Risk-based Exclusion

Part of the debate – in the House of Commons am 6:49 pm ar 13 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Deidre Brock Deidre Brock Shadow SNP Spokesperson (Wales), Shadow SNP Spokesperson (COP26), Shadow SNP Spokesperson (House of Commons Business) 6:49, 13 Mai 2024

When the House initially debated the Commission’s proposals last summer, I challenged Members who like to refer to this place as the “mother of all parliaments” to make good on that epithet by ensuring that we lead by example and establish best practice. I repeat that call today. These reforms are, first and foremost, about taking real and tangible steps to protect and support staff and, indeed, other Members through mitigation measures.

In the development of the proposals, as the Leader of the House pointed out, there has been widespread discussion and consultation with a number of organisations and individuals—I pay tribute to all those who have contributed, particularly the House of Commons staff who have worked so carefully and so diligently on the proposals over many months.

My feeling is that this has dragged on for so long, completely inappropriately. At their heart, the reforms are about protecting staff and the wider parliamentary community from harassment and abuse. They have been long called for and very significantly delayed. The motion in January struck the appropriate balance between the rights of staff and the parliamentary community to protection from harm, the right to due process for the individual implicated, and the rights of that individual’s constituents to democratic representation. It seems now though that the balance has been shifted away from the protection of staff by the Government, raising the point at which a risk assessment takes place from arrest to charge.

It is clear that there are a range of views on the correct threshold to begin that risk assessment process. However, leaving to one side for a moment that specific trigger point, it is important to stress that the main responsibility of the panel would be to consider the nature and severity of the alleged misconduct, whether there is a safeguarding concern and to determine the presence of a possible risk factor.

Turning to the contribution of Dame Karen Bradley, Chair of the House of Commons Procedure Committee, Parliament’s authority, as I understand it—this is something that we have discussed in the House of Commons Commission a lot—does not stretch to constituency offices. All the members of the Commission are aware that that is something that we were not able to take into account. The latest review of the ICGS process, which was revealed this morning, has some really excellent recommendations that will have some effect in tightening it up.

It is worth noting that a number of mitigations will be open to the panel on a case-by-case basis. These might include, for example, preventing one-to-one contact with the Member, preventing Members from accessing bars on the estate, complete exclusion from the parliamentary estate, or indeed taking no action. The panel would also be informed of any existing voluntary arrangement between the Member and their Whip to stay away from the estate.

Crucially, those undertaking that risk assessment process would not, I believe, take any action that could compromise a police investigation or undermine any prosecution. The panel would not be given the name of the Member being risk-assessed. At no point would it be made public that information had been shared by the police about a Member, that a risk assessment had been undertaken, or that a Member had been excluded.