Independent Complaints and Grievance Policy

Part of Royal Assent – in the House of Commons at 2:28 pm on 19 July 2018.

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Question accordingly negatived.

Main Question put and agreed to.

Resolved,

That this House approves the Second Report from the Committee on Standards, Independent Complaints and Grievance Policy: Implementation, HC1396, and the Independent Complaints and Grievance Scheme Delivery Report and its proposals for ensuring clear standards for all who work in or visit Parliament, and, in particular:

(1) endorses the Behaviour Code and the policies and procedures relating to bullying and harassment and sexual harassment associated with the Independent Complaints and Grievance Scheme set out in the Delivery Report;

(2) agrees the following amendments to The Code of Conduct:

(i) in Section IV (General Principles of Conduct), after paragraph 8 insert the following new paragraph:

“Parliamentary Behaviour Code

Members are also expected to observe the principles set out in the Parliamentary Behaviour Code of respect, professionalism, understanding others’ perspectives, courtesy, and acceptance of responsibility.”;

(ii) in Section V (Rules of Conduct), add the following new rule as Rule [17]:

“Respect

A Member must treat their staff and all those visiting or working for or with Parliament with dignity, courtesy and respect.”;

(3) agrees the following changes to Standing Orders:

A. Standing Order No. 149 (Committee on Standards)

(i) in paragraph (5), at end insert “save as specified in paragraph (5A) of this Order”;

(ii) after paragraph (5) insert new paragraph (5A) of this Order:

“(5A) It shall be an instruction to the Committee that before dividing on any motion, the Committee should hold an indicative vote of lay and elected members to ascertain the views on the motion of the Committee as a whole and of each member present; that such a vote should be conducted as if it were a formal division; that, as in a formal division, the Chair should not take part in the initial vote but should have a casting vote in the event of a tie; that after holding such a vote the results should be recorded in the Committee’s formal minutes, without question put; and that after holding such a vote the Committee may or may not proceed to a formal division of elected Members.”;

B. Standing Order No. 150 (Parliamentary Commissioner for Standards)

(i) in paragraph (2), at end add the following new sub-paragraph:

“(f) to consider cases arising from the Independent Complaints and Grievance Scheme”;

(ii) in paragraph (4), at end add the following new sub-paragraph:

“(c) in any case arising from the Independent Complaints and Grievance Scheme where the Commissioner has proposed remedial action within any procedure approved by the Committee with which the Member concerned has complied or, if the remedy is prospective, undertaken to comply”;

(4) recognises the role of the Parliamentary Commissioner for Standards to consider cases arising from the Independent Complaints and Grievance Scheme; notes the arrangements about publishing the details of investigations of such cases to ensure complaints are handled confidentially as set out in the Independent Complaints and Grievance Scheme Delivery Report; and accordingly agrees that, for consistency and fairness, the Parliamentary Commissioner for Standards should no longer routinely publish information about individual investigations before those investigations are concluded and accordingly agrees to amend sub-paragraph (b) of paragraph (12) of Standing Order No. 150 by inserting “statistical” before “information” and leaving out “and matters under investigation”;

(5) recognises that Dame Laura Cox QC is conducting an independent inquiry into the allegations of bullying and harassment of House of Commons staff, whose Terms of Reference were published on 23 April 2018; notes that the inquiry relies upon past and present staff members coming forward with information in person or in writing; notes further that the inquiry, while not investigating any individual complaints or reopening past cases, will consider what options are available for resolving current or historical allegations and providing support to those affected; accordingly agrees that a further independent inquiry in similar terms be established, by the Clerk of the House in consultation with the relevant authorities in the House of Lords as appropriate, to consider allegations of bullying and harassment in respect of those individuals including MPs and their staff, where those allegations are not in scope of the Dame Laura Cox QC inquiry; and directs that the inquiry should report directly to the House in time for its findings to be taken into account in the 6 month review of the scheme established under paragraph (6) of this motion;

(6) endorses the proposal in the report that there should be reviews of the new arrangements at 6 months and 18 months, and invites the Leader of the House to propose the establishment of a review body, including staff representation, to the House of Commons Commission for their consideration and agreement, in consultation with the relevant authorities in the House of Lords as appropriate; those reviews should incorporate

(a) the findings of the independent review set up under paragraph (5) of this motion and

(b) the findings of the Dame Laura Cox QC inquiry which deals with matters relating to staff of the House;

(7) directs the Accounting Officer to meet those costs of the inquiry under paragraph (5) and the reviews under paragraph (6) falling to the House of Commons from the House of Commons (Administration) Vote.