Independent Complaints and Grievance Policy

Kate Green Excerpts

Thursday 19th July 2018 Commons Chamber

[Andrea Leadsom]

I am incredibly grateful to the hon. Lady for her considerable efforts on this scheme but, very respectfully, I disagree with her on that point. She and I have had a number of conversations about the matter, and we have always been clear that the confidentiality at the heart of this policy must be observed so that a complainant will have the confidence to come forward. As I am sure Members will appreciate, a difference in process between ICGP and non-ICGP cases will be lost on those who observe it, which will inevitably lead to confusion. People will not think, “Oh well, this procedure must be for one issue, and that must be for another issue.” They will just see the naming of an individual, and that will have repercussions for those who want to come forward in confidence to a complaints procedure, feeling that their confidentiality will be upheld.

[Kate Green (Stretford and Urmston) (Lab)]

I want to endorse what the hon. Member for Brighton, Pavilion (Caroline Lucas) has said. I am a member of the Committee on Standards, and the right hon. Lady will be aware that I have added my name to the amendment. We already receive complaints about non-ICGP matters, and I do not think I have seen any evidence during my time on the Committee to suggest that complainants are deterred from bringing such matters to attention of the Parliamentary Commissioner for Standards. I am concerned, however, that reports often appear in the media, even before the matter has been formally referred to the Parliamentary Commissioner for Standards. Under the proposal by the Leader of the House, it would be impossible for anything to be on the record that would enable an innocent Member to rebut those allegations in the media. I urge her to consider the amendment, which, as I am sure my right hon. Friend the Member for Rother Valley (Sir Kevin Barron) will soon say, is supported by lay members of the Committee, as well by as non-lay members.

[Andrea Leadsom]

I entirely respect the hon. Lady’s views, but I think that she might be slightly misunderstanding. We are talking about confidentiality during the process of the investigation only. Once an investigation is completed, in the event that there have been reports in the media, in a non-ICGP case—as is the case today—the report would be made publicly available. The steering group advocates that all investigations be carried out confidentially to ensure consistency, now that the Parliamentary Commissioner for Standards is dealing with extremely sensitive issues that will inevitably be far more open to public scrutiny than in the past.

Right from the beginning, we have sought in this scheme to put the complainant at the heart of the process. All the evidence we have taken demonstrates that confidentiality is a key factor that will encourage victims to come forward. I cannot emphasise that enough. The evidence we have taken shows that, if we do not protect the confidentiality of victims, they will not come forward. We are already in a scenario where too many victims never come forward with their complaints, because they are afraid of being re-victimised by being accused of lying, causing trouble and so on. If we are serious about changing the culture in this place, confidentiality and consistency are vital elements. So again, in thanking the right hon. Member for Rother Valley for his careful consideration, I urge Members to vote against his amendment.

The motion will significantly extend the scope of the independent Parliamentary Commissioner for Standards to consider complaints arising from the scheme. The commissioner will be given access to a wider range of sanctions, enabling her to deal more effectively with many cases through apologies, training, behaviour agreements and so on, as well as ensuring independent oversight of investigations.

Finally, the motion sets out changes to the procedures of the Standards Committee, which will receive both appeals and the most serious cases for its consideration. Its voting system will be amended at its request, so that all members, including all lay members, will have a vote. Should the House accept those changes, detailed guidance will be available online immediately, but I want to outline briefly how the new scheme will work.

For anyone with a complaint, the first step is to contact a confidential helpline, where their issue can be considered and triaged. Where individuals decide to pursue a formal complaint, they will be supported to access one of two independent services: one to deal with bullying and harassment and a separate one to deal with sexual misconduct. Should a complaint have criminal implications, the steering group has agreed to establish an information-sharing protocol with the Metropolitan police to make them aware, in the interests of safeguarding and ensuring the scheme could not prejudice a criminal investigation, when such a complaint has been made. The protocol will maintain the confidentiality of complainants, who will decide for themselves whether to take their complaint to the police.

For each complaint, the telephone helpline and investigatory service will seek mediation and informal resolutions wherever possible or appropriate. Where that is not the case, an independent investigation will be opened. Complaints of sexual harassment or assault will have access to an independent sexual misconduct advisory service, which is a specialist service that can provide confidential, independent specialist and trained support in relation to sexual misconduct. In the case of complaints against Members of Parliament, the Parliamentary Commissioner for Standards will oversee the independent investigation. She will apply sanctions as appropriate, or, in more serious cases, refer them to the Standards Committee. The Standards Committee can of course apply sanctions right up to a lengthy suspension, triggering the Recall of MPs Act 2015. Following a decision on any case, there is of course an opportunity for appeal.

When the working group report was published, there were two outstanding issues. I am pleased to be able to provide clarity on them today. First, when the working group started taking evidence last November, we were advised that House staff had access to the respect policy, which was considered to be entirely adequate for their needs. Since then, it has come to light that there have been difficulties with the respect policy, so the steering group has been clear about its desire to give all staff access to the new ICGP scheme. I am very pleased to tell the House that the House of Commons Commission has now agreed that staff of the House of Commons and the Parliamentary Digital Service should be able to access the ICGP from day one.

Secondly, while anyone can call the new helplines with a complaint, investigations under the new scheme can only go back as far as the beginning of this Parliament. The steering group is, however, determined that we should be able to help all those with complaints, no matter how long ago they occurred. Today’s motion will therefore establish an independent six-month long inquiry into historical allegations using similar terms of reference to the Dame Laura Cox inquiry. The findings of both inquiries will be taken into careful account when we undertake the full review of the ICGP after six months of its operation.

I want to conclude by making it clear that this is the beginning not the end of our efforts to change the culture of Parliament. With our new behaviour code, complaint scheme and sanctions, this is an excellent step in the right direction. Our ultimate ambition is for a culture where people can work and visit Parliament and take part in our democracy free from unacceptable behaviour and free from bullying or harassment and where individuals are free to thrive and make a difference. This is a once-in-a-generation opportunity for Parliament. We want to be a role model for legislatures around the world in our determination to tackle our own challenges head on. Many millions of people across the world look to Westminster as a beacon of democracy and freedom. I hope that today will be seen as Parliament leading by example in our determination to treat everyone with dignity and respect. I commend the motion to the House.

--- Later in debate ---

[Pete Wishart]

In all honesty and candour, I would not be happy with that, but we are trying to secure that the starting point is confidentiality for the people who come forward. There are compromises and things that are uncomfortable and unsatisfactory, and perhaps in the six-month review—this is a request to the Leader of the House—we can start to look at this again. I understand totally both sides of this: I hate the idea that we are losing transparency on issues to do with the normal work of the Parliamentary Commissioner for Standards, and we must try to address this further.

[Kate Green]

I understand the concerns about people coming forward, but for non-ICGP complaints, we have had a system for several years whereby, as soon as an allegation is made and it is open to investigation, it becomes public, and there is no evidence that that deters people from making reports for investigation, so I urge the hon. Gentleman to consider the amendment sympathetically. It does not mean that those who report allegations of bullying and harassment will not have their confidentiality protected; it is simply in respect of complaints that we have already investigated, over many years, and the way in which the Committee wishes to continue to investigate.

[Pete Wishart]

Again, I do not disagree with anything the hon. Lady says. That is why I am torn between both positions. I accept the need for consistency to ensure that confidentiality is at the heart of what we do, and I also want to deal with the issues the hon. Lady raises.