Risk-based Exclusion

Part of the debate – in the House of Commons am 7:24 pm ar 13 Mai 2024.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Photo of Wendy Chamberlain Wendy Chamberlain Liberal Democrat Chief Whip, Liberal Democrat Spokesperson (Work and Pensions) 7:24, 13 Mai 2024

I start by referencing the foreword to the Independent Complaints and Grievance Scheme report published today, for which I commend Sir Paul Kernaghan. Paragraph 3 says:

“A scheme like the ICGS must recognise the different working cultures and constitutional requirements, whilst at the same time contribute to a non-negotiable objective of helping to deliver a modern environment in which everyone is respected and valued. The Royal Military Police’s motto is Exemplo Ducemus—‘By example shall we lead’. I have taken the view that Parliament’s internal arrangements should also, as far as possible, lead by example. I have consciously sought to make recommendations that are both practical and reflect the highest possible standards.”

I am conscious that that is talking about the ICGS, which is a different process, but sometimes, when we end up talking about dates such as 1340 and 1648, I am not sure people necessarily think that is relevant to today.

My amendments are about safeguarding. I am grateful that the Chair of the Procedure Committee, although she disagrees with me, recognises that that is a key point of contention in relation to the motion we are considering today. When we last discussed these proposals in a general debate, we were talking about proposals in relation to arrest. They have now been changed to charge, and my amendment simply seeks to get the view of the House on what is the right point. I appreciate there is a balance to that.

On the question of consultation mechanisms, we have talked about evidence given to the Procedure Committee, the Standards Committee and the Commission, but I stand here as a member of the fourth party in this House and it is interesting that I have had support for my amendment from other smaller parties as well. It is important, when we are debating these matters, that all voices are heard.

People are always very quick to point out that we are not employees. Indeed, as a former police officer, I was also not an employee then; I was appointed and I swore an oath to serve. However, we do have responsibilities to our own employees as an employer, and I should mention I was a member of the Speaker’s Conference in that regard. I think the public take a view of our employment status, in that they recognise we are not employees, but I agree with those hon. Members who have made the point that as far as possible we should be trying to align ourselves with modern workplaces and practices and with the laws that we pass here in respect of them.

Where MP’s terms and conditions have caused issues in recent years, it is when we have in this place perhaps over-emphasised ourselves as being exceptional and unique, and forgotten that we are not here just simply to represent our constituents and peers; we are representatives of those constituents and peers. We are those people too, and if we do not encourage people to think about MPs that way, we will never get the diversity and representation in this place that we want. I think the public are less concerned about us exercising our rights since Cromwell, and we should be thinking about how we minimise the impact on representation.

I agree with Sir Chris Bryant that exclusion is one of a series of measures contained in this motion, and may be applicable only in a very small number of situations. It is about risk and it is about safeguarding. I refer to an email I received from Ken Gall from the trade unions here in the Commons—I think Stella Creasy referred to it as well:

“Following the publication of the Angiolini report, senior House officials including the Speaker met with the Deputy Commissioner of the Met Police…to discuss the fact that Wayne Couzens…had worked on the parliamentary estate.”

He notes that the House released the following statement:

“The PaDP leadership also now automatically informs Parliament’s Director of Security about serious disciplinary issues, and any officer accused of gross misconduct is automatically removed from working on the parliamentary estate.”

I think all of us would argue that was proportionate, necessary and a risk-based response. However, we are in danger of saying that the risk posed by a man accused of serious sexual offenses is unacceptable when that man is a police officer, but not when the man in question is an MP.

I also want to refer to the comments made by Sir Julian Lewis. As part of the safeguarding assessment that we make, we should think about the full circumstances of the case. It may be appropriate to take a different approach when the offence is in relation to somebody who works in the estate, as opposed to someone external.

Why arrest and not charge? Because I want our practices to align with those in other workplaces. It is important to remember that the majority of people in this workplace are not MPs or Members of the other place; they are members of staff. This is their workplace too. My proposal also aligns with the Government’s own external statements of intent, particularly in relation to violence against women and girls. Again, Ken Gall points out that the Government’s response to the Government Equalities Office consultation on sexual harassment in the workplace referred to adequate legal protections and prompting employers to take action to prevent harassment. I am not sure how failing to exclude from the workplace a man arrested on suspicion of rape would not fall into the category of an employer not taking all reasonable steps to protect women. The House is not an employer of MPs, but it is an employer of others.

In my remaining minute, I will talk about the role of the Whips and the politicisation of the process. Voluntary exclusion happens now. The higher the bar is, the more politicisation of the process there will be. Sir Jacob Rees-Mogg talked about knowing from a panel exactly who it was. Frankly, we know the people who have voluntarily excluded themselves from the estate on that basis. Having the bar too high would negate some of the safeguarding measures that we might try to take.

Let me say, as a former police officer—the only one taking part in this debate, I think—that arrest on suspicion does not take place just on the basis of an allegation. Yes, some vexatious complaints occur, but what message do we send from this place if we say that our concerns on this are more important than safeguarding? Balance, as the Chair of the Procedure Committee said, is important.

Several members of staff have come up to me today to thank me for tabling my amendment. I ask those who are thinking of voting against it to think about the message they would be sending outwith this place.