Cox Report: Implementation

Layla Moran Excerpts

Tuesday 18th June 2019 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

I beg to move,

That this House welcomes the publication of, and recommendations in, the Dame Laura Cox report on bullying and harassment in Parliament; welcomes the implementation of the recommendation to abandon the Valuing Others and Respect policies; expresses concern about damage caused to the reputation and standing of this House by the lack of progress made on other recommendations on historical allegations and the non-involvement of MPs in Independent Complaints and Grievance Scheme cases; and calls on the Leader of the House and the House of Commons Commission to push forward the implementation of all three key recommendations in full without delay.

The Cox report was commissioned a year ago, in July 2018, at what we can only call a low point in this place’s history, our reputation having been rocked by allegations of bullying and harassment. Eight months on from the report being published, just one of the three Cox recommendations has been implemented, despite the House of Commons Commission, the body responsible for the employment of staff, stating that it clearly agreed in full with all three of the recommendations made by Dame Laura Cox.

Nothing is more important than the safety and wellbeing of the people we rely on to run this organisation—parliamentary staff, constituency staff, members of the Metropolitan police and Members themselves—and it is completely unacceptable that eight months on, progress in delivering change is so very slow. We rightly consider other organisations that fail to act when serious problems are identified, particularly when it comes to issues of bullying and harassment, and we run the serious risk of undermining the credibility of the House of Commons in speaking out in the future by not having acted swiftly in the wake of the full Cox report findings. This has to change.

There is much more in the Cox report aside from the recommendations, but those specific recommendations call for the abandoning of the valuing others policy and respect policies; for the amending of the independent complaints and grievance scheme, which according to Alison Stanley’s six-month report published on 12 June is bedding in well through the inclusion of non-recent allegations that predate 2017; and for consideration to be given to the most effective way of ensure that the process for determining complaints of bullying, harassment and sexual harassment by House staff against Members is entirely independent, with MPs playing no part.

It is welcome that one of those recommendations has been put into practice, but that decision was to axe a policy, which is a very straightforward thing to put in place. There has been no change in practice on the other two recommendations. There has been much discussion and consultation—another consultation closed a few days ago—and many plans to set up groups of people to talk to each other and have ideas to bring to the Commission, which could then discuss and think about them and then perhaps do something, but it is unclear when that would be done and who would do it. Let us be clear: there has been no action actively to protect employees in this place.

Not only has the Commission not put in place the changes demanded by Cox eight months ago, but it was made aware that the current policy with regard to non-recent cases could well be unlawful. In its letter of 16 October 2018, the Equality and Human Rights Commission wrote to the House of Commons warning it—warning us—that the House of Commons Commission’s policy of an arbitrary cut-off date of June 2017 for non-recent claims of bullying and harassment could be unlawful because it unjustifiably discriminated against older employees, who are more likely to have a historical complaint, contrary to section 19 of the Equality Act 2010. Despite that, the Commission has failed to act on behalf of Members to bring our policies in line with the law, let alone in line with the recommendations of the Cox report.

Furthermore, the Commission was warned by the Equality and Human Rights Commission that the House could also be in breach of its public sector equality duty—again, laws that we all passed in this place, not just for ourselves but for those outside. The EHRC has been clear that we could well be in breach of the public sector equality duty under section 149 of the Equality Act, and that it may actually intervene on the House of Commons and issue a compliance notice. Again, this has not been addressed by the Commission.

[Layla Moran (Oxford West and Abingdon) (LD)]

When I sat on the working group that came up with this, there was a strong desire from those of us in that room that historical cases be part of the process. We were assured at the time that that would be in place—or at least starting to be put in place—by now. What the right hon. Lady is saying is incredibly worrying. Does she agree that we should have pressed ahead at the earliest stage so that if there were further challenges we could have addressed and finessed them by now, rather than waiting for an intervention by the ECHR?

[Mrs Miller]

The hon. Lady brings up a very important point. It goes even further than that. If an organisation is made aware that it could be breaking the law, it does not wait eight months to do something about it; it gets on with it straight away.

My right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), who was Leader of the House at the time, did the most remarkable job on behalf of Members, getting in place the very first independent grievance scheme, and we all owe her an incredible debt of thanks for what she has done, but it was not an easy process, and I am sure that she may make a contribution to the debate today to add her perspective on that. We have to make sure that the Commission, which exists only because Members want it to exist—it is there not by right, but because we have decided it should be—is acting in a way that protects us from the inevitable criticism that will come from being found to be potentially unlawful in the way we treat our employees.

Members of the House have given the Women and Equalities Committee a responsibility to scrutinise the Government’s policy on equality, but I do not think that it is just the Government who need to be scrutinised at the moment, and we are actively keeping an eye on what is going on in the House of Commons as well. Working with my Committee colleagues, I have established an inquiry into the gender-sensitive Parliament, and we will be looking closely at the procedures that this place is using to ensure that it is actively taking on not just the key recommendations in the Cox report, but the spirit of that report as well.

The way in which the House of Commons Commission is dealing with this matter is unacceptable, and, I believe, risks bringing us all into disrepute if change does not happen soon. However, I also believe that the lack of action on Cox is symptomatic of much wider management dysfunctionality in this place, and I want to raise a couple of issues that are directly related to that lack of action.

The fact that the Leader of the House will be responding to the debate goes to the heart of the problem. The Government do not run the House of Commons; Members do, via the House of Commons Commission, which is chaired by the Speaker. So why is a Minister responding to the debate? I say this with the greatest respect to my right hon. Friend the Leader of the House, who is an extremely capable individual, but he is not responsible for the matter that I have raised today. While I welcome his contribution, he cannot answer directly the questions that I am asking. At the end of my speech, I shall set him some tasks that he might want to undertake were he to wish to assist Members in resolving this issue.

Members established the House of Commons Commission in 1978 to administer, on our behalf, the way in which this place is run. Unlike almost all other Committees of the House, it has no elected members, and because it is chaired by the Speaker—whose impartiality is key to our debates—it is difficult to achieve clear accountability. Quite rightly, the Speaker does not feel that it is appropriate either to appear before the House to answer questions, or, as I found recently, to appear before a Select Committee. I fully understand the rationale for that, but it does leave us with an accountability deficit in knowing why these delays have been so lengthy.

However, I believe that the problem goes deeper than that. Responding to an urgent question on 16 October, my right hon. Friend the Member for South Northamptonshire said:

“In this place, we are all aware that a number of these issues are ‘matters for the House’. That is quite a tricky concept, because nowhere in the workplace are things simply a matter for all those who are involved in that workplace.”—[Official Report, 16 October 2018; Vol. 647, c. 535.]

That, I would assert, is why the House of Commons Commission was set up. It would be impossible for each and every one of the 650 Members of the House to actively manage it. By definition, we must have a body that is nominated by us to do these things on our behalf, but when there is no clear accountability or report-back mechanism other than the regular questions that are asked, there is no other proactive way of engaging in debate.

Let me now refer to a matter to which I have referred in the House before. I think that it, too, is at the heart of some of the dysfunctionality surrounding management in this place. I speak as someone who spent 20 years in business before coming to this place. It has always struck me that this place has very opaque management systems, which—for me, at any rate—have just reached breaking point because of the lack of progress in delivering on the Cox report after eight months. I think that that is reflected in one of the key findings in the report. I shall quote verbatim from page 154. This is not my interpretation of what Dame Laura has said; it is what she has said:

“I have…referred throughout this report to systemic or institutional failings and to a collective ethos in the House that has, over the years, enabled the underlying culture to develop and to persist. Within this culture, there are a number of individuals who are regarded as bearing some personal responsibility for the criticisms made, and whose continued presence is viewed as unlikely to facilitate the necessary changes, but whom it would…be wrong for me to name, having regard to the terms of reference for this inquiry…some individuals will want to think very carefully about whether they are the right people to press the reset button and to do what is required to deliver that change in the best interests of the House, having regard both to its reputation and its role as an employer of those who are rightly regarded as its most important resource.”

Unless we choose to change not only the structures but the management of the House and the people in charge of its management, we face the prospect of continued inertia on this and other reforms that are long overdue.

It was difficult for me to quote Dame Laura’s words, because they are critical of individuals, but we cannot put our head in the sand continually, eight months after the report’s publication. We must stand up and take what I believe to be long overdue decisions. We need the implementation of the report to be completed before the end of the summer recess, in about 10 weeks’ time. In the case of any other business, we would expect, after 10 weeks, the completion of a measure to bring people within the law and to create a process for analysing cases that came forward.

Can the Leader of the House assist Members by putting a motion on the Order Paper to that effect? There is no reason why the House should not debate the issue, and agree—I would hope—that the Cox report should be implemented in full within a reasonable period. I suggest that we issue a request to the House of Commons Commission to deliver that, or else to explain why it has not done so.

It is clear that we also need to consider the modernisation of the Commission itself. I think that what has happened recently requires us to consider the way in which it might be run on our behalf in the future. Such a modernisation should include an elected Chair who would be directly responsible to Members, and could speak here on all Commission matters. There should be a transparent agenda for the modernisation of the management of the House and the way in which business is conducted. The current piecemeal approach is not working in practice. Members need to know how wider change is being implemented, and to know that it is not just being talked about.

This needs to be debated by Members. Would the Leader of the House also consider tabling a motion proposing that we begin to discuss the modernisation of the House of Commons Commission, so that we could take account of Members’ views and, perhaps, Select Committees could follow them up?

Thirdly, these problems of implementation point to another area of reform. We as a group of people need to take stock of how we shape the role of the individual who runs the business of this place: the Speaker. It is we who have determined that the Speaker is responsible for not only the important procedure and running of the business in this Chamber and elsewhere, but the entire running of the House of Commons, because as chair of the Commission it is the Speaker who is ultimately responsible for the implementation of Cox, the thousands of staff employed here and the complexities of running an organisation of this incredible scale. I would assert that the two roles are individually challenging; having one person doing them increases the risk of the Speaker becoming involved in matters that are not compatible with the important independent nature of the Speaker’s jobs. Any of us who have been involved in employing staff knows that can be one of the most controversial issues we can get involved with; why would we want the Speaker to be involved in something that can be so difficult and controversial?

Will the Leader of the House consider putting forward a motion for debate on the Floor of the House on the role of the Speaker so that the views of Members can be established, and then Select Committees can, if appropriate, take those views forward? If that is not appropriate, perhaps the Leader of the House can advise me on what are the appropriate ways for Members to review and discuss those issues.

It is vital that we find a way forward on all three of the issues I have outlined, because they are all connected to the problems we are experiencing in implementing Cox. But even above that, they are determining how people outside view this place. We must be an exemplar in management, not a laggard. There can be no special pleading for working practices in this place and the fact that they have not changed to reflect the realities of a modern 21st-century Parliament.

The House of Commons is central to our democracy. As custodians of this place we have a clear and unquestionable responsibility to safeguard the effectiveness of the House of Commons, to ensure it is respected and to root out anything that could serve to undermine its standing in the public eye. It can never be an option to seal Parliament in aspic because, as a democratic institution, we have to reflect the country we seek to serve. There is an important place for tradition to root our procedures in precedent, and any change has to be evolutionary, not revolutionary, but we should leave this place better than we found it—more relevant, not less, to those we seek to represent here, our constituents.

There is no lack of good will to change, and the staff of the House of Commons are clearly dedicated to the future of this place, as came through strongly in the Cox report and the research Dame Laura did, but too often that enthusiasm and dedication to change is not forthcoming in practice because of a lack of clear responsibility and accountability. The lack of swift action on the Cox recommendations reflects deep-seated problems with the way the House of Commons is run, and colleagues, it is down to us to change that—no one else.