Bullying and Harassment of MPs’ Parliamentary Staff

Layla Moran Excerpts

Wednesday 17th July 2019 Commons Chamber

[John Mann (Bassetlaw) (Lab)]

My colleague next to me, my hon. Friend the Member for Ellesmere Port and Neston (Justin Madders), has just reminded me of a point that I had omitted, but that I am now going to make. Let me clarify. From information that I have seen recently, it seems to me that, if a tribunal case were taken against an MP, the MP could use legal insurance to defend that case, and the only way that anyone would know would be the £500 excess that has been paid, which would be itemised as an expenditure. In other words, could a Member of Parliament use the parliamentary insurance system, and therefore very expensive lawyers, against an employee who had taken a case to tribunal? In particular, if the tribunal were to rule in favour of the employee, would the Member of Parliament be required to pay those legal costs back to the taxpayer?

The Leader of the House might like to clarify that point in his closing remarks, because that seems to tip the balance in favour of the employer and the Member of Parliament against the employee. The employee could, of course, attempt to get union representation. That used to be rather more difficult. It was the last Unite general secretary election when, mysteriously, just before the nomination process, I got removed from my local branch, where I have a little bit of influence, and put in the Westminster staff branch. The matter was not resolved until after the nominations were done. Having been a member for 40 years, I cannot imagine what administrative change led to me being moved out of one branch, in which I have influence, to a branch in which I have none.

There was a positive conclusion, however: I was able to demonstrate that I had found a whole range of MPs in the same union branch as staff in this building. That was clearly a total nonsense and it had been going on for decades. I managed to get that resolved by protesting about being placed there myself, and MPs were then excluded from that branch—reputed to be the largest union branch representing employees in this Parliament.

Even though these problems have emerged very publicly in recent years, the unions have not quite caught up, although one has. I was pleased to hear the comments of the hon. Member for Glasgow North (Patrick Grady), which were very appropriate, regarding the processes for selecting potential candidates for Parliament. I have previously given a bit of detail to the House about the exemplary role of the GMB in the east midlands in addressing sexual harassment. Following some press commentary, perhaps I ought to give a little more detail. In the recent past, David Prescott—a member of the Labour leader’s office—went for selection in Mansfield, and the GMB east midlands decided to give him an interview about sexual harassment to see whether he understood the issue. He did not pass that interview, so the GMB withdrew its nomination of him.

It seems that trade unions might have this remit within the Labour party because they have a significant role in the potential selection of Labour MPs, but this is an exemplary principle that should be the case everywhere. It ought to be a requirement for political parties to ask and interrogate their candidates about issues such as sexual harassment to ensure that they are up to the mark; as the GMB east midlands withdrew its nomination, it obviously determined that the individual I mentioned was not.

Last week’s shocking “Panorama” programme featured eight mainly young former members of Labour party staff, who went through the traumas of harassment and intimidation that they had been involved in. The allegations are primarily against people who are employed by Short money through Parliament. I have a list with me, so I can see that large numbers of them are employed by Short money. Now, it is essential that these former members of staff, who are external to the building, can use our independent complaints and grievance procedure if they have complaints against individuals employed through Short money who have allegedly been misusing their power to pressure people in relation to various activities. It is essential that we clarify and confirm that position, because that route could then be open to these people.

The situation is similar when it comes to external sexual harassment allegations. This report is very helpful in strengthening the systems, but it is still noticeable how reluctant people are to pursue issues. I have spoken to people who work in this place and have very specific complaints against Members of Parliament or other staff. Some have been prepared to go out there, but I hesitate to use the word “brave” because there is no less bravery from someone who is not prepared to go public about their situation but is prepared to say things about it. The role of the political parties remains the Achilles heel—the weakness.

We have cases in the Labour party where people—I have met some of them—have made allegations but no action has been taken for two or three years. Where is the decency in that? What about the rights of those who say they have been inappropriately treated or harassed, whether it is sexual harassment or any other form? If there is no resolution one way or another for years, what message does that give to people working here about how seriously the political parties take this?

Nothing exemplifies this more than the House of Commons Commission. The Whips have never suggested that I should sit on such a body; I wonder why. That is the problem with it. I would have been more than happy to submit myself to the will of other Members of Parliament. I might get zero votes to sit on such a body—fine—but there would be accountability built in.

Things are done behind the scenes. There are time bombs in all the political parties. I am not aware of any political party that does not have them ticking away, and there are some big, very serious ones. The political parties love to cover these things up and try to manage them, especially if it relates to Members of Parliament. They do not want a Member of Parliament having to resign in scandal and shame, because that is not the best way to fight a by-election.

The norm now seems to be, “Let’s wait until we get to a general election, then we can quietly drop people, and no one will notice because it’s in the general hubbub and excitement of a general election.” There is nothing wrong with dropping people. I can think of one Conservative who was mysteriously dropped in a recent election. I was delighted to see him dropped. It was done very discreetly and effectively, and I commend those running the party for doing so, but that has become the system—in other words, sending the message, “Hang on and hope for the best.”

There is no question but that it is shameful how some of the Whips have dealt with this in my time here. Obviously, I only know my own party, but I do not think that this is particularly a Labour problem, as opposed to a cultural problem here. I will give one example. I was told in a meeting, unequivocally, “If anyone’s got a complaint about sexual harassment within the Labour party, they can go to the police.” If someone wanted to go to the police, they would have done so already. I deal with a lot of people when it comes to sexual assault and child abuse who have come to see me and had my assistance and advocacy and who do not want to be named and be in the public eye.

There was an exposé in The Sunday Times two or three weeks ago about an MP who went to their party leader—my party leader—and he did nothing about it. He did nothing whatsoever. We found out about it because emails were leaked that exposed what was going on. Is that leadership? It is not my definition of leadership. It is exactly the opposite.

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

I am extremely grateful to the hon. Gentleman for giving way, and I pay tribute to the brilliant speech he is making. I recognise much of what he is saying from my experience in my own party. The Liberal Democrats have been through an incredibly painful process of coming to our own independent complaints procedure, which enables many of the issues he is raising to come to the fore. Most importantly, it was co-created by activists and, in particular, young women in the party who felt that the current processes were not working. I believe that the procedure is now much more robust. It is by no means done, and he is right that the buck stops with MPs and that we have to lead from within our parties. I commend him for his words.

[John Mann]

The Liberal Democrats have had problems, like every other party, but my specialism is dealing with antisemitism, and I will say that the only political party I have met in the last three years that has a robust process for dealing with antisemitism at the moment is the Liberal Democrat party. The reason why I can say that it is robust is that there are ways in which an external person—someone not in the party, and who may be an opponent of the party politically or electorally—can actually go in, make complaints and hold the party institution to account if it fails to take action. That does not mean it will necessarily draw the right conclusions in my judgment and it does not mean people will be coming forward, but it does mean people are far more likely to have trust in the system. It is a transparent system, and that is the key—it is not an opaque system—and it is impressive. The fact that it is transparent and that I and others were able to go in and say, “Well, you could perhaps change this, do it this way, consider this, speak to that person,” was also very healthy indeed.

Such a system would strengthen any political party. To be honest, it is in the electoral interests—in the medium term, not the short term—of political parties actually to get their act together, because it means they will keep far more young people, particularly women, and encourage more to stay. It will be easier for young people, and especially for women and minority groups, to progress within that party and feel confident in being able to do so. It is a sensible approach for any party that wants to be in power or expand its political base.

The “Panorama” programme shows where these things can end in terms of the impact on individuals. That could just as easily have been an exposé of members of staff in here about what has happened to them—just as easily. If all the emails, the WhatsApp messaging and the secret ways in which people deal with things, such as recordings from Whips Offices of meetings that I and others have unfortunately had to be in—not that they were recorded; I did not record them, anyway, but I hope that they were recorded—were put out there, such transparency would be of significance.

My appeal to this House is to speed up the processes, not to be scared of independence inside it and to get rid of the antiquated structures that are a blockage. We must make sure we have the widest possible definition of who can raise grievances, how complaints can be taken to the independent body and how they will be heard. We should be confident, if necessary and as necessary, in saying to people, “Well, the judge and jury has determined on you: out you get. We’re not having you in here as a Member of Parliament. You are not suitable because of the way that you have treated people.”

That would be a very good thing for democracy, because far too many people—brave people—are suffering anonymously and in silence, but they remain brave because they are refusing to be cowed by what has happened to them. There are far too many of them in here, and we need to think that we will get on top of it, which needs our action and our honesty and, for the political parties, leadership. Perhaps some political parties might be prepared to show some.

[Maria Caulfield (Lewes) (Con)]

It is a pleasure to welcome this report and to speak in support of it. It is reassuring that the report shows that the majority of staff who responded have not experienced any harassment or bullying, but it is absolutely unacceptable that any of them have; we should really have a zero-tolerance approach.

As many Members have already said, one of the most shocking things I found as a newly elected MP was that there was absolutely no support or training in taking on staff. I had worked for many years in the NHS as a research sister, leading a team and being responsible for the staff of the team. I had had extensive experience of advertising for staff, interviewing and recruiting; doing staff appraisals and staff development; taking on disciplinary proceedings and dealing with conflict management within the team; looking at the staff budgets; looking at sick leave and maternity leave; looking after the temporary staff; and doing the payroll returns each month. I was therefore pretty experienced in staff management, but if I had not been, how on earth would I have learned how to take on a team of staff and look after them? We elect MPs on the basis that they will be good constituency MPs and good legislators, who bring their knowledge to this place when we make laws. We never give a moment’s thought as to whether they will any good at employing and supporting a team of people.

Language is important. It is not by chance that we do not have a staffing budget, but are termed to have an “expenses budget” for staff. In any other institution or big workplace, we would not treat our staffing budget as an expense. That demeans the staff we employ. It suggests that they are seen as a little bit extra, an add-on, of no real significant structural value to the team. That term should be changed. It should be a staffing budget, which has procedures, policies and guidelines for how it is managed. The current term is unacceptable.

When I was a nurse with a team of staff, I had protected time to look after them. I had protected time to do their appraisals and training. I had other professionals to ask for support. I could phone up the HR department and say that I had someone going on maternity leave and had forgotten how to do the paperwork, and could ask for up-to-date guidelines? I could contact the payroll department if I wanted to look at giving someone a pay rise, or if someone needed to take sick leave. I had senior managers. If I was having a difficult time, I could ask for their support and some guidelines. We get none of that as an MP and we wonder why we run into problems.

My big difficulty with the report, which makes some excellent recommendations, is that it does not go far enough. It is all about dealing with bullying and harassment. We need to encourage a culture of staff welfare, because by the time we have got to bullying, harassment and sexual misconduct, it is far too late. From day one, or when a person is even applying for a job here, there should be policies and procedures that safeguard their welfare. If they are then employed, those structures and processes would be in place.

[Layla Moran]

I recognise much of what the hon. Lady is saying, but there is a Members’ HR service which has been dealing very professionally with some issues in my office. That service is available, although not enough. It should be much more structured in the way she suggests, but it does exist. I want to take a moment to thank the staff for their work; they probably just need a lot more resource.

[Maria Caulfield]

I have used that service, and its staff do provide a fantastic service. The point is that as an MP we have to approach them and know that their services are available. I recommend them to any MP because they are fantastic, but they are not available to staff. When I was working in the hospital and I had an issue, I could go to the HR department whether I was a team leader or an ordinary member of the team. That is the difference. Our staff do not have access to that wonderful support, advice and experience which could make a huge difference. The report recommends that they do have access to it.

I agree with my right hon. Friend the Member for Basingstoke (Mrs Miller) that MPs should remain as 650 small individual businesses, but changes do need to be made. We are treated as if we have autonomy over our staff, but there are some subtle things in the way that stop us. For example, I have a south-east constituency and my staff budget—it is not an expense, it is a budget—is £11,000 less than that for a London MP. Some of my staff live in London and some live in the south-east, which is as expensive as London. Some have to commute to London, spending £4,000 or £5,000 to do so. As I have £11,000 less in my budget, I cannot pay them as much or I cannot take on an extra member of staff. My small team, which does the casework and everything else that other staff members do, is under extra pressure from day one because they have the same workload as a London MP but without the same financial recognition. How is it fair that from day one the staff of non-London MPs already feel the pressure of being in a smaller team or of being less valued financially, while doing exactly the same work?

I have an office manager to whom I delegate responsibility for looking after some of the other members of the team: taking on appraisals, looking at staff leave, conducting staff training and working with them. Most of my staff work in the constituency office. They do not work in Parliament, so they cannot nip to the office next door in Norman Shaw North and say, “I have a difficult case; can we get some advice on it?” They are completely isolated as a team, and my office manager has the responsibility for looking after them. We have had members of the public come into the office in tears because we are the last port of call when the jobcentre has let them down, when they cannot get their housing benefit or when they have been made homeless on a Friday evening. They often land in tears in my office, and my staff, many of whom have just left university and do not have a huge amount of life experience, have to pick up the pieces.

Ultimately, I am responsible for my staff, but I am not there every day of the week. My office manager has to support them as a team. What training and support is available for those staff? I cannot do it all as their employer, so it is incumbent on the House of Commons to help MPs to provide that support for their staff—whether that means the senior staff who are delegated to look after them or the junior staff who have to do some very difficult work on a daily basis.