Independent Complaints and Grievance Scheme

Lucy Powell Excerpts

Monday 16th June 2025 Commons Chamber

[The Leader of the House of Commons (Lucy Powell)]

I beg to move,

That this House notes the report of the House of Commons Commission entitled Independent Complaints and Grievance Scheme: Policy Framework and ICGS Assurance Board (HC 579), further notes the Decisions of the Commission on 12 May, and agrees:

(1) That the ICGS Policy Framework in respect of bullying, harassment and sexual misconduct annexed to the Commission report shall have effect from 14 July 2025.

(2) There shall be a body called the ICGS Assurance Board.

(3) The ICGS Assurance Board shall conduct assurance of the Independent Complaints and Grievance Scheme on behalf of the parliamentary community, in accordance with terms of reference published by the House of Commons Commission on 17 December 2024.

(4) The terms of reference of the Assurance Board may be varied by agreement between the House of Commons Commission and the House of Lords Commission.

(5) The ICGS Assurance Board shall consist of:

(a) the Clerk Assistant,

(b) the Clerk Assistant of the House of Lords,

(c) the Parliamentary Commissioner for Standards,

(d) the Chair of the Independent Expert Panel,

(e) a Member of the House of Commons who is a member of the House of Commons Commission, appointed by the Commission,

(f) a Member of the House of Lords who is a member of the House of Lords Commission,

(g) a representative of the House of Lords Conduct Committee, and

(h) a representative of the human resources department from each House Administration.

(6) The ICGS Assurance Board shall have authority to approve ICGS Procedures, in accordance with the ICGS Policy Framework, provided that:

(a) nothing in the ICGS Procedures document may amend or override provisions in the Policy Framework;

(b) procedures cannot create new obligations for individuals’ conduct.

(7) The policies and procedures relating to bullying and harassment and sexual misconduct endorsed by the House on 19 July 2018 and amended on 17 July 2019, 28 April 2021 and 26 April 2022 shall cease to have effect on 14 July 2025, save that they shall continue to apply to any complaints received on or before 13 July 2025.

[Madam Deputy Speaker (Caroline Nokes)]

With this we shall discuss the following:

Amendment (a), in paragraph (1), after “2025” insert

“, subject to the removal of paragraphs 7.1, 9.4, 10.3, 13.2, 14.3, 17.7, 17.8 and 18.7”

Amendment (b), in paragraph (5)(e), leave out—

“a Member of the House of Commons who is a member of the House of Commons Commission, appointed by the Commission”

and insert—

“two Members of the House of Commons, elected by the House of Commons”

Amendment (c), in paragraph 5(f), leave out—

“a Member of the House of Lords who is a member of the House of Lords Commission”

and insert—

“two Members of the House of Lords”

Amendment (d), leave out paragraph 5(h).

Amendment (e), leave out paragraph (6) and paragraph 1.4 of the ICGS Policy Framework.

[Lucy Powell]

The establishment of the Independent Complaints and Grievance Scheme, known as the ICGS—the first scheme of its kind in any legislature in the world— was an important step forward in tackling inappropriate behaviour in Parliament. Its establishment was agreed in 2018 with cross-party support.

The ICGS provides a dedicated, independent mechanism for handling complaints of bullying, harassment or sexual misconduct in both Houses. It deals with those complaints assiduously and anonymously, with a professional, well-resourced team, and has a range of appropriate sanctions and mechanisms at its disposal. The ICGS works alongside the independent expert panel, which determines appeals and sanctions for cases that have been brought against Members of Parliament. These arrangements ensure complaints are investigated fairly, objectively and to a high standard.

The ICGS has been an important driver in establishing higher standards and improved culture in Parliament and we should all support it. I thank the ICGS for its continued work, and in particular the contribution of its director, Thea Walton, who will be stepping down from her role later this year.

Last year, Parliament published the findings of an independent review into the effectiveness of the ICGS, conducted by Paul Kernaghan. The review broadly praised the ICGS’s performance, with Kernaghan being clear the ICGS is making a difference to standards in Parliament, and has demonstrated its ability to hold people to account for unacceptable behaviour. He said that the ICGS is something

“the parliamentary community should take pride in”.

The review found that the scheme has continued to take positive steps to improve timeliness and the quality of its service. Of course there is always more work to be done. It should rightly have the ambition to be the gold standard in workplace grievance schemes. In total, the review made 26 recommendations. Of those, eight have already been delivered, and a further eight will be taken forward should the motion before the House be agreed. Work on the remaining recommendations is under way. These are recommendations from an independent review of the independent grievance scheme of this House: they really should not be contentious.

Kernaghan’s first recommendation is to consolidate the various policy and procedure documents into one policy document and one procedure document, and that the existing ICGS assurance group should become a permanent ICGS assurance board.

[Chris Vince (Harlow) (Lab/Co-op)]

I am looking through the document and the Opposition’s amendments. Two of the amendments that they have put forward talk about the size of the ICGS assurance board and, in particular, adding two members. Is it the feeling, from the evaluation of the independent process, that the board is actually the right size and that we do not need those amendments?

[Lucy Powell]

I certainly do not think that we need the amendments. The assurance board is made up of representatives of both Houses, the HR department and other appropriate people, which is as it should be. It also includes a Member of this House, who I think will be contributing shortly and who is also a member of the House of Commons Commission. The make-up of the assurance board as proposed is right.

[Charlotte Nichols (Warrington North) (Lab)]

I make a declaration of interest: Max, in my parliamentary office, is one of many trade union reps across this House. In fact, he is so very good at what he does that 77 hon. and right hon. Members signed an early-day motion in the last Parliament recognising his service. What consideration has been given to representation of the unions of House staff and MPs’ staff on the ICGS assurance board, either as permanent members or in how the board engages with the unions in this place?

[Lucy Powell]

I put on record my thanks to Max, Ken and many others who have done great work representing those who work in this House, whether it is for an MP or as House staff. The role that the trade unions play is absolutely important, and their role in this process should be recognised.

Both the House staff and Members’ staff trade unions are represented on the ICGS stakeholder group, and the ICGS has an obligation to consult with that stakeholder group before any proposals are brought to the assurance board. I put on record that I hope the ICGS continues to do that very closely, because the trade unions provide an invaluable voice in the operation of the ICGS, and that should continue. The assurance board will scrutinise the day-to-day performance of the ICGS and ensure that investigations are timely and of a high quality. It will also have responsibility for updating the ICGS procedures document, but only that document.

[Jim Shannon (Strangford) (DUP)]

I thank the Leader of the House for bringing forward this motion. She is absolutely right that no one should have any doubts about the reason for it, and no one should have any opposition to it. I understand that there will not be any opposition to it—that is what I am told. Will she outline very quickly the process for those who have a grievance or a complaint, whether for Members or staff, so that staff will know all their rights?

[Lucy Powell]

It is important that we advertise this service—the hon. Gentleman is absolutely right to do that. Any member of staff, any Member of Parliament or anybody working in the broader parliamentary community who has been subject to bullying, harassment or sexual misconduct should get in touch. There is a helpline, and there are well-advertised ways of getting in touch with the ICGS, not just to make a complaint but to get advice about whether a complaint is in scope and can be taken forward. As I said earlier, the ICGS has a range of means: it does not always involve a full investigation with sanctions. The ICGS might often come to some resolution, and there are other means through which any such behaviour could be resolved. I thank the hon. Gentleman for raising that point, because it is important.

To be absolutely clear with the House, the policy framework of the ICGS remains a matter for this House. That includes the definitions, parameters, obligations and key rights and permissions of the scheme as well as its scope. I have laid in the Library and attached to the motion on the Order Paper a letter from the ICGS that sets out the difference between policy and procedure, because I know that is of concern to people.

Colleagues may want an update on a couple of other recommendations from the Kernaghan review that are not a matter for the motion today. Recommendation 3, which asks that political parties work more closely with the ICGS when dealing with complaints through a memorandum of understanding, is being taken forward by the Modernisation Committee with the co-operation of the political parties, and I thank all those concerned for that. The House has also taken forward recommendations on behaviour training. As of the end of March 2025, 639 out of 650 new and returning MPs have attended behaviour training.

Taken together, the recommendations from the Kernaghan review will improve ICGS performance and accountability, provide greater clarity about where complaints should go and how they should be dealt with, and speed up necessary changes to its day-to-day procedure. In total, they will improve behaviour and culture in this place. This is an important moment for the House to come together, I hope, on a cross-party basis, to show that we stand behind the ICGS, what it stands for and the work it does, and to show that we will improve and take forward the independent recommendations to keep improving its work.

I am disappointed that Opposition Front Benchers have broken with years of consensus on this matter to oppose some of the changes proposed, which came from an independent reviewer. I see that the hon. Member for Christchurch (Sir Christopher Chope) is not in his place, despite his amendments being selected. His amendments, which are supported by Members on the Conservative Front Bench, undermine the integrity of the Kernaghan review recommendations, and I cannot support them. I hope the shadow Leader of the House will take the opportunity to distance himself from those amendments. The reputation of Parliament is low, with poor trust in politics and politicians, and it is for all of us to turn the page on that era.

The safety of those who work on the estate is paramount. I am clear, as I am sure everybody is clear, that there is no place for bullying, harassment or sexual harassment in Parliament. Those who perpetrate it should be accountable and sanctioned where necessary. I commend these recommendations to the House and call on all Members from all parties to support these improvements.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Leader of the House.

--- Later in debate ---

[Lucy Powell]

I thank all Members for participating in the debate, and for the spirit in which they have done so. I particularly thank the Chair of the Standards Committee, the hon. Member for South Leicestershire (Alberto Costa), for his work and that of his Committee in this space and, indeed, many other spaces. They do a huge service to the House in upholding standards and ensuring that we are operating under the very best behaviour requirements at all times. I also join him in thanking Andrea Leadsom—who I have a great deal of respect for—for her initial work in setting up the ICGS.

The Chair of the Committee was right to say that there have been concerns, especially when the scheme was first set up, about timeliness, about some of the processes and about the quality of some of that work. As the Kernaghan review found, that is improving significantly and steps have been taken, but I want to make it clear that the motion will accelerate progress in ensuring that processes are as effective as they can be. I expect the Standards Committee to take a keen interest in the work involving the ICGS as part of its remit, and I look forward to any further recommendations that it wishes to make about the make-up of the assurance board or, indeed, any other aspects of its operation.

I want to make it clear—and the shadow Leader of the House, the right hon. Member for Hereford and South Herefordshire (Jesse Norman), referred to this—that the policy of the ICGS remains a matter for the House. That includes the definitions of what might be deemed bullying, harassment or sexual misconduct; the parameters and scope of the scheme at all times; the obligations on people who make complaints and on, for instance, witnesses; the right to make collective complaints; the right to receive draft assessment reports; and the right of decision-making bodies to reject reports. Those all remain matters of policy and not procedure, in respect of which the House will retain a right.

[Charlotte Nichols]

My right hon. Friend has said that scope is an issue that the Modernisation Committee is looking at, and that it forms part of policy rather than procedure. Can she give an indication of when the outcome of that consideration might be coming forward, so that the Kernaghan recommendations can be taken forward further?

[Lucy Powell]

The issue of scope was covered in the Kernaghan review. Kernaghan made it clear that the scope of the ICGS in when a case involves any two or more members of the parliamentary community. Perhaps there have been times when that scope has been unintentionally narrowed operationally. What the Modernisation Committee is considering is recommendation 3, which relates to a memorandum of understanding between the political parties and the ICGS in relation to how they deal with complaints. I think we can all agree that when complaints are within the scope of the ICGS, they should go to the ICGS and not to political parties, which, unfortunately, have shown themselves not able to deal with such complaints in the same way. That is not just a matter for the Modernisation Committee; it is a matter for the political parties as well, and we are making progress in that regard—particularly with the Labour party, which is keen to engage with the issue.

I will not detain colleagues much longer, but I will pick up on a few points that have been raised. I thank my hon. Friend the Member for Cities of London and Westminster (Rachel Blake) for her brilliant contribution, and for all the work that she is doing on the House of Commons Commission and the assurance board. As ever, I thank my colleague on the commission and the Modernisation Committee, the hon. Member for Chelmsford (Marie Goldman), who made an excellent contribution on why the amendments are gutting amendments, which we should not support.

In response to my hon. Friend the Member for Birmingham Northfield (Laurence Turner), I put on record my thanks to the trade union reps who operate in this House. They should absolutely be involved, through the stakeholder group, in a formal consultation about any changes to procedure. After this debate, I will approach the ICGS to ask it to consider allowing the trade unions to attend meetings of the assurance board in the same capacity in which they come to the House of Commons Commission to make representations, because that will be important.

Finally, I want to take on the arguments made by the shadow Leader of the House. First, these are not my proposals—they are not Government proposals. This is a motion on the business of the House in my name, because that is how such motions get to the Floor of the House. These proposals were put forward by an independent review—to which all political parties and all Members of this House had the opportunity to contribute—of an independent grievance scheme, which has rightly improved behaviour and standards. They are not my proposals; they are independent proposals. This body will not be setting the rules—that is just wrong. It will be looking at procedures, and at how they can be streamlined and made more effective. As I have just said, the rules—that is, the policies—will continue to be set by this House.

It is about time we moved on from the age-old argument that Members of this House have a right to behave however they want and the only time they are accountable for that is at the ballot box five years later. That is the argument that the shadow Leader of the House was proposing—I am sorry, but we put that argument to bed a long time ago, as I think the Chair of the Committee on Standards agrees.

If colleagues, cross-party, support the ICGS and the improvements in behaviour and culture that it has brought to this House, and if they want to see that body becoming more effective and having more timely and quality investigations, they really need to support today’s motion. As others have said, we all have a duty to ensure that this is a workplace where people can work safely and securely, free from bullying, harassment and bad behaviour.

[Madam Deputy Speaker (Caroline Nokes)]

Amendments (a) to (e) have been selected for separate decision. However, I understand that no Member wishes to move them, so I will move straight to the main Question.

Question put and agreed to.

Resolved,

That this House notes the report of the House of Commons Commission entitled Independent Complaints and Grievance Scheme: Policy Framework and ICGS Assurance Board (HC 579), further notes the Decisions of the Commission on 12 May, and agrees:

(1) That the ICGS Policy Framework in respect of bullying, harassment and sexual misconduct annexed to the Commission report shall have effect from 14 July 2025.

(2) There shall be a body called the ICGS Assurance Board.

(3) The ICGS Assurance Board shall conduct assurance of the Independent Complaints and Grievance Scheme on behalf of the parliamentary community, in accordance with terms of reference published by the House of Commons Commission on 17 December 2024.

(4) The terms of reference of the Assurance Board may be varied by agreement between the House of Commons Commission and the House of Lords Commission.

(5) The ICGS Assurance Board shall consist of:

(a) the Clerk Assistant,

(b) the Clerk Assistant of the House of Lords,

(c) the Parliamentary Commissioner for Standards,

(d) the Chair of the Independent Expert Panel,

(e) a Member of the House of Commons who is a member of the House of Commons Commission, appointed by the Commission,

(f) a Member of the House of Lords who is a member of the House of Lords Commission,

(g) a representative of the House of Lords Conduct Committee, and

(h) a representative of the human resources department from each House Administration.

(6) The ICGS Assurance Board shall have authority to approve ICGS Procedures, in accordance with the ICGS Policy Framework, provided that:

(a) nothing in the ICGS Procedures document may amend or override provisions in the Policy Framework;

(b) procedures cannot create new obligations for individuals’ conduct.

(7) The policies and procedures relating to bullying and harassment and sexual misconduct endorsed by the House on 19 July 2018 and amended on 17 July 2019, 28 April 2021 and 26 April 2022 shall cease to have effect on 14 July 2025, save that they shall continue to apply to any complaints received on or before 13 July 2025.