That this House welcomes the publication of, and recommendations in, the Dame Laura Cox report on bullying and harassment in Parliament; welcomes the implementation of the recommendation to abandon the Valuing Others and Respect policies; expresses concern about damage caused to the reputation and standing of this House by the lack of progress made on other recommendations on historical allegations and the non-involvement of MPs in Independent Complaints and Grievance Scheme cases; and calls on the Leader of the House and the House of Commons Commission to push forward the implementation of all three key recommendations in full without delay.
The Cox report was commissioned a year ago, in July 2018, at what we can only call a low point in this place’s history, our reputation having been rocked by allegations of bullying and harassment. Eight months on from the report being published, just one of the three Cox recommendations has been implemented, despite the House of Commons Commission, the body responsible for the employment of staff, stating that it clearly agreed in full with all three of the recommendations made by Dame Laura Cox.
Nothing is more important than the safety and wellbeing of the people we rely on to run this organisation—parliamentary staff, constituency staff, members of the Metropolitan police and Members themselves—and it is completely unacceptable that eight months on, progress in delivering change is so very slow. We rightly consider other organisations that fail to act when serious problems are identified, particularly when it comes to issues of bullying and harassment, and we run the serious risk of undermining the credibility of the House of Commons in speaking out in the future by not having acted swiftly in the wake of the full Cox report findings. This has to change.
There is much more in the Cox report aside from the recommendations, but those specific recommendations call for the abandoning of the valuing others policy and respect policies; for the amending of the independent complaints and grievance scheme, which according to Alison Stanley’s six-month report published on 12 June is bedding in well through the inclusion of non-recent allegations that predate 2017; and for consideration to be given to the most effective way of ensure that the process for determining complaints of bullying, harassment and sexual harassment by House staff against Members is entirely independent, with MPs playing no part.
It is welcome that one of those recommendations has been put into practice, but that decision was to axe a policy, which is a very straightforward thing to put in place. There has been no change in practice on the other two recommendations. There has been much discussion and consultation—another consultation closed a few days ago—and many plans to set up groups of people to talk to each other and have ideas to bring to the Commission, which could then discuss and think about them and then perhaps do something, but it is unclear when that would be done and who would do it. Let us be clear: there has been no action actively to protect employees in this place.
Not only has the Commission not put in place the changes demanded by Cox eight months ago, but it was made aware that the current policy with regard to non-recent cases could well be unlawful. In its letter of 16 October 2018, the Equality and Human Rights Commission wrote to the House of Commons warning it—warning us—that the House of Commons Commission’s policy of an arbitrary cut-off date of June 2017 for non-recent claims of bullying and harassment could be unlawful because it unjustifiably discriminated against older employees, who are more likely to have a historical complaint, contrary to section 19 of the Equality Act 2010. Despite that, the Commission has failed to act on behalf of Members to bring our policies in line with the law, let alone in line with the recommendations of the Cox report.
Furthermore, the Commission was warned by the Equality and Human Rights Commission that the House could also be in breach of its public sector equality duty—again, laws that we all passed in this place, not just for ourselves but for those outside. The EHRC has been clear that we could well be in breach of the public sector equality duty under section 149 of the Equality Act, and that it may actually intervene on the House of Commons and issue a compliance notice. Again, this has not been addressed by the Commission.
When I sat on the working group that came up with this, there was a strong desire from those of us in that room that historical cases be part of the process. We were assured at the time that that would be in place—or at least starting to be put in place—by now. What the right hon. Lady is saying is incredibly worrying. Does she agree that we should have pressed ahead at the earliest stage so that if there were further challenges we could have addressed and finessed them by now, rather than waiting for an intervention by the ECHR?
The hon. Lady brings up a very important point. It goes even further than that. If an organisation is made aware that it could be breaking the law, it does not wait eight months to do something about it; it gets on with it straight away.
My right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), who was Leader of the House at the time, did the most remarkable job on behalf of Members, getting in place the very first independent grievance scheme, and we all owe her an incredible debt of thanks for what she has done, but it was not an easy process, and I am sure that she may make a contribution to the debate today to add her perspective on that. We have to make sure that the Commission, which exists only because Members want it to exist—it is there not by right, but because we have decided it should be—is acting in a way that protects us from the inevitable criticism that will come from being found to be potentially unlawful in the way we treat our employees.
Members of the House have given the Women and Equalities Committee a responsibility to scrutinise the Government’s policy on equality, but I do not think that it is just the Government who need to be scrutinised at the moment, and we are actively keeping an eye on what is going on in the House of Commons as well. Working with my Committee colleagues, I have established an inquiry into the gender-sensitive Parliament, and we will be looking closely at the procedures that this place is using to ensure that it is actively taking on not just the key recommendations in the Cox report, but the spirit of that report as well.
The way in which the House of Commons Commission is dealing with this matter is unacceptable, and, I believe, risks bringing us all into disrepute if change does not happen soon. However, I also believe that the lack of action on Cox is symptomatic of much wider management dysfunctionality in this place, and I want to raise a couple of issues that are directly related to that lack of action.
I congratulate the right hon. Member for Basingstoke (Mrs Miller) on her speech. She and I work together very closely on these issues, and on issues about this place, Members can often be aligned across parties.
I pay tribute to the staff of the House of Commons: the staff who work for us and the staff who work to make the building work—the staff without whom we could not do any of this. At present, we are the masters of their destiny; we in this Chamber are the masters of how well the system works for them, and sometimes we are the people who work against them. For anyone who has ever been involved in any sort of employee relations, such a power imbalance should sit uncomfortably; where there is a power imbalance, there can always be exploitation, and, to be honest, what we have here is an opportunity to give power away, to do the right thing. I think we should do that.
Dame Laura Cox’s report was thorough and wide-ranging, and it made clear recommendations that we should absolutely be getting on with, because the people who know that we are not getting on with them are all the people who work in this building. Nothing has changed since we started the whole “Pestminster” thing or even the broader #MeToo movement; it feels as if a moment of blood-letting led to no significant material change in the actual working lives of the people we are here to try to protect.
The hon. Lady is making an excellent speech and an excellent point. Does she agree that we have to see this not as a solution, but as the first step in solving a problem that goes back decades and that, unless we act, will continue to go on for decades?
Absolutely. This going back decades has been discussed, including the idea of historical cases and whether they can or cannot be heard. If we do not sort out what has gone on before, we will never be able to sort out what goes on in the future, and we have to. This is not about drawing a line and hoping for the best in future. Some of the people we are talking about when we say, “Let’s draw a line on the historical cases,” still very much work in this building.
This week and last week, I have been reminded that the system still seems not to have changed much on the ground. Actually, I will go back a step and pay massive credit to the Member I cannot now call the Leader of the House, so I will have to learn her constituency: the right hon. Member for South Northamptonshire (Andrea Leadsom)—we were just discussing whether there is a North Southamptonshire. The systems that have been put in place, if used well and seen through in everything that Cox required, can be the solution, but there is currently a blockage in the system. This week and last week, I have in my diary three different incidents where I have to call or meet people. Those people’s names cannot even go in my diary, because they are so worried about further complaints and about people who either represent constituencies in this place or work in this building. This is still going on. Even with the new systems being set up, people still feel that I am a person that they should come to find out whether this can be trusted. We are nowhere near the level of trust that we need to be at in this building for people to feel that they can go forward and, without fear or favour, make a complaint about somebody, especially somebody who sits on one of these green Benches.
The argument for an independent system is won—certainly not yet in my political party, but in the system that we hope to see set up here. The Cox report clearly identified concerns about the idea of Members of Parliament sitting in judgment over any of this, and the public would have a question mark over that. That system and MPs’ involvement in deciding how the sanctions might be given out can cause by-elections. It is not an unpolitical system. It is something where politics can very much play a part.
I place on the record that as Chair of the Committee on Standards, I would have been delighted if my hon. Friend had been appointed a member of our Committee.
I thank the Chair and put on record that she very much welcomed the fact that my name went forward on to the Order Paper—before it was withdrawn —so that I could have been appointed to that Committee.
Is not one of the ironies that although we have elections in our political parties for all the positions on all the other Select Committees, we do not have elections for these places? If there had been an election in the Labour party or, for that matter, across the House, I do not doubt for a single instant that my hon. Friend would have been elected.
As someone who serves on the Women and Equalities Committee with the hon. Lady, may I say that I, too, would be very happy to vote for her to serve on the Committee on Standards?
Oh my gosh! It is like a “get out the vote” moment. I am going to stand for something now, because it would seem that I have the will of all the House behind me.
What I find about the people who want me to be involved in their cases is that they do not usually have anything to hide. It is a small thing that this is about me, and it is a pleasure that everyone is offering me their kind regards, but this highlights an issue in the system—namely, that the way in which bad behaviour, harassment and bullying are handled in this building can be controlled by patronage, power, friendships and politics. That cannot be ignored, and while it is the case, people will still come to people like me and the right hon. Member for Basingstoke and tell us their stories. Until we get this right, no system that we put in place will ever have the trust of the people who work in this building or of those who interact with them.
I also want to highlight the issue of historical cases. In the end, Dame Laura Cox said the exact opposite of what came out of the systems that we created around historical cases. She said that it would be beneficial for historical cases to be heard, and not that it would be legally difficult for people to be held accountable for a code of conduct that they had not previously signed up to. I do not personally need to be told not to sexually harass anyone. I do not need it written down that I should not murder people in the House of Commons. That is not what stops me murdering people; there are many other things that do. The trouble with the issue of historical cases is that it immediately puts aside some of the issues and challenges that would have been cleared up, had those cases been able to be heard. We have to open up the idea of historical cases. I am perfectly comfortable with the idea that historical cases concerning people who are no longer here, for example, are much more difficult. We have no sanction over people who are no longer here or who have died, and I can see that there is nervousness about going back to the beginning of time in that way.
I thank my hon. Friend for giving way, and I might well vote for her if there is an election. On historical cases and the point about people no longer being here, is there not a danger that the longer we leave this, the more chance there is of people no longer being here?
Absolutely. That is certainly a concern. This place has a way of reminding us how welcome we are at the moment. I have absolutely no doubt that there are people here whose processes have been in the long grass for a very long time, and that they will be allowed to go off to pastures new. Any constituency MP will know how a constituent feels when that happens in the police force, for example, when complaints are made and people are allowed to be retired off.
Lord knows we are doing an absolutely terrible job of convincing people that we are even equal to the value of the British people. Politics stinks at the moment, but we have an opportunity, in trying to do what Cox has asked of us, to show that we do not think we are above the people, that we are better than them, or that our jobs and the employment system are just too complicated for us to be able to do anything about this. We have to deal with complicated stuff all the time; our job in this building is to deal with really complicated issues. We cannot keep falling back on the idea that this is too difficult, simply because some people work for us, some people work for Parliament, some people work in this bit of the building and some others are journalists, for example. We have to deal with people when they behave badly.
My hon. Friend is right that if we do not deal with this, people will get away with things, which will breed a culture in which such things are acceptable if someone is a Member of Parliament and in which Members can behave in such a way towards their staff or to staff across the estate. Although not many Members are involved in all this, if we do not have an independent system, it is that breeding of distrust that will allow this culture to develop, to fester and to continue to grow over years to come.
Absolutely. I want Members in all political parties—let us not pretend that this is not happening in all parties—and all the institutions of Parliament and politics to know that a truly independent system should protect us from the charge that we can do whatever we want and that we will stitch things up for our own benefit. At the moment, it does feel a bit like we can still do that.
Speaking specifically about my party, I do not know why there is ever any pushback against the idea of complete and utter independence when it comes to complaints, certainly those around sexual harassment, bullying or racism. When we stand up and speak or go on Twitter or go to work, we should be held to account, but not by somebody who can give us a job or who we can give a job to, because independence protects both the claimant and the person making the claim. I honestly do not understand why we are so afraid of it.
The other issue that constantly comes up when discussing how we handle such systems is the idea of a third-party complaints system and how we can take up complaints on the behalf of people who are vulnerable and/or terrified to come forward. Such a process has still not been ironed out in this place. If a Member sees something in the bar or somebody comes and tells them something—it happens to me a lot, and I have to struggle with the things that I know, which I often wish I could unknow—it is unclear what to do in those circumstances. The response is often, “There is not very much that we can do unless somebody comes forward, and they will have to make statements,” but there needs to be something in the system that is better for third-party complaints.
I have worked with the FDA throughout the whole process from the original complaints to the Cox report and all the different elements. I share the frustration of the right hon. Member for Basingstoke about there being another consultation with another group of people, because there seems to have been endless different reviews into different sorts of people who might come into this building. The FDA’s response to the Cox report included designs for perfectly reasonable independent systems with appeals processes that are completely fair and balanced for people both within and outside this building.
20 of 90 shown
The fact that the Leader of the House will be responding to the debate goes to the heart of the problem. The Government do not run the House of Commons; Members do, via the House of Commons Commission, which is chaired by the Speaker. So why is a Minister responding to the debate? I say this with the greatest respect to my right hon. Friend the Leader of the House, who is an extremely capable individual, but he is not responsible for the matter that I have raised today. While I welcome his contribution, he cannot answer directly the questions that I am asking. At the end of my speech, I shall set him some tasks that he might want to undertake were he to wish to assist Members in resolving this issue.
Members established the House of Commons Commission in 1978 to administer, on our behalf, the way in which this place is run. Unlike almost all other Committees of the House, it has no elected members, and because it is chaired by the Speaker—whose impartiality is key to our debates—it is difficult to achieve clear accountability. Quite rightly, the Speaker does not feel that it is appropriate either to appear before the House to answer questions, or, as I found recently, to appear before a Select Committee. I fully understand the rationale for that, but it does leave us with an accountability deficit in knowing why these delays have been so lengthy.
However, I believe that the problem goes deeper than that. Responding to an urgent question on 16 October, my right hon. Friend the Member for South Northamptonshire said:
“In this place, we are all aware that a number of these issues are ‘matters for the House’. That is quite a tricky concept, because nowhere in the workplace are things simply a matter for all those who are involved in that workplace.”—[Official Report, 16 October 2018; Vol. 647, c. 535.]
That, I would assert, is why the House of Commons Commission was set up. It would be impossible for each and every one of the 650 Members of the House to actively manage it. By definition, we must have a body that is nominated by us to do these things on our behalf, but when there is no clear accountability or report-back mechanism other than the regular questions that are asked, there is no other proactive way of engaging in debate.
Let me now refer to a matter to which I have referred in the House before. I think that it, too, is at the heart of some of the dysfunctionality surrounding management in this place. I speak as someone who spent 20 years in business before coming to this place. It has always struck me that this place has very opaque management systems, which—for me, at any rate—have just reached breaking point because of the lack of progress in delivering on the Cox report after eight months. I think that that is reflected in one of the key findings in the report. I shall quote verbatim from page 154. This is not my interpretation of what Dame Laura has said; it is what she has said:
“I have…referred throughout this report to systemic or institutional failings and to a collective ethos in the House that has, over the years, enabled the underlying culture to develop and to persist. Within this culture, there are a number of individuals who are regarded as bearing some personal responsibility for the criticisms made, and whose continued presence is viewed as unlikely to facilitate the necessary changes, but whom it would…be wrong for me to name, having regard to the terms of reference for this inquiry…some individuals will want to think very carefully about whether they are the right people to press the reset button and to do what is required to deliver that change in the best interests of the House, having regard both to its reputation and its role as an employer of those who are rightly regarded as its most important resource.”
Unless we choose to change not only the structures but the management of the House and the people in charge of its management, we face the prospect of continued inertia on this and other reforms that are long overdue.
It was difficult for me to quote Dame Laura’s words, because they are critical of individuals, but we cannot put our head in the sand continually, eight months after the report’s publication. We must stand up and take what I believe to be long overdue decisions. We need the implementation of the report to be completed before the end of the summer recess, in about 10 weeks’ time. In the case of any other business, we would expect, after 10 weeks, the completion of a measure to bring people within the law and to create a process for analysing cases that came forward.
Can the Leader of the House assist Members by putting a motion on the Order Paper to that effect? There is no reason why the House should not debate the issue, and agree—I would hope—that the Cox report should be implemented in full within a reasonable period. I suggest that we issue a request to the House of Commons Commission to deliver that, or else to explain why it has not done so.
It is clear that we also need to consider the modernisation of the Commission itself. I think that what has happened recently requires us to consider the way in which it might be run on our behalf in the future. Such a modernisation should include an elected Chair who would be directly responsible to Members, and could speak here on all Commission matters. There should be a transparent agenda for the modernisation of the management of the House and the way in which business is conducted. The current piecemeal approach is not working in practice. Members need to know how wider change is being implemented, and to know that it is not just being talked about.
This needs to be debated by Members. Would the Leader of the House also consider tabling a motion proposing that we begin to discuss the modernisation of the House of Commons Commission, so that we could take account of Members’ views and, perhaps, Select Committees could follow them up?
Thirdly, these problems of implementation point to another area of reform. We as a group of people need to take stock of how we shape the role of the individual who runs the business of this place: the Speaker. It is we who have determined that the Speaker is responsible for not only the important procedure and running of the business in this Chamber and elsewhere, but the entire running of the House of Commons, because as chair of the Commission it is the Speaker who is ultimately responsible for the implementation of Cox, the thousands of staff employed here and the complexities of running an organisation of this incredible scale. I would assert that the two roles are individually challenging; having one person doing them increases the risk of the Speaker becoming involved in matters that are not compatible with the important independent nature of the Speaker’s jobs. Any of us who have been involved in employing staff knows that can be one of the most controversial issues we can get involved with; why would we want the Speaker to be involved in something that can be so difficult and controversial?
Will the Leader of the House consider putting forward a motion for debate on the Floor of the House on the role of the Speaker so that the views of Members can be established, and then Select Committees can, if appropriate, take those views forward? If that is not appropriate, perhaps the Leader of the House can advise me on what are the appropriate ways for Members to review and discuss those issues.
It is vital that we find a way forward on all three of the issues I have outlined, because they are all connected to the problems we are experiencing in implementing Cox. But even above that, they are determining how people outside view this place. We must be an exemplar in management, not a laggard. There can be no special pleading for working practices in this place and the fact that they have not changed to reflect the realities of a modern 21st-century Parliament.
The House of Commons is central to our democracy. As custodians of this place we have a clear and unquestionable responsibility to safeguard the effectiveness of the House of Commons, to ensure it is respected and to root out anything that could serve to undermine its standing in the public eye. It can never be an option to seal Parliament in aspic because, as a democratic institution, we have to reflect the country we seek to serve. There is an important place for tradition to root our procedures in precedent, and any change has to be evolutionary, not revolutionary, but we should leave this place better than we found it—more relevant, not less, to those we seek to represent here, our constituents.
There is no lack of good will to change, and the staff of the House of Commons are clearly dedicated to the future of this place, as came through strongly in the Cox report and the research Dame Laura did, but too often that enthusiasm and dedication to change is not forthcoming in practice because of a lack of clear responsibility and accountability. The lack of swift action on the Cox recommendations reflects deep-seated problems with the way the House of Commons is run, and colleagues, it is down to us to change that—no one else.
I am really pleased that lay members have a balancing vote in the independent complaints system, but there are still real concerns about the idea that we are the ones who get the say. I have absolutely no reason to doubt the complete and utter commitment of all the people on the current Committee on Standards to doing the right thing, but I personally saw how who goes on that Committee is a political decision, because I was stopped by my political party from going on it. The Whips had put my name forward. It appeared on the Order Paper and then it was stopped. I have no idea why my political party did not wish to put me forward to be on the Committee on Standards, but I can guess. I will take it as a compliment that I am actually independent and that I would act fairly, regardless of the situation.
This argument goes around a lot, but there is an idea that we MPs have unusual lives, that we know best and that how systems work cannot be understood without MP involvement. I suppose that the Independent Parliamentary Standards Authority is the example that is always given. It is a good one, so I can understand that argument. I am not suggesting for one second that there is any design that will not have built into it the idea of vexatious complaints, which are plentiful—I have had them from other Members of Parliament, for example. I understand that that has to be built into the system, but we should want to give up some of the power over the decision making.
Turning to the House of Commons Commission, I am quite heavily involved in all this stuff—I am knee deep—but I do not really know what the Commission is and/or does. I do not know whether there is meant to be a Back-Bench representative on it, or whether it is just party political. Somebody once told me that the right hon. Member for Carshalton and Wallington (Tom Brake) was the Back-Bench representative, but, meaning no offence to him, I did not elect anybody to that role. I have no idea how the Commission works and how I could work with it, and I think we need to look at the level of transparency. We also need to look at how the Commission works with the Committee on Standards and the Procedure Committee. Having all these different things makes normal people who want to do the right thing think, “I can’t be dealing with this.”
We have a real opportunity, as has been said, to leave the House in a better place than we found it by creating clarity on the structures and power lines to get this right. No matter who our friendships are with and who holds power in this place, we should never fear making and/or supporting complaints against those we like or those we think do a good job in other regards. We have to be honest and fair.
The Cox report is clear and does not beat about the bush in what it asks for. I am not entirely sure what has caused the delay. It certainly was not caused by the will of the right hon. Member for South Northamptonshire, and it was not even caused by the will of the House. The House, although sometimes with clever planning, has largely voted through the report’s recommendations. I am not sure why it is taking so long, and we have to ask ourselves what we will do about it and how we will speed it up. It definitely needs speeding up.
I absolutely love the House of Commons, and I think parliamentary democracy is the greatest form of democracy in the world. We have the best democracy because we are directly linked to our constituents. There are very few countries in the world where, on a Friday, a person can go and have a chat with their representative. Unlike in Ghana or India, say, we can genuinely have a cup of tea and listen to what is going on in people’s lives. It is precious, and it needs to be protected against the very dark forces we see at the moment.
We should never give those who wish to damn our parliamentary democracy the argument that we are somehow stitching things up and that we are an elite establishment force who do everything to line our own pockets. We should never give those arguments any credence, because I will not be told by the likes of Nigel Farage that he cares more than I do about the people and about the people who work here. If we do not do something, he will have every right to say those things.
I urge the new Leader of the House to do something to make this happen, and to make it happen quickly.