Members of Parliament: Risk-based Exclusion

Stella Creasy Excerpts

Monday 12th June 2023 Commons Chamber

[James Sunderland]

The hon. Lady is not wrong and I concur with her point of view, but of course it is entirely possible that when a charge is brought an individual may be found not guilty in a court of law. A charge does not itself define guilt. By that same token, if someone is arrested on a charge, ultimately they have to allow that process to play out until the point at which they are castigated and removed from the estate voluntarily or otherwise. I take her point, but, for me, the Commission has work to do to draw a distinction between the point at which someone is arrested and the point at which a charge is made.

[Stella Creasy (Walthamstow) (Lab/Co-op)]

The hon. Gentleman has just said that somebody can be charged but still be found not guilty, in the same way that somebody could be arrested and not charged. It is about the evidence that is presented. As he said at the start of his speech, we have a duty of care. We are talking about a risk-based exclusion process. It is not actually about the perpetrator, alleged or otherwise. It is about the evidence presented at that time of risk to those who remain. Can he say a little about what he proposes to do to tackle that risk if he wants to wait until charge, based on the evidence presented to the House by the police at that moment?

[James Sunderland]

I thank the hon. Lady for that intervention and, again, she is not wrong. I do not have an answer, but this is the key thing for me: evidence is what is used in a court of law. Are we judge and jury? Is a staff panel judge and jury? Is the evidence presented to a quango body of individuals here enough, without a charge being brought, to exclude a Member from the Estate? As I said, I think there is work to be done between the point of arrest and the point of a charge being brought.

[Stella Creasy]

By the hon. Gentleman’s logic, there is no evidence of risk that could be presented by the police to this place on which we could act. Is he really saying that, or do we need a process that could assess the evidence being presented? Is he that specific about it: there is nothing that he could be told about the risk posed by somebody to people in this place that would cause him to act?

[James Sunderland]

Once again, I find myself concurring with a lot of what the hon. Lady is saying, but my view on this question is that because we are debating it now, the answer is not clear. Ultimately, we have to allow the Commission to make further findings in respect of what the evidence does. My personal feeling is that we have to wait for the charge to be brought before we give enough credence to the evidence. Arrest, in my view, is not enough.

The second issue is how we as a House manage complaints that may be vexatious. We discussed that question earlier, but I would like the Commission to do a bit more work on it. If a complaint has been made and it is entirely vexatious, we have to be able to spot that very early on and deal with it. For example, another Member said during the consultation that

“I am concerned about malicious claims towards MPs, which are constantly on the rise and members being excluded without it being a charge, often these are politically motivated.”

If we follow that logic through, it basically means that any Member can be asked to leave the estate for any reason. Therefore, we have to put in place a process whereby credence is given to an allegation. An arrest may or may not be made, and in my view, it is the point at which the charge is brought that gives that credence to the process. As such, we have to make sure that we can properly define the gap that is in the middle.

I would like to make a further point about management of risk. For me, the important thing in this debate is how we manage the risk-based exclusion, which again is not clear from the Commission. Basically, I want to better understand how we manage the risk: who is responsible for managing that risk? Who is responsible for determining the evidence, if it exists, and who is judge and jury? How do we manage that risk? Who decides, and what factors are involved? In my view, those questions need more work before we can go firm on any vote or otherwise.

The last issue I will address is that of the proxy vote. In my view, a proxy vote has to happen. MPs are elected to do a job, and they must do that job until the point at which they are no longer able to do it—again, innocent until proven guilty. There is a requirement for MPs to exercise their judgment and represent the interests of their constituents throughout the process. Therefore, unlike the earlier recommendation from the Procedure Committee, I am completely happy with the extension of the proxy vote in this case. MPs are still MPs; they are still part of the team and need support. They must not be left on the scrapheap, either. It is important for them—for their own peace of mind and their own validation—to be able to exercise that vote via a proxy. Again, I am not comfortable with the idea that the names of those who have a proxy vote would somehow be published. Those who have a proxy vote should not necessarily be identified as having one, for all the reasons of confidentiality that we have already discussed.

I also welcome the fact that the Commission is now actively considering extending the proxy vote scheme for other reasons. Historically and currently, it has been for maternity and paternity leave, but it should be extended beyond that, to illness and those who may be excluded from the estate.

--- Later in debate ---

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I think there is some common ground among contributors to this debate. It is not innocence or guilt that should be in question—this is about our responsibilities. It is about the probability of harm or further harm when sufficient evidence has come to light to merit the involvement of the police. The Leader of the House said that she was here to listen, so let me offer what I believe is probably a counterbalance to some of what has been said today. It is critical to recognise that we are talking about a risk-based exclusion process; this is not about the person who has been accused. We have a responsibility to act because this is about the risk of harm to people in their jobs and in their lives as part of their connection to Parliament.

In parts of this debate, it has almost seemed as if we have forgotten the victims, the potential victims and the risk of harm. That is to our discredit as a House, because we face such a major challenge, and we must be honest about that. I can reassure you, Mr Deputy Speaker, that I will abide by what you said at the start of this debate, but, frankly, it is terrifying to me that you had to ask us not to talk about individual cases. We are all living in an environment where we know how pressing it is to resolve this matter, because we know of the number of cases involved.

I recognise the passion that the hon. Member for Christchurch (Sir Christopher Chope) brings to this debate, but I must be honest: I do not think that arguing that somebody who is on sex offenders register can also be an MP is quite the attack on these proposals that he thinks it is. If anything, it shows that, for so long, this place has lived by rules that no other workplace—frankly, no other planet—would think were reasonable. He says that he is biased towards the accused. Well, that should automatically rule him out of this process, in the same way it would if somebody were biased towards the victims. This is about risk. It is about how we interpret risk and our responsibility in this regard.

I am sorry that the hon. Member for Bracknell (James Sunderland) is no longer in his place. I listened patiently to what he said and I was very sympathetic to the thoughtful way that he approached this matter, but he kept saying that we need to look at this again, that we need to kick the can down the road one more time. We have been doing that in this place for years—that is what the cacophony of different organisations reflects. Every single time that we kick this issue into the long grass, say that it is too complicated and put it into a box because we cannot deal with it, our constituents think two things: “Hang on, in my workplace we had to deal with this” and “What planet are they on?”

It was 2017 when the #MeToo movement gave people the courage to come forward in this place with what was, frankly, the tip of the iceberg of the challenge we face. It is now seven years later, and we still have not made the progress that we would all like to see.

[Sir Christopher Chope]

I am grateful to the hon. Lady for giving way. Both my hon. Friend the Member for Bracknell (James Sunderland) and I were talking about the importance of the presumption of innocence before being proved guilty. That is why I say that I have a bias in favour of the accused. The accused is innocent until proven guilty, and the hon. Lady seems sometimes to forget that.

[Stella Creasy]

My concern is the concept of bias, because it means that the judgments that the hon. Member makes are not value-free. We need a process that people can have confidence in and that will act. In the last seven years we have seen time and again that what little reputation this place had has been shredded as a result of our failure to have those processes. It is not about the accused but about the hon. Gentleman’s concept of bias. He could not hear someone’s case without fear or favour if he were on a jury, but that is not what this is about.

The hon. Gentleman is concerned about vetting and barring; I used to work for the Scouts, where it was pretty standard to have vetting, barring and DBS checking for our volunteers. It was not seen as an unusual or difficult thing to do. I suspect that most people in daily life would be fairly shocked that Members of Parliament do not have that. They would expect a level of professionalism and safeguarding because of the kinds of cases that we might deal with and the kinds of people who might come and seek our help, and that would not be unreasonable.

The hon. Member needs to take seriously the point made by my hon. Friend the Member for Warrington North (Charlotte Nichols) about just how long it takes for cases to be heard and for the police to gather evidence when someone is arrested. We do not construct the system in a vacuum, so we must take account of the fact that, as the hon. Member for North East Fife (Wendy Chamberlain) pointed out, once someone is arrested, they will know that a complaint has been made. That is when the clock starts ticking. We know that this has been going on. In January, the Fawcett Society said that 69% of women MPs and 50% of all MPs—I presume men, too—had witnessed sexist behaviour and sexual harassment in Parliament. They had seen behaviour they thought was inappropriate in a workplace in the last five years.

The permanent swamp of complaints that we are living in means that the concerns are not without foundation. It is up to us all to recognise not just the individual examples but the collective challenge that we face to tackle that culture. It was not just in 2017 that people came forward; in 2018, Laura Cox had an independent review; in 2018, the Women and Equalities Committee made recommendations; in 2019, Gemma White produced a report and Naomi Ellenbogen produced a report for the Lords. I completely agree with my hon. Friend the Member for Rhondda (Sir Chris Bryant) that it cannot be just about MPs but must be about this place as a whole. The reality of daily life as a Member of Parliament is that they will interact with everyone on the estate, including their staff and the people who come and visit. It is not an unusual concept in any other workplace, but somehow we think we are different, and things are too complicated to make progress. Little wonder the cases still come; little wonder the Deputy Speaker has to issue such a warning.

My worry is that we will deter people from coming forward. We will be unable to address these issues if we do not get the process right, and we will deter people from coming forward if they have to wait until charge. They might continue to be in a workplace with someone they have made a complaint about. The police will have deemed it serious enough to arrest that person and to come to the House authorities about them, yet they still have to be in contact with that person every single day if they want to do their job. We must trust that the police would not come forward with information were they not concerned that we needed to address a risk.

As the people who make the safeguarding legislation, we cannot say, “Sorry guv, this is all too complicated for us, so in this place we won’t have the rules that we ask of other places.” It is right that we do not ask our Whips, who have to do an incredibly difficult job in managing us all at the best of times. As someone who spends too much time around toddlers, I do not envy the Whips, because it feels like a harder job sometimes.

We cannot have a system that is immune to the impact on political parties. Again, my hon. Friend the Member for Rhondda was right to talk about the interactions that exist and the need to have a process that people feel is fair and firm. Patronage and power are infused throughout this place, and that does not stop when someone is arrested. Indeed, the pressure on the person who has come forward becomes even greater. It is our responsibility to address that.

The Leader of the House said that she is looking to hear views, but let me make a simple plea: why do we not do what we ask of other workplaces in the legislation that we ourselves have put in place? Sexual harassment at work is specifically outlawed as a form of unlawful discrimination by the Equality Act 2010. This is not about narrow points of process—I pay tribute to the Clerks who have worked on the report—but about us doing what we expect of other workplaces. Rather than having multiple processes where people can get clogged in the system and no one has any confidence about who is doing what to tackle an issue, we should have one simple process in which we can interact. It is not so complicated to have interaction between the political parties, the ICGS and this House, if we will it.

[Sir Christopher Chope]

To what extent is the hon. Lady sympathetic to the plight of those who are on the receiving end of false accusations? My understanding is that she herself has been on the receiving end of vexatious allegations that related to social services and her children. From that, she must feel the enormity of the burden that such false accusations bring upon somebody’s shoulders. Does she not have any sympathy for other Members of Parliament in that regard?

[Stella Creasy]

I think the hon. Gentleman has missed the point I was trying to make earlier: it is not about sympathy or bias, but about trying to have a systematic process that allows us to act as a House. That matters because every Member of Parliament has responsibilities as an employer. Under the Equalities Act 2010, we have a duty of care to our staff and to the people who work with us here, to make sure we are creating a safe environment. Whatever our private experiences, the issue is how we collectively uphold that. Frankly, if the hon. Gentleman does not do that and uphold his role in safeguarding, then my staff are at risk, as well as other members of staff. We get this right together, or we do not get it right at all.

We can get it right if we choose to, and if we follow the requirements put on any other workplace. Employers have a duty of care and are legally liable for sexual harassment in the workplace if they have not taken reasonable steps to prevent it. We make that a requirement for any business or public agency in our constituencies, which is why our constituents will be watching the debate agog that we cannot get our heads around that idea.

There are no minimum requirements: all employers are expected to have an anti-harassment policy and monitoring of its implementation, and clear processes for reporting harassment, protecting the victims and taking action if harassment occurs. That is why the cacophony of different organisations is a challenge, because it makes it hard for people to see how we are implementing the requirements that we ask of other workplaces. It is also why the risk-based exclusion policy should form part of that process. It should show that we take sexual harassment and serious violence seriously enough to have a process in place, so that if the worst comes to the worst, we can act.

In order to uphold those legal requirements, I would argue that the policy should cover all those who have a pass and all areas in which their status as a passholder means they are in a position of power. Again, we cannot put constituencies into the “too difficult” box if somebody claiming to represent Parliament might present a risk of harm. In reality, people will ask, “What did you do when you knew there was a challenge?” That is what the process is about. We cannot be good employers, upholding our duty of care, if we do not hold each other to account.

We need a process where if a disclosure is made—not tittle-tattle or gossip, but a disclosure—there are formal responsibilities. In any other workplace, that would be standard. If someone reported something to a senior manager, there would be an expectation that they would act on it. Indeed, a senior manager might say, “Do not tell me something if you do not wish me to act.” Frankly, I do not blame people who have gone to the press because they have seen the failures in our process; I blame us for not acting more quickly to resolve the situation. I hope, appreciate and understand the need to have the debate today and I am pleased we will have a motion before the summer recess, but I recognise that it cannot be just about MPs. It has to be about everybody who has a pass and has that status within Parliament.

None of this will change the culture, which we all know needs to change, whereby power corrupts and people use it to abuse. Most do not, but we know some do and consistently will without a system that tackles that. This is not about MPs marking their own homework. It is right that we bring in a third-party challenge from lay members, who are people who have to deal with the issue in their day-to-day workplaces. It is also right that we use the proxy voting scheme to deal with some of the issues that arise. As somebody who has been part of a proxy voting scheme, I argue that it is not the reason why we get abuse from people.

Safeguarding does not have to mean no socialising. It is perfectly reasonable for people to be able to go for a drink together, through the long hours that we do in this place, without that being inappropriate, but the fact that some Members are inappropriate means that we need to act and that we need a speedy resolution process. However, that speedy resolution also means resolving the issues involving multiple bodies. There is a general election on the horizon, and I would wager that most female MPs will say that the first question they are asked by other people—especially women—who are thinking about standing is “Is it safe?” They will ask, “Is it safe for my family? Will I receive abuse? What sort of behaviour will I have to deal with? Will it be like being around a bunch of toddlers?” I suspect that most of us will give an answer that we would not really want to defend.

We can change this. The public only have the chance to elect Members every five years, and perhaps none of us will there by the time these proposals are implemented, but we all have a responsibility to those whose voices are not being heard in our political process, because they look at this place and think we are all complicit. I hope that the hon. Member for Christchurch (Sir Christopher Chope) and I can find common cause in wanting to make it possible, in our democracy, for every voice to be heard. If this is a barrier, we can address it, but let us address it soon, because for too long those voices have not been heard, and for too long the consequences for the House and for democracy have been seen.