they are in their constituency, in an office or at some event, or whether they are here in Parliament.

I know that others want to speak, so, in conclusion, let me say that the problems that we are facing are not unique to Parliament, but we all have our part to play in dealing with them. This motion and this report are an important first step. They will lead to a real improvement and hopefully help us to get our own house in order.