Risk-based Exclusion

Eleanor Laing Excerpts

Monday 13th May 2024 Commons Chamber

[Relevant documents: Oral evidence taken before the Procedure Committee on 18 December 2023, on Commons scrutiny of Secretaries of State in the House of Lords, HC 338, Qq15-22 and 48-54; correspondence between the Procedure Committee and Mr Speaker, on risk-based exclusions, reported to the House on 18 December 2023, 17 January and 29 January 2024; correspondence from the Procedure Committee to the Leader of the House, on the exclusion of Members, reported to the House on 7 June 2023, Session 2022-23.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

We now come to motion No. 3 on risk-based exclusion, as on the Order Paper. I inform the House that Mr Speaker has selected the following amendments to motion No. 3, as listed on the Order Paper: (o), (h), (i), (j), (n), (p), (c), (k), (l), (m), (q) and (d). I know, it sounds like an eye test, but I am sure I have got it right. I shall call Members to move their amendments formally at the end of the debate.

[The Leader of the House of Commons (Penny Mordaunt)]

I beg to move,

That—

(1) this House approves the Report from the House of Commons Commission, A risk-based exclusion policy for the House of Commons – updated proposals, HC 386, save that the threshold for risk-based exclusion should be when a Member has been charged with a relevant offence;

(2) the following Standing Order be made:

“Risk-based exclusion policy

(1) When the Clerk of the House is informed by the police that a Member is charged with a violent or sexual offence a risk assessment will take place.

(2) The risk assessment will be carried out by a Risk Assessment Panel, appointed by Mr Speaker.

(3) In carrying out a risk assessment the Panel will have regard to—

(a) the nature of the alleged misconduct;

(b) whether there is any safeguarding concern;

(c) the risk to the Parliamentary community, or a particular individual, group or groups within it;

(d) information from the police; and

(e) any undertaking that the Member in question is subject to an existing voluntary agreement not to attend the Estate.

(4) The Panel shall have the assistance of the Counsel to the Speaker, the Director of Parliamentary Security and such other members of the House administration as it thinks fit.

(5) The Panel will decide on appropriate measures to mitigate any risk, and such mitigation may include one or more of the following—

(a) exclusion from the Parliamentary estate;

(b) exclusion from domestic travel funded in whole or in part through the House of Commons Estimate; and

(c) exclusion from foreign travel funded in whole or in part, directly or indirectly, through the House of Commons Estimate.

(6) Members must not lobby the Panel in a manner calculated to influence the outcome of a risk assessment process.

(7) A Member subject to exclusion from the Parliamentary estate may apply for a proxy vote.

(8) If the Panel considers a Member should be subject to exclusion it shall inform the Speaker, and the Speaker shall authorise the House administration to take such measures as are necessary to ensure the Panel’s decision is implemented.

(9) The Panel may review its risk assessment in the light of new information, and as a consequence of that review may recommend ending any exclusion, varying any existing risk mitigation measures, or introducing further measures as a result of its review.

(10) The decisions of the Panel in relation to a particular case and actions taken thereafter shall not be made public and shall be kept confidential (except insofar as is reasonably necessary to ensure the decision is effected).

(11) A Member’s exclusion will end if—

(a) the Panel so decides and informs the Speaker accordingly;

(b) the Speaker and the Panel are informed by the police or another competent person that the police have concluded their investigations and the charge has been withdrawn; or

(c) a criminal trial has been concluded.”

(3) the operation of Standing Order (Risk-based exclusion policy) be reviewed by a panel appointed by Mr Speaker, and the report of that panel shall be laid before the House no later than six months after the date of this Order; and

(4) Standing Order No. 39A (Voting by Proxy) be amended as follows:

(1) In paragraph (2)(d) after “injury” insert

“() risk-based exclusion from the Parliamentary estate”; and

(2) After paragraph 5(b) insert

“() The Speaker shall not specify the reason for which a proxy vote has been given in any such certificate.”

[Madam Deputy Speaker]

With this, we shall discuss the following:

Amendment (o), in paragraph (1), leave out

“, save that the threshold for risk-based exclusion should be when a Member has been charged with a relevant offence”.

Amendment (h), in paragraph (1) of the proposed Standing Order, leave out “is charged with” and insert

“has been arrested on suspicion of committing”.

Amendment (i), in paragraph (1) of the proposed Standing Order, leave out

“a risk assessment will take place”

and insert

“Mr Speaker shall authorise the House Administration to take such steps as are necessary to ensure that the Member is excluded from—

(a) the Parliamentary estate;

(b) domestic travel funded in whole or in part through the House of Commons estimate; and

(c) foreign travel funded in whole or in part through the House of Commons estimate.”

Amendment (j), leave out paragraphs (2) to (6) of the proposed Standing Order.

Amendment (n), after paragraph (2) of the proposed Standing Order insert—

“() The Panel shall have power to meet notwithstanding any adjournment of the House, in person or by electronic means.”

Amendment (p), after paragraph (2) of the proposed Standing Order insert—

“() The Panel will not be given the name of the Member being risk assessed.”

Amendment (c), leave out paragraph (7) of the proposed Standing Order.

Amendment (k), leave out paragraphs (8) to (10) of the proposed Standing Order.

Amendment (l), in paragraph (11) of the proposed Standing Order, leave out sub-paragraph (a).

Amendment (m), in paragraph (11)(b) of the proposed Standing Order, leave out “and the panel are” and insert “is”.

Amendment (q), in paragraph (11)(b) of the proposed Standing Order, leave out

“the charge has been withdrawn”

and insert

“no charge has been made”.

Amendment (d), leave out paragraph (4).

[Penny Mordaunt]

On behalf of the House of Commons Commission, I rise to speak to the motion standing in my name on the Order Paper. I will keep my opening remarks short and try to answer right hon. and hon. Members’ issues at the end of the debate.

The motion before us provides for four things: for the House to approve the updated proposals on risk-based exclusion published on 14 December 2023 and modified by the Commission at its meeting on 18 March; to agree a new standing order to implement the risk-based exclusion policy; to require Mr Speaker to appoint a panel to review the operation of the new Standing Order, to report within six months; and to allow MPs who are excluded from the parliamentary estate to apply for a proxy vote. There is also an amendment tabled in my name on behalf of the Commission, which would enable the risk assessment panel to meet during recess. This is a technical amendment—

--- Later in debate ---

[Stella Creasy (Walthamstow) (Lab/Co-op)]

I hear what the right hon. Lady is saying. How does she answer the charge that we in this place may be hypocrites—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We cannot be hypocrites in this place. I am sure that the hon. Lady can find a more appropriate word.

--- Later in debate ---

[Dame Karen Bradley]

My right hon. Friend is right that excluding a representative’s voice from these Benches is a severe punishment for constituents.

I will make a final point in my role as chair of the British Group of the Inter-Parliamentary Union. BGIPU has agreed it will follow whatever is decided by this place on travel, so outbound delegations will not feature anybody who has been excluded on the basis of a decision taken by the panel. We will ensure that decision is upheld. I believe the other various parliamentary groups are looking at the same thing.

I realise you have indulged me, Madam Deputy Speaker, with the time I have taken. To conclude, on balance, I support what the Leader of the House has put forward and I will be voting in favour of that.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the SNP spokesperson.

--- Later in debate ---

[Several hon. Members rose—]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I will have to impose a time limit of seven minutes.