Independent Complaints and Grievance Policy

Lyn Brown Excerpts

Thursday 19th July 2018 Commons Chamber

[The Leader of the House of Commons (Andrea Leadsom)]

I beg to move,

That this House approves the Second Report from the Committee on Standards, Independent Complaints and Grievance Policy: Implementation, HC1396, and the Independent Complaints and Grievance Scheme Delivery Report and its proposals for ensuring clear standards for all who work in or visit Parliament, and, in particular:

(1) endorses the Behaviour Code and the policies and procedures relating to bullying and harassment and sexual harassment associated with the Independent Complaints and Grievance Scheme set out in the Delivery Report;

(2) agrees the following amendments to The Code of Conduct:

(i) in Section IV (General Principles of Conduct), after paragraph 8 insert the following new paragraph:

“Parliamentary Behaviour Code

Members are also expected to observe the principles set out in the Parliamentary Behaviour Code of respect, professionalism, understanding others’ perspectives, courtesy, and acceptance of responsibility.”;

(ii) in Section V (Rules of Conduct), add the following new rule as Rule [17]:

“Respect

A Member must treat their staff and all those visiting or working for or with Parliament with dignity, courtesy and respect.”;

(3) agrees the following changes to Standing Orders:

A. Standing Order No. 149 (Committee on Standards)

(i) in paragraph (5), at end insert “save as specified in paragraph (5A) of this Order”;

(ii) after paragraph (5) insert new paragraph (5A) of this Order:

“(5A) It shall be an instruction to the Committee that before dividing on any motion, the Committee should hold an indicative vote of lay and elected members to ascertain the views on the motion of the Committee as a whole and of each member present; that such a vote should be conducted as if it were a formal division; that, as in a formal division, the Chair should not take part in the initial vote but should have a casting vote in the event of a tie; that after holding such a vote the results should be recorded in the Committee’s formal minutes, without question put; and that after holding such a vote the Committee may or may not proceed to a formal division of elected Members.”;

B. Standing Order No. 150 (Parliamentary Commissioner for Standards)

(i) in paragraph (2), at end add the following new sub-paragraph:

“(f) to consider cases arising from the Independent Complaints and Grievance Scheme”;

(ii) in paragraph (4), at end add the following new sub-paragraph:

“(c) in any case arising from the Independent Complaints and Grievance Scheme where the Commissioner has proposed remedial action within any procedure approved by the Committee with which the Member concerned has complied or, if the remedy is prospective, undertaken to comply”;

(4) recognises the role of the Parliamentary Commissioner for Standards to consider cases arising from the Independent Complaints and Grievance Scheme; notes the arrangements about publishing the details of investigations of such cases to ensure complaints are handled confidentially as set out in the Independent Complaints and Grievance Scheme Delivery Report; and accordingly agrees that, for consistency and fairness, the Parliamentary Commissioner for Standards should no longer routinely publish information about individual investigations before those investigations are concluded and accordingly agrees to amend sub-paragraph (b) of paragraph (12) of Standing Order No. 150 by inserting “statistical” before “information” and leaving out “and matters under investigation”;

(5) recognises that Dame Laura Cox QC is conducting an independent inquiry into the allegations of bullying and harassment of House of Commons staff, whose Terms of Reference were published on 23 April 2018; notes that the inquiry relies upon past and present staff members coming forward with information in person or in writing; notes further that the inquiry, while not investigating any individual complaints or reopening past cases, will consider what options are available for resolving current or historical allegations and providing support to those affected; accordingly agrees that a further independent inquiry in similar terms be established, by the Clerk of the House in consultation with the relevant authorities in the House of Lords as appropriate, to consider allegations of bullying and harassment in respect of those individuals including MPs and their staff, where those allegations are not in scope of the Dame Laura Cox QC inquiry; and directs that the inquiry should report directly to the House in time for its findings to be taken into account in the 6 month review of the scheme established under paragraph (6) of this motion;

(6) endorses the proposal in the report that there should be reviews of the new arrangements at 6 months and 18 months, and invites the Leader of the House to propose the establishment of a review body, including staff representation, to the House of Commons Commission for their consideration and agreement, in consultation with the relevant authorities in the House of Lords as appropriate; those reviews should incorporate

(a) the findings of the independent review set up under paragraph (5) of this motion and

(b) the findings of the Dame Laura Cox QC inquiry which deals with matters relating to staff of the House;

(7) directs the Accounting Officer to meet those costs of the inquiry under paragraph (5) and the reviews under paragraph (6) falling to the House of Commons from the House of Commons (Administration) Vote.

Today gives us a new start. Since last November, Westminster has been rocked by allegations of bullying and harassment, and today we demonstrate our determination to put our house in order and ensure that everyone will be treated with dignity and respect in future. This debate and vote comes as a result of the tireless work and dedication of the programme team, who have driven the implementation of the working group’s proposals. The programme team was overseen by a cross-party steering group made up of staff representatives and Members of both Houses. To everyone who has been involved in this process and supported and provided advice, I am extremely grateful. Most importantly, we probably would not be having this debate were it not for the bravery and spirit of those women and men who have chosen to speak out about their personal experiences. We thank them for taking that step on behalf of everyone who has been treated wrongly.

[Lyn Brown (West Ham) (Lab)]

As the right hon. Lady would expect, I have talked to my staff about this policy and asked them whether they think it is a step forward. They do, but they also want the House to recognise the Unite branch and give it a role in the reviewing and implementation of the procedure, to embed union protection in the workplace. Has that idea been discussed or progressed?

[Andrea Leadsom]

That idea has been discussed a number of times through the working group. It was decided not to include that specific recognition, mainly because there are many different organisations in this place, all of which do a good job. Therefore, there is no non-recognition, but neither is there a specific formalised recognition of the Unite branch within the complaints procedure.

The motion asks the House to endorse specific changes that were identified in the working group’s report that was published and agreed by the House in February. Today, the principles of that report will become reality. First, today’s motion asks the House to approve the independent complaints and grievance scheme delivery report, and in doing so it will also ask the House to endorse a new behaviour code that makes it clear to all those who come here—whether an MP, member of staff, peer, contractor or visitor—the standard expected of everyone in Parliament.

Secondly, the motion asks the House to eliminate the threat of exposure that prevents many people from coming forward, by ensuring that all investigations are managed confidentially. Thirdly, it will provide the Parliamentary Commissioner for Standards with a broader set of powers and make changes to the Committee on Standards, including to the voting role of lay members. Fourthly, it proposes that a further independent inquiry be established, with similar terms to the Dame Laura Cox inquiry, to hear historical allegations about Members, peers and their staff. Finally, the motion will make provision for a full review of those arrangements after six and 18 months.

In addition to the measures in today’s motion, the steering group has established two independent helplines—one to deal with bullying, and one to deal with sexual misconduct—as well as independent HR advice for staff, and there is an aspiration to improve the general culture of Parliament, including through a new programme of comprehensive training. Members, staff and the public can rest assured that this new independent complaints and grievance policy puts the complainant at the very heart of the process, while taking care to ensure that the principles of innocent until proven guilty are upheld. The ICGP will be fair and transparent, and I believe it will win the confidence of everyone.

Following an intensive period of implementation, today is the final parliamentary hurdle to getting this much needed new scheme up and running. This is the first step, not the final step, towards the culture change that we all want. That is why we have built in a six and 18-month review of the scheme, to ensure that it achieves exactly what we set out to do. Importantly, the six-month review will take careful account of the findings of the independent inquiry by Dame Laura Cox QC and the further independent inquiry that we are establishing today.

Let me turn to the key elements of today’s motion. First, the new behaviour code will apply to everyone on the parliamentary estate. It has been drawn up following extensive consultation with trade unions, staff associations and the public, who were asked for their views about what behavioural expectations we should have of those working for and within Parliament. It seeks to ensure that everyone in and working for Parliament is respected and valued and that we take a zero-tolerance approach to bullying, harassment and sexual misconduct. Unacceptable behaviour will be dealt with seriously and with effective sanctions.

Today’s motion will also make changes to the Standing Orders for the Parliamentary Commissioner for Standards and to the Committee on Standards. We propose that the commissioners of both Houses keep their investigations entirely confidential until such time as there is a finding. That is crucial if individuals are to place their trust in the new system. There is clearly a balance to be struck between public interest in transparency and putting the complainant at the heart of the process by protecting their identity, and that is vital. In deciding whether to publish any findings, the PCS will also put the complainant’s wishes at the heart of the decision.

I thank, very sincerely, the right hon. Member for Rother Valley (Sir Kevin Barron) for the extremely thoughtful and collaborative way that he and his Committee came to their position. I must point out, however, that we have had to respectfully disagree on one issue, which is about whether confidentiality should also be observed during an investigation in non-ICGP cases. I would be the last person to want to avoid transparency, but for this scheme to succeed, it is vital that we achieve consistency. The amendment by the Committee on Standards would effectively mean that there is one process for ICGP cases and a different one for non-ICGP cases.