Cox Report: Implementation

(Limited Text - Ministerial Extracts only)

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Tuesday 18th June 2019

(4 years, 10 months ago)

Commons Chamber
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Tom Brake Portrait Tom Brake
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I thank the right hon. Lady for that intervention. She will be aware that there has been legal advice of a different nature about what action we can take. However, I agree that we need to take action. I very much hope that the meeting on 24 June is the point at which a very clear way forward will be taken and that the House will then act on that before the summer recess. I do not want to get too political, but frankly we are not doing very much else in terms of the parliamentary timetable, so we have lots of opportunities to get the matter resolved, and I hope that we will do that before the summer recess.

The third point relates to an independent process for determining complaints of bullying, harassment or sexual harassment brought by House staff against Members of Parliament. I agree that we have not acted quickly enough. There were some quite engaged discussions, if not to say arguments, at the Commission about how to take it forward. I think that a satisfactory way forward has been determined: a staff team are going to look at it. We hope that we will be in a position to consider the output from that and choose a preferred option on which there will be a consultation in the autumn.

Again, I agree with the right hon. Lady that not enough action has been taken so far. However, there are things that are in train, including, as the former Leader of the House, the right hon. Member for South Northamptonshire (Andrea Leadsom), mentioned, the Alison Stanley report that is flagging up actions that we should be taking. In terms of a timetable, I agree with the right hon. Member for Basingstoke that we need an action plan with precise dates on which the Commission can then be held to account on. The Commission is going to agree an action plan in response to the Alison Stanley report by 24 June. There are timescales available for some of the things that the right hon. Lady is worried about, and rightly so. Yes, the House has not moved as quickly as it should, but the Commission is taking action. It has agreed at least some timescales to which we are going to report.

A number of Members have rightly flagged up some concerns about the way that the Commission operates. We have heard that it is perhaps not as efficient, accountable, open or transparent as it should be, that it could come to conclusions more quickly, and so on. I have already mentioned to the Leader of the House the initiative suggested by the lay people, Jane McCall and Rima Makarem. When the previous Leader of the House was still in post, there was the idea that the Commission should collectively sit down and work out whether we are working as efficiently and effectively as we could be—how we could streamline the Commission’s processes and look again at the way it operates to ensure that it is meeting more frequently; that there is more clarity about the way that the decisions are taken; and that it becomes—much more businesslike in the way that it operates. That is certainly what I would like to see—

I am sure that the Leader of the House would want to support that initiative. I think there is a collective desire—

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Mel Stride Portrait The Leader of the House of Commons (Mel Stride)
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I congratulate those who brought forward this afternoon’s debate, most particularly my right hon. Friend the Member for Basingstoke (Mrs Miller)—I thank her for sitting down with me, prior to this debate, to talk through some of her thoughts on the very important issues that she has presented this afternoon—and of course the hon. Member for Birmingham, Yardley (Jess Phillips). I thank all the speakers who have contributed in such detail and such thoughtful ways on an issue that I know is of great importance to everybody right across the House.

We are privileged to work and legislate in the cradle of our great country’s democracy. As a legislature, we expect the very highest standards among all organisations in our lands—among all businesses, public organisations and so on. So if there is any one place where we should set the standard, it is here, and that standard should be a culture of respect and dignity.

At a time when the country is so divided and there is so much anger—we have heard from one or two contributors this afternoon about what is going on online—it is doubly important that we set the bar as high as we can, particularly when it comes to our own. All those who work in the Palace of Westminster, whether they report to line managers as part of the House staff or report to Members of Parliament, and all those who are visitors to this place, should experience the very best when it comes to a culture of dignity and respect.

Alison Thewliss Portrait Alison Thewliss (Glasgow Central) (SNP)
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I have a very small request. I was in the Scottish Parliament the other week. In the toilets, they have posters that give contact details to report behaviour if someone feels that they have not been treated with dignity and respect. Could something like that happen in this building, and could it happen quickly?

Mel Stride Portrait Mel Stride
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I will certainly take that specific point away, although I know that the behaviour code has been distributed widely across the estate. I will take the representation seriously and will come back to the hon. Lady on that specific point.

I pay tribute, as many have, to my predecessor, my right hon. Friend the Member for South Northamptonshire (Andrea Leadsom), who has been right at the heart of much of the progress that has been made. There has been a debate this afternoon about whether that progress has been too fast or too slow, but progress has been made. It is fair to say that, wherever we are today—satisfactory or otherwise—if it were not for her we would be a long way behind where we are.

In a sense, that is not surprising. As many Members have pointed out, we all operate in a historic, rather stratified environment, steeped in traditions, which tend to change extremely slowly. The hon. Member for Birmingham, Yardley referred to us being the masters of other people’s destiny and she makes an important point. She speaks an important truth. There are inevitably power dynamics in a place such as this.

There are many different strands of employment. There is the employee who works within the House administration, and there may be various sub-divisions within that, and there are those who work for Members of Parliament. There is also the fact that this is a very public place and that those who come forward and make complaints about how they are treated may expect that that will end up in the press and might identify them publicly. Those are additional stresses and complications with which this place has to grapple.

In that context, while we have not moved fast enough and I accept that, we should not overlook the progress that we have made. We have a code for ourselves and for the other place. We have a process that affords anonymity to those who need to come forward, with sometimes extremely serious concerns, and that has also been rolled out not just across this place but across the other place. That has been achieved through cross-party, cross-House work. I thank my opposite number, the hon. Member for Walsall South (Valerie Vaz), for coming to see me and sharing with me a lot of her valid and important insights into the current situation. I will come on to the House of Commons Commission in a moment.

What today’s debate shows is that we still need to do more. That is what the Cox report tells us. Of course, it is not just Cox. Understandably, Members have strayed beyond the terms of the debate this afternoon. My hon. Friend the Member for Chelmsford (Vicky Ford) talked particularly about online abuse. As Leader of the House, I feel particularly strongly about that. I raised it in my opening remarks in my first outing at business questions, and it is an area that I intend to lean in on quite hard. Of course this is an element that affects women in particular, sometimes in the most wicked and appalling way, but actually it affects all of us, too. As a father, I can tell Members that to have one of your children come home in floods of tears because they have been told things in the playground about you that may be entirely false, makes one, whether you are a man or a woman, feel pretty miserable. So I take that extremely seriously and I am grateful to my hon. Friend for choosing to raise it.

I pay tribute to Dame Laura Cox for a very thorough and detailed report, which came up with some very important recommendations. We must not forget the background to the report, which came about when my predecessor pushed for an inquiry around the allegations in March 2018 of extensive bullying and harassment in this place. We must not lose sight of where we have come from. There are some very, very serious allegations that relate to Parliament, both this House and the other place.

I want to touch on the issue of where responsibility lies for how we move forward. The question posed by my right hon. Friend the Member for South Northamptonshire was: who owns the scheme? That is a good way of phrasing this particular conundrum. There is the sense that there is something we are trying to grasp here, but we are not quite sure who owns it or where the responsibility lies. Clearly, the House of Commons Commission is responsible for House administration and, in a sense, is therefore responsible for the Cox recommendations, but ultimately it is for us—not on a party basis, but as individuals Members—to push matters forward. Neither I as the Leader of the House nor my the shadow Leader of the House speaks directly for the Commission. That is why I was so pleased that the right hon. Member for Carshalton and Wallington (Tom Brake) was able to join us today as the official spokesperson for the House of Commons Commission.

To get to the heart of the accountability issue, my right hon. Friend the Member for Basingstoke termed it an accountability deficit. She in particular and my right hon. Friend the Member for South Northamptonshire raised the issue of the Commission and directly the way in which it works; whether it is representative enough; whether it should have members who are elected; whether it is transparent enough; whether, when the chair is not able to attend the meeting, the meeting should be postponed or chaired by somebody else; whether the minutes should be circulated more quickly; and whether there is an overall sense that the Commission is sufficiently functional for the challenges it faces. In that context, my right hon. Friend the Member for Basingstoke called for a series of motions on the Floor of the House on the delivery of Cox to address issues around the Commission, including the role of the Speaker in the Commission. The hon. Member for Perth and North Perthshire (Pete Wishart) suggested that it might be replaced by a Select Committee and run on those lines.

My message this afternoon is that I do not think anything should be off the table. I am not saying that we should necessarily jump instantly to conclusions and start to shake everything up, but we should be prepared to look at everything carefully and in the round. I say that as someone, like the hon. Gentleman, who has not yet attended a Commission meeting. I look forward to attending my first meeting on Monday 24 June. It may be that I go there and find that it is incredibly functional, very well run, very transparent and that nothing needs to change at all. I have an entirely open mind on the direction we should go in, but debate must be facilitated on exactly these matters.

Tom Brake Portrait Tom Brake
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The right hon. Gentleman will be aware that I raised an idea put forward by the lay people on the Commission that we should as a Commission go away—I dare not call it an away-day because of the connotations of everyone wearing a patterned jumper for that purpose. Would he support that sort of set-up, where we go away, look at how the Commission is operating now, and come up with some suggestions and recommendations for how it can operate differently?

Mel Stride Portrait Mel Stride
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I would certainly be prepared to consider that, but let me consult and discuss it with others. In answering that intervention, may I also thank the right hon. Gentleman for spending time with me in my early days as the Leader of the House and for sharing that thought, among others, with me on that occasion?

I will turn now to the three main recommendations of Cox. The first, as we have heard, was to terminate the Valuing Others and Respect policies, and that was, as many have pointed out, done relatively swiftly. It is fair to say, however, that of the three challenges set by Cox, that was by far the easiest. It is much easier to abolish a policy than to bring something in from scratch. None the less, it should be recognised that that has been done.

The second recommendation was about ensuring that historical complaints could access the scheme. My right hon. Friend the Member for Basingstoke raised the issue of the Equality and Human Rights Commission and her view that the current scheme is discriminating against older employees. She also raised the view that the House may in that sense be in breach of the public sector equality duty under section 149 of the Equality Act. That, plus the legal advice that had to be taken when considering what should replace it and ensuring that the new scheme would itself not be open to legal challenge for being unfair and unreasonable, in contradiction of other statute, is one reason these things sometimes take a bit of time, to echo perhaps the sentiments of the hon. Member for Perth and North Perthshire.

That is not to say that, because something is complicated and takes a bit of time, it should drag on forever—that is certainly not the case—but, in pressing for things to move forward quickly, it is still important to get things right in terms of our approach. We now have a new proposal that was agreed by the Commission in February. It has been consulted on—the consultation finished on the 14th of this month—and it will be on the agenda, I believe, for the meeting on 24 June. I for one look forward to working with others, including the shadow Leader of the House, to push that to its conclusion as quickly as possible.

The third recommendation of the Cox report recognised the importance of limiting Member involvement at the point that any cases reach the Standards Committee. That is an important point because throughout the rest of the ICGS system this particular matter does not come into play. There will have been important decisions or considerations about the fact that we are elected representatives, and constitutional issues will also have had to be taken into account. I am pleased that, in the past week or so, agreement has been reached to move forward with a taskforce that will, as the hon. Member for Walsall South eloquently set out, liaise with the Chairs of the various Committees she listed, and which I will not relist, to ensure we move that on with a view to reporting as soon as possible—certainly, I would hope, no later than the autumn.

This has been a crucial debate. Right at the start of the Cox report, there is a quote from a member of staff who in essence says that this is an institution worth fighting for, but that a seismic shift is needed. That encapsulates everything in a nutshell. We have made progress to date, but this is a beginning, not an end. There is a journey to be continued. The House has my personal commitment, although I am but one member of the House of Commons Commission, to work collaboratively right across the House. My door is open. To those who have contributed in the debate today, I say: please come and see me to talk everything through. Let us gather everything up together and do what we can collectively to make progress.