Bullying and Harassment: Cox Report

Tom Brake Excerpts

Monday 5th November 2018 Commons Chamber

[Tom Brake (Carshalton and Wallington) (LD)]

Thank you, Mr Deputy Speaker, for giving me the opportunity to say a few words on behalf of the House of Commons Commission. I also thank Dame Laura Cox for her report on the bullying and harassment of Commons staff.

The Commission recognises that it has a statutory responsibility for the employment of House staff, but too often has failed in its duty to provide a workplace free from bullying and harassment. The report described an institutional failure to address a problem that has undermined the legitimacy and authority of the House. As others have said, bullying and harassment have no place in the House or in any other area of public life. The Commission is determined to take immediate steps to rectify past mistakes and offer robust protection and support to all who work here.

As Members will know, the Commission met on Wednesday 24 October to discuss the report’s recommendations and consider a way forward. Members of the Commission, including the Clerk of the House and the director general, were unanimous in recognising that it is time for a change, and agreed to the three fundamental recommendations in Dame Laura’s report. This decision was reinforced at a further meeting on Monday 29 October.

We agreed to terminate the Valuing Others policy and the Respect policy, to expand the new independent complaints and grievance scheme to enable House employees with historic allegations to access it—although we have heard the Leader of the House point out that that is available to them already—and to ensure that the process for determining complaints of bullying, harassment or sexual harassment brought by House staff against Members of Parliament is an entirely independent process in which Members play no part. Work will start on this immediately with the Leader of the House and with input from the Chair of the Standards Committee and the Parliamentary Commissioner for Standards—the widest scheme possible, perhaps in the way the hon. Member for Rhondda (Chris Bryant) was asking for earlier.

The Commission is also committed to preventing any further bullying and harassment of, and sexual misconduct towards, staff, and has directed the Commons Executive Board to produce an action plan, in consultation with a wide range of stakeholders. This will be taken forward under the auspices of the external members of the Commission, drawing on independent and external advice.

Since the publication of the Dame Laura Cox inquiry report, the Commons Executive Board has been leading events with House of Commons staff to hear their reactions. Judging by their comments at these meetings, the mood of many staff members is a mix of anger at past events, disappointment at the failure of the House to deal with them adequately, and concern about whether lasting change can happen. This is perhaps an example of the toxic lack of trust that the right hon. Member for Basingstoke (Mrs Miller) referred to.

The right hon. Lady also referred to section 149 of the public sector equality duty and said that it applies to the House. There may be an argument about whether that is the case, but clearly the House would always want to observe that even if there was not a statutory requirement for it to do so. The right hon. Lady might be interested to know that the Clerk of the House is due to meet the Equality and Human Rights Commission shortly to discuss this matter.

[Mrs Miller]

I gently remind the right hon. Gentleman that the EHRC has put in writing very clearly that the House of Commons is subject to the public sector equality duty. It is the regulator; it made that decision, not the House of Commons.

[Tom Brake]

I thank the right hon. Lady for that intervention, and it is on the record.

There is concern, too, that these issues might be used as an opportunity to score political points, perhaps losing sight of the fact that this is about real people who are hurt and let down by their place of work and how their complaints were handled.

What is clear is that fine words are not enough: change must follow, and swiftly. As we move forward, the Commission has confidence that the new independent complaints and grievance scheme will offer far greater protection for staff members than ever before. The behaviour code, for example, is a set of inarguable standards by which we must all abide, regardless of rank, power or allegiance. The code has now been adopted by both Houses, and no one may regard themselves as exempt from these standards. However, as many Members have said, there is a deeper issue beyond policies and processes: this is about the culture of the House, especially in relation to deference, hierarchy and the abuse of power. This theme resurfaces repeatedly. We must collectively strive to change fundamentally a culture which has tolerated such abuses.

The sentiment in the Commission is to see swift action, but action that must be effective at securing lasting and permanent change. An action plan focused on addressing the cultural fault-lines that persist in dividing the Commons community is being developed with external input and individual staff input seen as critical. This plan will be informed by the voices of staff, who have signalled their impatience to see concrete actions—actions that will, once and for all, address the serious issues that undermine the quality of their working environment and make the change lasting and permanent.

But it would be foolish and foolhardy to suggest that an immediate action plan implemented over months will in itself change a culture that has developed over many, many decades. Lasting and sustainable culture change requires a movement. We all have a role to play. The bullying of House staff is perpetrated by both Members and by other House staff; these are equally unacceptable but will require different remedies. Soon, there will be decisions and choices to be made by this House, and I hope that all Members will recognise the responsibility they have and the role they can play in changing the culture of the Commons for the better and for good.

Every member of the parliamentary community has a right to feel safe and respected. The Dame Laura Cox inquiry report clearly shows that this is not the case. This must, and will, change, and that change starts now.