Code of Conduct: Consultation

Debate between Pete Wishart and Chris Bryant

Thursday 2nd December 2021 Commons Chamber

[Pete Wishart]

All I will say is to be careful about conflating this process with sexual harassment. Sexual harassment is significantly different from conduct on propriety, and we have to be careful not to conflate the two. I know the staff are concerned about that, so, as an early point, I ask the hon. Member for Rhondda to think very carefully about bringing those two things together. They are significantly different.

[Chris Bryant]

Sir Stephen Irwin, who, as hon. Members will know, chairs the independent expert panel, came and gave us advice on this whole issue of appeals. One of the points he made to us was that of course it makes sense to have a set of people on the independent expert panel who are experienced in sexual harassment, employment and bullying cases—lawyers, in the main, and their kin—because they are dealing with sexual harassment and bullying cases, and sexual harassment and bullying are the same in any workplace. There is no difference, and they do not need to have particular parliamentary understanding.

However, when we are dealing with things such as parliamentary stationery, use of offices and paid lobbying, Sir Stephen’s view was that there is a significant benefit to having a body that has some laypeople with some of that experience and some Members of Parliament. I think other members of the Committee would admit that it is quite interesting that lay members often say, after a Member has made a contribution, “That’s interesting—I would never have seen that or had that insight into how Parliament works.”

I think we will want to keep that mix in some shape or form, but we will be able to clarify the situation and get rid of some of the blurred lines, so that everybody has equal confidence. I do not like the idea that there might be some people still saying at the end of the process, “No, there is no appeal process.” We want to ensure that everybody is confident in the processes we have.

Independent Expert Panel Recommendations for Sanctions and the Recall of MPs Act 2015

Debate between Pete Wishart and Chris Bryant

Tuesday 19th October 2021 Commons Chamber

[Chris Bryant (Rhondda) (Lab)]

I agree with much that the hon. Member for Perth and North Perthshire (Pete Wishart) has said, but I am a little more sceptical about whether the changed attitude towards the House and its Members will remain for much longer than another 24 hours. I have been here before, and if we look at some of the online comments some of us have received over the last 72 hours, we see that they have been even more aggressively nasty than the ones last week.

I thank Sir Stephen Irwin, who I think has done a magnificent job ever since he started with the independent expert panel, and all the other members of the panel. However, it is also worth remembering that the person who works most closely with them is the Parliamentary Commissioner for Standards. I think we should pay tribute to the magnificent work that she has done in this field as well. These are often complex, difficult and highly emotionally charged cases to deal with, and coming to a secure idea of what has actually happened in some instances is not simple.

One danger with adopting the policy that the hon. Member for Perth and North Perthshire suggested, in an environment where each parliamentary office has a Member of Parliament and perhaps three or four members of staff, is that it might reveal the name of the complainant, which breaches confidentiality. That needs to be addressed carefully.

When the 2015 Act was introduced, it was absolutely clear that the House intended the process to apply to all the cases that might possibly be brought, because they could then be brought only to the Committee on Standards and Privileges, hence the way in which the legislation was drafted. Any case of bullying or sexual harassment that might have come to the Committee on Standards and Privileges, if we proposed a sanction of 14 or more days or 10 sitting days, would have invoked the recall petition process. When we created the independent expert panel, as the Leader of the House was absolutely right to say, many of the trade unions were opposed to the idea of making that process apply. I have always thought that they were wrong, for the very simple reason that we have ended up looking as if we take offences about registration of interests, paid advocacy and things like that more seriously than bullying and sexual harassment.

Bullying and sexual harassment cases could not possibly lead to somebody leaving the House through the recall petition process as it is presently constituted. However, the independent expert panel could, if it wanted to, recommend the expulsion of a Member. I do not know what the case would have to be to lead to that—that is a matter for it—but I will come on to that later in relation to the amendment from my hon. Friend the shadow Leader of the House. I just think it is wrong that we should have what seems to be a higher bar for sexual harassment and bullying cases than for other cases that come before the Committee.

As Sir Stephen has said and as the Leader of the House intimated, it would be better to correct that by legislation, and I have had this conversation with the right hon. Gentleman. Leaders of the House always say that there is never any time to do anything by legislation and that it is absolutely impossible, until suddenly they find that it is absolutely possible, it is absolutely necessary and it must all be done in one day. That is the kind of thing that happens to Leaders of the House: somebody who lives on a street a little bit further up Whitehall somehow manages to tug the ear of Leaders of the House, and they find time that they never had before.

The slight danger of doing it this way is that something has to go from the independent expert panel to the Committee on Standards. I know that the Committee shall produce a report and it must be equal to the report that has come from the independent expert panel; none the less, there is a danger that the process is a bit more cumbersome and it undermines an element of the independence of the independent expert panel. We might end up having a debate in the Standards Committee, and I think that would be entirely inappropriate. If the House cannot have a debate on it, why on earth should the Standards Committee be able to have a debate on it? I can assure the House, having discussed this with the Standards Committee, that we will not debate that. However, I am the Chair today, and who knows who might be the Chair in the future or who might be the members of the Committee in the future? So I would still prefer us, at some point, to have proper legislation to clear this up, rather than simply relying on the Standing Orders and the good will of the Committee on Standards.

[Pete Wishart]

The hon. Gentleman is a very effective Chair, and I think we all respect and admire the work he is doing. On the legislation versus Standing Orders issue that he raises, he is right that Sir Stephen did indeed want legislation, which I would support, but the concern was that such legislation might be subject to legal challenge, and I do not know exactly where that leaves us. I am interested in his view if we were to go down the legislative route. What would be his concerns if legal challenges were to emerge because of that?

[Chris Bryant]

We have not been advised of any problems with legal challenge. I still think legislation would be better. Legislation always—or nearly always—puts things completely beyond doubt, whereas Standing Orders changes do not always put things completely beyond doubt. However, it would then be a proceeding in Parliament and, as we all know, article IX of the Bill of Rights says that no proceeding in Parliament should be

“impeached or questioned in any Court”

of law or any other place.—[Interruption.] I have got it right, have I not? I think we would be able to rely on that very solidly, and that must appeal to the Leader of the House because it goes back to the 17th century. On the question of the independence of the IEP, we are very keen in the Standards Committee that we will do everything to maintain that independence, and it will not be questioned or impeached by us in any shape or form.

I note that the changes to the Standing Orders say that the Chair of the Committee can do something if the Committee has not managed

“to meet within 3 sitting days”.

I think this would happen quite often, because it is quite difficult to ensure that the Standards Committee is going to meet within three days, especially because the independent members come from some distance and we would not necessarily be able to gather them together, and we can be quorate only if we have three lay members and three members who are Members of the House.

I gently suggest to the Leader of the House that it might be nice, at some point, to have a Standing Order that says that all motions from the independent expert panel or from the Committee on Standards will be before the House within three sitting days as well, but I know what he is going to say. He will say that it is all very difficult, and that sometimes it is impossible to find time and sometimes it is possible to find time—