House Standards System: Confidentiality and Sanctions

Nigel Evans Excerpts

Wednesday 21st April 2021 Commons Chamber

[Mr Deputy Speaker (Mr Nigel Evans)]

Before I call the Leader of the House to move the motion, I should inform the House that I have not selected the amendment to motion 7 in the name of Andrea Leadsom.

[The Leader of the House of Commons (Mr Jacob Rees-Mogg)]

I beg to move motion 6,

That–

(1) this House reaffirms its commitment to the Independent Complaints and Grievance Scheme (ICGS) and to tackling bullying, harassment and sexual misconduct on the part of anyone who works for or with Parliament; reasserts the importance of confidentiality within the ICGS in order to protect the vulnerable and encourage victims to come forward; notes the concerns expressed by the Parliamentary Commissioner for Standards, as set out in the Appendix to the Sixth Report of the Committee on Standards, Confidentiality in the House’s standards system (HC 474), about the operation of certain aspects of the confidentiality regime set up by the House in its decisions of 19 July 2018; agrees to the recommendations specified in paragraph 22 of the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); and notes that nothing in these recommendations undermines the key ICGS principle of confidentiality;

(2) Standing Order No. 150 is amended as follows:

in paragraph 12, line 8, to leave out “statistical” before “information” and to add “and matters under investigation” after “received”.

[Mr Deputy Speaker]

With this we will consider the following:

Motion 7—Sanctions in Respect of the Conduct of Members—

That–

(1) this House notes the Seventh Report of the Committee on Standards, Sanctions in respect of the conduct of Members (HC 241) and the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); endorses the Committee’s approach to creating a revised regime of sanctions for breaches of the Code of Conduct in relation both to Independent Complaints and Grievance Scheme (ICGS) cases and non-ICGS cases; notes that the two reports propose which sanctions will be available to be imposed by the Parliamentary Commissioner for Standards, by the Independent Expert Panel (IEP) in ICGS cases, by the Committee on Standards in non-ICGS cases, and by the House itself, with tables showing ICGS and non-ICGS sanctions as an Annex to the Twelfth Report; notes that the Committee has set out aggravating and mitigating factors in non-ICGS cases that it will keep under review, and that the IEP has published a separate set of aggravating and mitigating factors that will apply in ICGS cases; notes that the new range of sanctions includes the withdrawal of facilities or services from Members, but that, where such a sanction would interfere with the core functions of a Member, the decision on imposing it will lie with the House; notes that the Committee is currently considering options for possible appeal procedures in non-ICGS cases and intends to report to the House separately on these; and approves the conclusions and recommendations of the Committee’s Seventh Report, as modified by its Twelfth Report;

(2) Standing Order No. 150 (Parliamentary Commissioner for Standards) is amended as follows:

after paragraph (4) insert –

“( ) The Commissioner shall have power to:

(a) instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and

(b) require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct.”;

(3) The Code of Conduct for Members of Parliament (HC (2017–19) 1882) is amended as follows:

in paragraph 21, at end add: “Failure to comply with a sanction imposed by the Committee or the House relating to withdrawal of services or facilities from a Member shall also be treated as a breach of the Code.”; and

(4) The Guide to the Rules relating to the Conduct of Members (HC (2017–19) 1882) is amended as follows:

(a) in Chapter 4, after paragraph 15 insert –

“( ) The Commissioner has the right to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct.”

(b) in Chapter 4, paragraph 19, line 5, leave out from “may” to the end and add:

“impose the following sanctions on its own authority:

(a) an apology in writing, or on the floor of the House by means of a point of order or a personal statement;

(b) requiring a Member to attend training, or to repay money;

(c) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member[footnote to be inserted here: “The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Committee is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter.”];

(d) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period.

The Committee may recommend the following sanctions for decision by the House:

(e) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence[footnote to be inserted here: “See previous footnote.”];

(f) dismissal from a select committee;

(g) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House);

(h) withholding of a Member’s salary or allowances even if he or she has not been suspended;

(i) in the most serious cases, expulsion from the House.

While it is for the House itself to decide on the matters set out in the list above, its practice has been to accept the Committee’s recommendations on sanctions.”

Motion 8—Sanctions in Respect of the Conduct of Members (ICGS Cases)—

That this House approves the following arrangements for sanctions in cases of bullying, harassment or sexual misconduct by Members following an investigation under the Independent Complaints and Grievance Scheme:

(1) The Parliamentary Commissioner for Standards shall have power to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct; and require an apology in writing, or on the floor of the House by means of a point of order or a personal statement;

(2) The Independent Expert Panel shall have power to impose the following sanctions on its own authority:

(a) requiring a Member to attend training or enter into a behaviour agreement;

(b) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member [footnote to be inserted here: “The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Panel is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter.”];

(c) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period.

The Panel may determine the following sanctions for decision by the House:

(d) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence [footnote to be inserted here: “See previous footnote.”];

(e) dismissal from a select committee;

(f) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House);

(g) withholding of a Member’s salary or allowances even if he or she has not been suspended;

(h) in the most serious cases, expulsion from the House.

[Mr Rees-Mogg]

As the Leader of the House, I am happy to bring forward these motions to facilitate the House’s decision on these matters following inquiries by the Standards Committee. They will implement the Standards Committee’s recommendations, as set out in its sixth and seventh reports and revised by its 12th report. I am grateful to the Committee and its Chairman, the hon. Member for Rhondda (Chris Bryant), for the collaborative way in which the motions have been brought forward and welcome the Committee’s engagement ahead of finalising its recommendations. This is the latest step in our continuing efforts to improve our ways of working so that the United Kingdom Parliament becomes more effective in its core task of serving voters. Thorough culture change comes from setting expectations as much as new rules, but as the proposals do both, I hope that they will meet the House’s approval.

It may help if I briefly explain the motions on the Order Paper. Motion 6 relates to the Committee’s recommendations on confidentiality, which are based on proposals from the Parliamentary Commissioner for Standards for some fine-tuning of the confidentiality regime in relation to non-independent complaints and grievance scheme cases. In particular, the motion will give the commissioner the authority to publish a list of continuing non-ICGS investigations and to confirm or deny whether a non-ICGS matter is being looked into, as she did prior to 19 July 2018. In addition, following my discussions with the Committee, in circumstances in which significantly incorrect information about allegations has been made public, it will now be possible for the injured party to apply to the commissioner for a public rebuttal to be issued, either by the commissioner herself or by the injured party, with her express prior approval of the text.

I understand that there has been some concern that the effect of the changes that we are making today could be to limit the ability of Members to speak to others about allegations made against them in order to seek support. I reassure right hon. and hon. Members that the position on unauthorised disclosure would of course be without prejudice to the right to access confidential advice and support from others. When it comes to ICGS cases, that right is clearly set out in the independent expert panel’s recently published guidance, which says that Members may

“seek support from a family member, friend or colleague”,

with whom they may share information “in confidence.”

Motions 7 and 8 relate to the Committee’s recommendations on the sanctions available in both ICGS and non-ICGS cases. The Committee has recommended a rationalised set of sanctions, as envisaged in the ICGS delivery report and supported in the reports by Dame Laura Cox and Gemma White on bullying and harassment in Parliament. Motion 7 relates to sanctions in non-ICGS cases and motion 8 relates to sanctions in ICGS cases, reflecting the role of the independent expert panel in determining sanctions in those cases.

Motion 7 asks the House to note that the Committee has set out aggravating and mitigating factors in non-ICGS cases that it will keep under review, and that the IEP has published a separate set of aggravating and mitigating factors that will apply in ICGS cases. As I said to the Committee in the Government’s response to its seventh report, while these factors can provide helpful context to specific cases, they may on occasion be based on subjective judgments and will therefore be secondary to the facts established in the investigations. I think that is a key principle, and it is also important that these factors are properly communicated to Members.

The motion sets out a range of sanctions, from formal discussions at the lower end through to expulsion from the House, at the agreement of the House, as the most severe sanction. Importantly, where a sanction is to be imposed that affects the withdrawal of services, a distinction is drawn between the withdrawal of services that affect the core functions of a Member and those that do not. The withdrawal of services affecting the key functions of a Member may be implemented only with the agreement of the House itself.

I am sure that the Chairman of the Standards Committee will want to provide further details on the approach taken in his Committee’s reports. For my part, I bring forward these motions as part of a shared endeavour to improve the way this House functions, and to demonstrate our firm commitment to improving our working culture further. Our constituents send us here with the full expectation that we will do all in our power to represent them properly, and every day, across the House, I find hon. and right hon. Members doing their absolute best to live up to that. But on the occasions when a Member’s conduct is found wanting, we must demonstrate the firmness of our collective commitment by ensuring, to paraphrase Plato, to every Member their due. On that basis, I commend these motions to the House.