Risk-based Exclusion

Rosie Winterton Excerpts

Monday 13th May 2024 Commons Chamber

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. I have three more speakers to call. There is nothing wrong with interventions, but I would be grateful if speakers stuck within the seven-minute period, because otherwise it will get to 10 minutes, and we will not have time for the Minister.

--- Later in debate ---

[Madam Deputy Speaker (Dame Rosie Winterton)]

I remind the House that amendment (h) is consequential on amendment (o), to which the House has already agreed.

Amendment made: (h), in paragraph (1) of the proposed Standing Order, leave out “is charged with” and insert

“has been arrested on suspicion of committing”.—(Wendy Chamberlain.)

Amendment made: (n), after paragraph (2) of the proposed Standing Order insert—

“() The Panel shall have power to meet notwithstanding any adjournment of the House, in person or by electronic means.”—(Penny Mordaunt.)

[Madam Deputy Speaker]

I remind the House that amendments (p) and (q) are consequential on amendment (o), to which the House has already agreed.

Amendments made: (p), after paragraph (2) of the proposed Standing Order insert—

“() The Panel will not be given the name of the Member being risk assessed.”

Amendment (q), in paragraph (11)(b) of the proposed Standing Order, leave out

“the charge has been withdrawn”

and insert

“no charge has been made”.—(Wendy Chamberlain.)

Main Question, as amended, put.

A Division was called.

[Madam Deputy Speaker]

Division off.

Question agreed to.

Resolved,

That—

(1) this House approves the Report from the House of Commons Commission, A risk-based exclusion policy for the House of Commons – updated proposals, HC 386;

(2) the following Standing Order be made:

“Risk-based exclusion policy

(1) When the Clerk of the House is informed by the police that a Member has been arrested on suspicion of committing a violent or sexual offence a risk assessment will take place.

(2) The risk assessment will be carried out by a Risk Assessment Panel, appointed by Mr Speaker.

(3) The Panel shall have power to meet notwithstanding any adjournment of the House, in person or by electronic means.

(4) The Panel will not be given the name of the Member being risk assessed.

(5) In carrying out a risk assessment the Panel will have regard to—

(a) the nature of the alleged misconduct;

(b) whether there is any safeguarding concern;

(c) the risk to the Parliamentary community, or a particular individual, group or groups within it;

(d) information from the police; and

(e) any undertaking that the Member in question is subject to an existing voluntary agreement not to attend the Estate.

(6) The Panel shall have the assistance of the Counsel to the Speaker, the Director of Parliamentary Security and such other members of the House administration as it thinks fit.

(7) The Panel will decide on appropriate measures to mitigate any risk, and such mitigation may include one or more of the following—

(a) exclusion from the Parliamentary estate;

(b) exclusion from domestic travel funded in whole or in part through the House of Commons Estimate; and

(c) exclusion from foreign travel funded in whole or in part, directly or indirectly, through the House of Commons Estimate.

(8) Members must not lobby the Panel in a manner calculated to influence the outcome of a risk assessment process.

(9) A Member subject to exclusion from the Parliamentary estate may apply for a proxy vote.

(10) If the Panel considers a Member should be subject to exclusion it shall inform the Speaker, and the Speaker shall authorise the House administration to take such measures as are necessary to ensure the Panel’s decision is implemented.

(11) The Panel may review its risk assessment in the light of new information, and as a consequence of that review may recommend ending any exclusion, varying any existing risk mitigation measures, or introducing further measures as a result of its review.

(12) The decisions of the Panel in relation to a particular case and actions taken thereafter shall not be made public and shall be kept confidential (except insofar as is reasonably necessary to ensure the decision is effected).

(13) A Member’s exclusion will end if—

(a) the Panel so decides and informs the Speaker accordingly;

(b) the Speaker and the Panel are informed by the police or another competent person that the police have concluded their investigations and no charge has been made; or

(c) a criminal trial has been concluded.”

(3) the operation of Standing Order (Risk-based exclusion policy) be reviewed by a panel appointed by Mr Speaker, and the report of that panel shall be laid before the House no later than six months after the date of this Order; and

(4) Standing Order No. 39A (Voting by Proxy) be amended as follows:

(1) In paragraph (2)(d) after “injury” insert

“() risk-based exclusion from the Parliamentary estate”; and

(2) After paragraph 5(b) insert

“() The Speaker shall not specify the reason for which a proxy vote has been given in any such certificate.”