Independent Complaints and Grievance Policy

Rachael Maskell Excerpts

Wednesday 28th February 2018 Commons Chamber

[Rachael Maskell (York Central) (Lab/Co-op)]

I really appreciate the right hon. Lady giving way. On the definitions of bullying, why is the older version of the definition used, as opposed to the most recent version, which takes away the issue around intentionality? Often, perpetrators hide behind that.

[Andrea Leadsom]

The work on the detailed procedures, including definitions, will be finalised once the work of the House authorities gets under way to put these proposals in place. If the hon. Lady wants to propose a different definition, I will be very pleased to look at it, and I will certainly take into account all views in that regard. I am committed to ensuring that work proceeds at pace over the next few months, and I am pleased to report that the House authorities have already begun preliminary work on several of the workstreams needed to implement these policies.

Members will also want to know that the following four interim steps have already been taken to improve the services available. I have mentioned them previously, because we wanted to ensure that we had immediate steps following the serious allegations we all heard about in November. First, enhanced support arrangements have already been provided through the extension of the employee assistance programme helpline run by Health Assured. Secondly, face-to-face counselling sessions can be offered where appropriate. Thirdly, an interim service providing HR advice for Members’ staff was launched in January. Fourthly, political parties have all updated their behaviour codes and published them on the parliamentary intranet. This demonstrates that we have already taken urgent action, but of course the new procedures will go much further.

For the benefit of Members not present at my previous statement, I will turn briefly to the process for making a complaint or raising a grievance against a Member of this House. As colleagues will appreciate, the process for raising complaints against other members of the parliamentary community, such as peers, Members’ and peers’ staff, journalists and contractors will each differ according to their particular role. All procedures are designed for the protection of staff and parliamentarians alike and have fairness at their heart. It is intended that the House authorities will procure two independent services: one to consider allegations of sexual harassment and violence, and the other to consider workplace bullying and intimidation. Both avenues will provide support and, where needed, will investigate the complaint. Where informal resolution is not possible and the complaint is upheld, it will be referred to the Parliamentary Commissioner for Standards in the case of a Member of this House.

The working group proposes that the commissioner’s role will be expanded and reformed. She will have access to legal advice, and will be able to impose a new range of lower-level sanctions that may include a written apology, mandatory training or future behaviour agreements. The commissioner will be able to review any finding by the independent investigator, and where she does so she will ensure that her investigations are also strictly confidential, that both the complainant and the alleged perpetrator have access to all evidence, and, crucially, that each has the right to representation or to represent themselves. These measures will ensure fairness.

In the most serious cases, the commissioner will refer her findings to the Committee on Standards. The Committee can recommend to the House that an individual is suspended, and the House will vote on the recommendation. It is through this route that the existing procedures under the Recall of MPs Act 2015 could be invoked. The trigger for recall remains the same as it is now, and there is no plan for changes to primary legislation. The working group recognised the fact that those who work in this place are often in the media spotlight, and that vexatious and malicious complaints are a risk. The new procedures will therefore ensure checks and balances are in place to guard against such complaints, while making sure complainants can come forward in a safe and confidential manner.

I will turn now in more detail to the individual workstreams needed to implement the new procedures. We expect six major workstreams to be established, and I would like to address these individually. It is the intention that most of the workstreams will be completed in three months or less.

First, and very importantly, a new behaviour code for Parliament will be developed. This was a key recommendation of the working group report. It will ensure that we are all aware of and able to promote the highest standards that are expected in the parliamentary community. It will cover all those working in both Westminster and constituency offices, and all pass holders. With the approval of the House, we will consult on this new behaviour code: it is important that those who would be subject to the code have the opportunity to contribute to its development. The code must be something that binds us all. It will underpin the new scheme, which will be able to receive, investigate and resolve allegations of bullying, harassment and sexual harassment. It will also be the cornerstone of a cultural change to uphold dignity at work for all those who work with or for Parliament. It is our intention that the behaviour code will be brought forward within three months.

Secondly, there will be an implementation workstream around the bullying and harassment procedure. This will develop detailed policies and procedures, and commission the services of a new reporting helpline and a workplace dispute resolution service. The new helpline will signpost to available services, and ultimately the new services will be able to investigate independently allegations of bullying and intimidation. Dedicated emotional and practical support for all those involved in a complaint will be an important aspect of the new services.

Thirdly, there will be a separate workstream commissioning a new independent specialist service around sexual harassment and violence. A single point of ongoing support will be provided for complainants by an independent sexual violence adviser. Investigations of misconduct will be able to be conducted by an independent investigator with a specialist qualification in understanding sexual harassment.

[Rachael Maskell]

I thank the Leader of the House for being generous with her time. May I just caution her once again about the issue of mediation when it comes to bullying and sexual harassment, because of the inequalities of power? We want to ensure that there are clear processes that enable equality of power. Often, mediation has the reverse effect.

[Andrea Leadsom]

I hope I can reassure the hon. Lady that the issue she raises was at the core of all the evidence we took and all the discussions we had, and of the determination of the working group to address the issue of imbalance of power to make sure that the interest of the complainant is at the heart of the whole procedure, so it is very much complainant-led and ensures that people feel safe and are able to come forward in a safe space without the fear of being intimidated further. I think I can reassure the hon. Lady on that point, but of course I am very happy to speak to her separately if she wants further reassurance.

Fourthly, new training is already available to help people understand more clearly what types of behaviour might be considered bullying or harassment and the impact that this can have on individuals. This is the first step towards implementing the working group’s recommendation that the new independent grievance and complaints policy needs to be supported by a comprehensive training programme. Training will be a significant workstream and will also include learning opportunities for Members and their offices in their role as employers. The House authorities have also established a new induction programme for Members’ staff, with the first session being run this week in response to the working group’s request.

Other individual areas of work, including on the fifth workstream, are already under way. This includes work to prepare for a third party supplier of HR advice for Members’ staff to replace the interim service launched in January. This will be supported by a new Members’ staff book. A first draft has already been compiled by the Independent Parliamentary Standards Authority and the House authorities.

Finally, the working group has been clear that in order to implement a number of the group’s proposals, the sixth workstream will develop the remit and processes of the Parliamentary Commissioners and the Standards Committees in both Houses. This workstream will necessarily involve separate but parallel processes in both Houses, liaising with each other as necessary. At the end of these processes, changes will also be likely to be needed to the existing parliamentary codes, not least to reflect the new behaviour code.

Regarding the amendment on the Order Paper, I welcome its clarity. I assure right hon. and hon. Members that as well as having recently met the new Parliamentary Commissioner for Standards and having recently scheduled a meeting with the Standards Committee, I can absolutely give the assurance that consultation with the commissioners and the Standards Committees will continue and will form a key part of the next stage of our work.

It is important that the development of these workstreams is underpinned by fairness, confidentiality and a recognition of the unique environment in which these procedures are being implemented. The new arrangements must therefore be monitored, reviewed and embedded as part of a wider change in culture. I would like to pay particular tribute in this regard to the Political and Constitutional Affairs Committee for its excellent recommendations to the working group. Unfortunately, the Committee’s letter was omitted from the list of written submissions in annex B of the report—for that I apologise. One of the suggestions made in its submission was about the importance of review and scrutiny of the working group’s proposals. It is our intention that once the proposals have been implemented, a cross-House body or group should review the implementation and operation of the new processes, and in the meantime a steering group, whose membership will be based on the composition of the working group, will oversee the implementation period.

In conclusion, I am confident that the measures that the working group has recommended will provide the basis for the significant and sustainable change to which we all aspire: a Parliament that provides dignity at work for all. We need to make sure that our Parliament is among the best in the world, demonstrating our commitment to equality, justice and fairness. I hope that the House will endorse the working group’s recommendations today.

[Valerie Vaz (Walsall South) (Lab)]

I thank the Leader of the House for opening the debate. This is the fourth time that the matter has been before the House and it is good that we can continue to debate this important topic in this way. We have had three statements and now this motion. If we cast our minds back, our first meeting was on Monday 6 November 2017, with the Prime Minister and the leaders and representatives of other parties. The report was published on 8 February 2018, and I have passed it on to every Member of the Opposition. I place on record my thanks to all the staff involved for putting together the report and all colleagues who were involved in the working group.

All the motion does is set out the work that the House authorities have to undertake. There needs to be time to look at how to put the processes and procedures in place, and, of course, a working group cannot do that. To pick up the point made by my hon. Friend the Member for York Central (Rachael Maskell), who worked in this sector, she will have an opportunity to feed in to the full-time, permanent person who will be dealing with this.

The Leader of the House outlined in detail exactly the work that needs to be done, so I will confine myself briefly to two areas: training and the steering group. On training, I do not consider any training programme to be onerous. It is not a judgment on people’s views, but just ensures that everyone is in the same place. It will be useful for all Members to be updated with the latest practices and acceptable behaviour in a modern workplace.

[Rachael Maskell]

Can we not ensure that training is mandatory and face-to-face, and that it is brought in this year, so that we do not have to wait until the next Parliament?

[Valerie Vaz]

I thank my hon. Friend for her comments. That is exactly what I would want to see from any training programme. As the Leader of the House outlined, we expect something to be put in place after three months, when the permanent person has looked at all the details of what they have to do.

Secondly, the steering group will monitor the work that has been done. As the Leader of the House knows, the working group was set up on an ad hoc basis. A few people have been asked to and were allowed to join the group, but in my view, the steering group should be a bit more representative and perhaps include other groups and unions. I would support the inclusion of the House trade union side to widen the representation slightly, but perhaps the numbers on the steering group need to be reduced.

Most importantly, a number of new initiatives were set up. When events first hit us in November, Mr Speaker acted very swiftly and extended the helpline so that it was a 24-hour, seven-days-a-week helpline from Health Assured. It would be useful to have the figures on how that is being used, perhaps at the next Commission meeting, because it will then have been six months since it was extended to every single person working on the Estate.

I do not underestimate the amount of work that the House authorities need to do. Although it is useful to get updates from time to time, they need to be left to get on with the work, consulting my right hon. Friend the Member for Rother Valley (Sir Kevin Barron) and his Committee, the Select Committee on Standards; the hon. Member for Harwich and North Essex (Mr Jenkin) and his Committee, the Public Administration and Constitutional Affairs Committee; and all other hon. Members who feel that they have something to offer. Only when processes are in place and being used will we know if they are robust and command the support of those who seek to use them.

The Opposition support the motion as tabled and amended and look forward to being updated. We thank the staff for taking on this task, so that we have a truly modern Parliament, where everyone knows the boundaries of acceptable behaviour in a safe and secure workplace.

Business of the House

Rachael Maskell Excerpts

Thursday 2nd November 2017 Commons Chamber

[Andrea Leadsom]

My hon. Friend raises an interesting point. As we consider how we can improve value for money for taxpayers while using best HR practice from around the world, we will of course look at other legislatures. Especially with regard to resolving the question of how to keep people safe at work, it will be essential that we look at what is done elsewhere.

[Rachael Maskell (York Central) (Lab/Co-op)]

On standards, I am deeply concerned about the bullying culture within Parliament, an issue that was actually dismissed by Mr Speaker when I previously raised it with him, terming it to be a “women’s issue”—it clearly is not. It is absolutely vital that we use this opportunity to address bullying and to bring forward mandatory training for everyone in this House.

[Andrea Leadsom]

I absolutely agree with the hon. Lady and will happily work with any colleagues from across the House on making sure that we seize this opportunity to put things right. We must ensure that nobody is left out of the process—it should include all political parties, those with no political party, and all those who work in this place and come here to help us on temporary work placements, as interns and so on—so that we get this right once and for all.

Sexual Harassment in Parliament

Rachael Maskell Excerpts

Monday 30th October 2017 Commons Chamber

[Andrea Leadsom]

I certainly share the hon. Gentleman’s concern, and he will be aware that members of staff often move around and work for other Members of Parliament. Clearly, there should be different outcomes for different situations, but it is very important that victims feel that they are heard, understood, listened to and supported, and that their concerns are then acted upon.

[Rachael Maskell (York Central) (Lab/Co-op)]

Thank you for your statement today, Mr Speaker.

May I caution the Leader of the House about her focus on mediation? Mediation assumes there is an equality of power. Where there is a perpetrator and a survivor of sexual abuse there is a clear inequality of power. Will she look at this again?

[Andrea Leadsom]

To be clear, I am not talking about mediation; I am talking about an independent grievance procedure where independent people would investigate a particular situation, quite apart from the Members in this House. The victim would absolutely not be mediated with the alleged perpetrator of the crime against them.

Business of the House

Rachael Maskell Excerpts

Thursday 26th October 2017 Commons Chamber

[Andrea Leadsom]

The hon. Gentleman is absolutely right to raise the importance of ensuring that local authorities do all they can to facilitate new house building. He will be aware that the Government are looking into how we can facilitate exactly that. I encourage him to raise it with Ministers at every opportunity.

[Rachael Maskell (York Central) (Lab/Co-op)]

I was bitterly disappointed that the Leader of the House did not announce a debate around the NHS. We have heard cries from across the House about the state of the NHS. In York, our health service will run out of money within the month. Can we have an urgent debate, ahead of the Budget, on NHS funding, so that we can ensure that the money goes to the right place? We are having real-term cuts in York.

Business of the House

Rachael Maskell Excerpts

Thursday 12th October 2017 Commons Chamber

[Andrea Leadsom]

I think we can all agree that football has a really good part to play in providing a role model for young people, where it seeks to do that—it can also be a bit of a problem on occasion. However, the example the hon. Gentleman gives of football being used as a means to motivate and inspire young people in schools is very valuable, and if he wanted to apply for an Adjournment debate, I am sure you would look very favourably on the matter, Mr Speaker.

[Rachael Maskell (York Central) (Lab/Co-op)]

I do not know what the Government have against the children of York, but we are going to experience real funding cuts to all the schools across the city—in fact we are going to move from being the seventh worst funded authority to the very worst funded authority. When will the Government have a debate in their time to discuss the new funding formula?

[Andrea Leadsom]

The hon. Lady might like to share in the genuine happiness and pleasure at the fact that 1.8 million more children are in good and outstanding schools than in 2010. Unfortunately, the Opposition always equate achievement with more money. It is just not clear to me from what the hon. Lady said that she is concerned about standards in her schools—she just talked about money in her schools. If she wants to raise the issue of standards and achievement, that would be different, but, unfortunately, the Opposition always focus on just providing more money. This Government’s achievement in education has been superb. There are more children in good and outstanding schools—1.8 million of them—than ever before. It would be great if the Opposition recognised and celebrated that.

Business of the House

Rachael Maskell Excerpts

Thursday 7th September 2017 Commons Chamber

[Andrea Leadsom]

My hon. Friend, as ever, makes a really important point, which is that this House will scrutinise all legislation relating to EU withdrawal and to our future policies post EU in the usual way, and that that democratic oversight will be continued for the duration of this period.

[Rachael Maskell (York Central) (Lab/Co-op)]

Despite serious underfunding and rationing in Vale of York clinical commissioning group and the acute trust, it has been placed in the capped expenditure process. Over the summer, it emerged that this process seems to be changing day by day. May we have a statement from the Secretary of State for Health to say exactly what the process is and to ensure that our health service is properly funded to meet local demand?

[Andrea Leadsom]

As the hon. Lady will be aware, NHS funding will be over half a trillion pounds from 2015 to 2020, and we have protected and increased health funding. As regards local sustainability and transformation partnerships, where work is under way to change processes locally, there is broad consultation under reconfiguration tests, where there must be support from clinical commissioners, clinical evidence, patient and public engagement, and support for patient choice.

Business of the House

Rachael Maskell Excerpts

Thursday 13th July 2017 Commons Chamber

[Andrea Leadsom]

This has been an issue right across the UK. The Post Office has really stepped up to the plate and I believe it now offers basic banking services for all the main UK banks and certainly for Barclays. The flexibility of post office opening hours means that many constituents can get better banking services. I am pleased that the hon. Gentleman raises this issue, because one of the biggest challenges is making people aware of that fact. He knows that the banks have an agreed consultation process before they decide to close. Nevertheless, I urge him to look at the prospects for post offices stepping into the gap.

[Rachael Maskell (York Central) (Lab/Co-op)]

By September, we will not have had an Opposition day debate for a staggering seven and a half months. In the interim, may we have a debate in Government time, because I, for one, want to debate the capped expenditure process, which will lead to massive cuts in York’s already underfunded NHS?

Business of the House

Rachael Maskell Excerpts

Thursday 6th July 2017 Commons Chamber

[Andrea Leadsom]

I totally agree that the contaminated blood situation over several decades, which has affected people in so many different ways, was a terrible thing to happen. The hon. Lady will appreciate that successive Governments have, over decades, reviewed the situation and made compensation available to all those victims. I am aware that the last review, in 2015, made further recommendations and that there are concerns about the possibility that there was some cover-up. I encourage her to seek an opportunity for a debate, to try to air that issue further.

[Rachael Maskell (York Central) (Lab/Co-op)]

As we have heard, the broken business rates system is very detrimental to business. Frankly, it is a shambles—that view is echoed in businesses right across York, including those trading in the Shambles. May we, as we heard in the Budget, have the consultation brought to this House, because we were promised this in February and it has not seen the light of day? I would therefore like an urgent statement on why it has not been.

[Andrea Leadsom]

The hon. Lady will know that rateable values are set independently by the Valuation Office Agency and reflect open market rental value. The Government do not intervene in that independent exercise, but I do understand that if the market rent for the area has changed, rateable values change with that. She will be aware that the Chancellor announced a £300 million discretionary fund over four years, from 2017-18, to deal with issues of business rates changing for particular businesses. That has been made available to local authorities so that, at their discretion, they can support individual businesses in dealing with their issues.

Business of the House

Rachael Maskell Excerpts

Thursday 29th June 2017 Commons Chamber

[Andrea Leadsom]

Yes, the hon. Gentleman is right. Several colleagues have raised concerns about education, which the Secretary of State will have heard. I will certainly discuss that with her. She is of course looking closely at some of the issues, and the Government are determined to ensure that more children have the opportunity of a good school and a decent education. She is looking closely at the funding formula not only to make it fairer, but to try to ease the burdens on schools. I am sure that she will be making statements on all those issues in due course.

[Rachael Maskell (York Central) (Lab/Co-op)]

The Vale of York clinical commissioning group has been continually underfunded. As a result, it has fallen into deficit and is now being punished further by being put into the capped expenditure process, meaning that it will have to make further service cuts. May we have an urgent statement from the Secretary of State for Health on the capped expenditure process?

Business of the House

Rachael Maskell Excerpts

Thursday 22nd June 2017 Commons Chamber

[Andrea Leadsom]

The hon. Lady raises an incredibly important point. All I can say is that the Government will be looking very carefully at the judgment and deciding on their position.

[Rachael Maskell (York Central) (Lab/Co-op)]

Following seven years of delay and four court cases that found the Government wanting, the Government published the draft air quality plan on 5 May. This was after Parliament had risen, and the consultation ended before Parliament met. The final air quality plan needs to be in place on 31 July. May we therefore have an urgent debate in Government time on this issue, which really does impact on my constituents who die prematurely because of poor air quality?

[Andrea Leadsom]

The hon. Lady is right to raise this very significant and serious public health issue. As Secretary of State for Environment, Food and Rural Affairs until recently, I was very closely involved in the enormous amount of work that has gone into producing the air quality consultation. She is right that the plans will be published at the end of July. The Government are firmly committed to improving the UK’s air quality. That is why we have committed more than £2 billion since 2011 to increase the uptake of ultra-low emission vehicles and committed to support greener transport schemes with a further £200 million in the 2016 autumn statement. There is a lot that needs to be done, and it is a complex scenario, as she, too, knows very well, but I do believe that we will be able to make strong progress very soon.