Independent Complaints and Grievance Policy

Part of Royal Assent – in the House of Commons at 12:49 pm on 19 July 2018.

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Photo of Andrea Leadsom Andrea Leadsom Lord President of the Council and Leader of the House of Commons 12:49, 19 July 2018

I entirely respect the hon. Lady’s views, but I think that she might be slightly misunderstanding. We are talking about confidentiality during the process of the investigation only. Once an investigation is completed, in the event that there have been reports in the media, in a non-ICGP case—as is the case today—the report would be made publicly available. The steering group advocates that all investigations be carried out confidentially to ensure consistency, now that the Parliamentary Commissioner for Standards is dealing with extremely sensitive issues that will inevitably be far more open to public scrutiny than in the past.

Right from the beginning, we have sought in this scheme to put the complainant at the heart of the process. All the evidence we have taken demonstrates that confidentiality is a key factor that will encourage victims to come forward. I cannot emphasise that enough. The evidence we have taken shows that, if we do not protect the confidentiality of victims, they will not come forward. We are already in a scenario where too many victims never come forward with their complaints, because they are afraid of being re-victimised by being accused of lying, causing trouble and so on. If we are serious about changing the culture in this place, confidentiality and consistency are vital elements. So again, in thanking the right hon. Member for Rother Valley for his careful consideration, I urge Members to vote against his amendment.

The motion will significantly extend the scope of the independent Parliamentary Commissioner for Standards to consider complaints arising from the scheme. The commissioner will be given access to a wider range of sanctions, enabling her to deal more effectively with many cases through apologies, training, behaviour agreements and so on, as well as ensuring independent oversight of investigations.

Finally, the motion sets out changes to the procedures of the Standards Committee, which will receive both appeals and the most serious cases for its consideration. Its voting system will be amended at its request, so that all members, including all lay members, will have a vote. Should the House accept those changes, detailed guidance will be available online immediately, but I want to outline briefly how the new scheme will work.

For anyone with a complaint, the first step is to contact a confidential helpline, where their issue can be considered and triaged. Where individuals decide to pursue a formal complaint, they will be supported to access one of two independent services: one to deal with bullying and harassment and a separate one to deal with sexual misconduct. Should a complaint have criminal implications, the steering group has agreed to establish an information-sharing protocol with the Metropolitan police to make them aware, in the interests of safeguarding and ensuring the scheme could not prejudice a criminal investigation, when such a complaint has been made. The protocol will maintain the confidentiality of complainants, who will decide for themselves whether to take their complaint to the police.

For each complaint, the telephone helpline and investigatory service will seek mediation and informal resolutions wherever possible or appropriate. Where that is not the case, an independent investigation will be opened. Complaints of sexual harassment or assault will have access to an independent sexual misconduct advisory service, which is a specialist service that can provide confidential, independent specialist and trained support in relation to sexual misconduct. In the case of complaints against Members of Parliament, the Parliamentary Commissioner for Standards will oversee the independent investigation. She will apply sanctions as appropriate, or, in more serious cases, refer them to the Standards Committee. The Standards Committee can of course apply sanctions right up to a lengthy suspension, triggering the Recall of MPs Act 2015. Following a decision on any case, there is of course an opportunity for appeal.

When the working group report was published, there were two outstanding issues. I am pleased to be able to provide clarity on them today. First, when the working group started taking evidence last November, we were advised that House staff had access to the respect policy, which was considered to be entirely adequate for their needs. Since then, it has come to light that there have been difficulties with the respect policy, so the steering group has been clear about its desire to give all staff access to the new ICGP scheme. I am very pleased to tell the House that the House of Commons Commission has now agreed that staff of the House of Commons and the Parliamentary Digital Service should be able to access the ICGP from day one.

Secondly, while anyone can call the new helplines with a complaint, investigations under the new scheme can only go back as far as the beginning of this Parliament. The steering group is, however, determined that we should be able to help all those with complaints, no matter how long ago they occurred. Today’s motion will therefore establish an independent six-month long inquiry into historical allegations using similar terms of reference to the Dame Laura Cox inquiry. The findings of both inquiries will be taken into careful account when we undertake the full review of the ICGP after six months of its operation.

I want to conclude by making clear that this is the beginning not the end of our efforts to change the culture of Parliament. With our new behaviour code, complaint scheme and sanctions, this is an excellent step in the right direction. Our ultimate ambition is for a culture where people can work and visit Parliament and take part in our democracy free from unacceptable behaviour and free from bullying or harassment and where individuals are free to thrive and make a difference. This is a once-in-a-generation opportunity for Parliament. We want to be a role model for legislatures around the world in our determination to tackle our own challenges head on. Many millions of people across the world look to Westminster as a beacon of democracy and freedom. I hope that today will be seen as Parliament leading by example in our determination to treat everyone with dignity and respect. I commend the motion to the House.