Members of Parliament: Risk-based Exclusion

Debate between Sammy Wilson and Charlotte Nichols

Monday 12th June 2023 Commons Chamber

[Sammy Wilson (East Antrim) (DUP)]

I am glad that this is just a general debate, because I suspect that were there to be a vote at the end, many Members, even those who have grave doubts about these proposals, would feel almost compelled to go through the Aye Lobby, for the very reasons that have been given by some of those who have spoken this evening. We have heard that we must restore the image of Parliament, that we must respond to the concerns of our constituents, and that we must consider the reports in the press about this place. I suspect that many people would have thought to themselves, “Although I am not satisfied with all the proposed safeguards, rather than put my head over the parapet and go through the No Lobby, I will go through the Aye Lobby”, and I think that in the context of what we have before us, that would have been wrong.

Of course this should be a safe working environment, and of course a blind eye should not be turned to Members of Parliament who disgrace themselves, disgrace this place and disgrace their constituents through their behaviour. We have a moral duty—apart from our political duty—to ensure that that does not happen. Let me explain my main concern, which we have already heard expressed by others this evening. This started off as an exercise: what do we do if people are charged? I have looked at the evidence, and some, although not a majority, asked, “What about before charge?” I suspect that there was a bit of running for cover. If some people are saying, “You are covering up until the person is charged”, the goalposts have been moved. I do not know what was in the minds of the people who eventually wrote the report, but I suspect that behind their concerns was the question, “Are we being seen to be too lenient, or having a desire to cover up the offences of people who do wrong in the workplace?”

We should look at the threshold that is being set here. When the police have credible evidence, it is reported to the panel. We know what happens, especially in high-profile cases. Let us put ourselves in the place of a senior police officer. An allegation is made, and is passed upwards. “Do you know what has happened in Westminster? An allegation has been made against such-and-such a well-known person.” It would be a very brave police officer who said, “Let us just leave this for a moment, see what further evidence there is, and investigate this case.” The danger is that if the allegation is correct, and if something even worse happens and that gets into the press, the first thing journalists will ask—and, I suspect, the first thing that some Members will ask—is “Why did the police not tell us?” There will be what is almost a default position at the very first line of defence. Should we take the precautionary attitude, even though we have not investigated the matter fully, rather than take the risk that this could be a bad individual who could repeat the offence and hurt someone else? Let us report it to the panel. I suspect that once the panel gets credible information, as it is described, from the police, there will not be too much willingness on the panel’s part to sit back and say, “Let’s look at these allegations a bit more closely”, especially if the individual concerned does not even have the opportunity to argue the case to the panel that the allegations are totally spurious.

Of course the allegations might be genuine, but we know that there are a number of people out there who do not like our politics, who do not like MPs full stop or who think we are all a bunch of wasters, and there are also some disturbed individuals, and they will make allegations. We have evidence of the police being given allegations—the Carl Beech case and Operation Midland are good examples—and of individuals being dragged through the dirt, with no charges ever being made but reputations being ruined. We cannot ignore the fact that if we take a cautionary approach because people are afraid of what might happen if we do not act immediately, individuals in this House could find their reputations damaged.

Let us look at what the impact will be. We have heard tonight that this is not about exclusion and that this process might never be used, but the very title of this debate, “risk-based exclusion”, indicates where this is going. An individual is going to find themselves unable to do their duties in this House, on the basis of credible information that has not even reached the point of the police thinking it serious enough to arrest them, question them and charge them. They cannot do their job. They can proxy vote, but that is not the main job of an MP. The main job of an MP is to listen to constituents here, to take part in debates, to express views, to go into Committees and to try and shape legislation, but they will be excluded from doing all that.

The report indicates that

“the Commission is not proposing any changes to what Members can and cannot do while absent from the estate”,

but the logic is that we cannot stop there. If we think that someone is a risk to individuals here, they will be a risk to individuals elsewhere as well.

[Charlotte Nichols]

I agree in principle that some safeguarding measures should be taken outside the House, but the right hon. Gentleman is failing to recognise that this is about our duties as a House. What would it mean, in a context where we had chosen not to act to put some sort of safeguarding policies and procedures in place, if someone who we chose not to exclude—were that proportionate and reasonable—went on to reoffend? This is about what our responsibilities and duties would be as employers and as a House, if we allowed that to happen.

[Sammy Wilson]

I agree with the hon. Lady on this one. If we go down the route of saying that an individual should not be in this House because they are a danger to staff, they are not going to be any less of a danger to the staff in their constituency office. That is why the very next paragraph in the report, paragraph 31, states:

“The Commission noted the strength of feeling in relation to the management of risk in constituency offices and agreed to write formally to the Speaker’s Conference”.

So we are going to find, on the basis of a credible allegation—which, by the way, has not led to the police arresting or charging anyone—that an individual could be excluded from this House and eventually excluded from their constituency duties in their own locality. All this will be done on the basis of allegations that have not been tested. It has been glibly dismissed, “Oh, it is not the panel’s role to take over the role of the judicial system. The panel’s job is not to find somebody guilty or not guilty.” All I have to say is that, if the panel makes a decision that someone is not safe to be in this place and should therefore be excluded, even though the panel might try to keep it secret, it will not be too long before that individual is known. That Member will have a proxy vote and will not be seen about the place, and we know how rumours go around.

People might say, “No, no, the panel is not there to find anybody guilty,” but by default that person will be regarded as guilty because very severe action has been taken against them—action so important and so severe that they have been excluded from doing their job—even though they have not been arrested or charged.

It is not just vexatious claims; it could also apply to cases where a person has made a complaint, genuinely believing, “That MP’s behaviour was inappropriate, so I’m making a complaint.” They might be convinced in their own mind—it is not that they are trying to do somebody down—even though the legal test has not been met to justify the allegation.

[Sammy Wilson]

I accept that, but the report talks about referring this to the Speaker’s Conference to see what measures could be taken, because it is recognised that there is a logical step here. That is why it is so important to get this right, so that we know when it is safe to trigger some sanctions against an MP where allegations have been made. I think the threshold that has been set, of credible allegations being made to the police—who I believe will act in a precautionary way—is far too low a bar that will lead to situations in which Members could find themselves unjustly treated. The Chair of the Standards Committee, the hon. Member for Rhondda (Sir Chris Bryant), talked about the principle of fairness, which will not be met.

[Charlotte Nichols]

I want to pick up the right hon. Gentleman on his use of the term “sanctions.” Again, when we talk about a risk-based approach and about mitigating some of those risks, exclusion is not a sanction. Exclusion is a safeguarding proposal that is done without prejudice, in the same way that, in any other workplace, people can be suspended while an investigation is carried out, for safeguarding purposes. We have 650 individual employers, as well as the House itself, so does he not think that we have the same duties and responsibilities around safeguarding as any other workplace?

[Sammy Wilson]

Where an individual is excluded from coming here, from meeting constituents here, from talking to lobbyists here and from taking part in debates here—eventually, that exclusion could stretch beyond this House—there is hardly any way to describe it other than as a sanction, because that individual would be prevented from doing certain things that are an integral part of their job.