Independent Complaints and Grievance Policy

Pete Wishart Excerpts

Wednesday 28th February 2018 Commons Chamber

[Pete Wishart (Perth and North Perthshire) (SNP)]

It is a pleasure to follow the hon. Member for Harwich and North Essex (Mr Jenkin). I always seem to follow him during debates such as this, and that is probably as it should be, given his thoughtful contributions. I shall pick up a couple of the issues that he highlighted in what was, again, a very thoughtful speech.

I thank the Leader of the House for her opening contribution, and congratulate her on the stout leadership that she offered throughout the deliberations of the working group. She mentioned 100 hours; looking at my colleagues behind me, I have to say that they may not have been the most peaceful 100 hours—there was a little bit of fractious debate on some of the issues—but this is nevertheless a solid, cross-party piece of work. I do not think that, during my 17 years in the House, I have been involved in a piece of work that has been so considered, so reviewed and so comprehensively examined. That is a tribute to the diligence of all the members of the working group, many of whom are in the Chamber today. It was a privilege to be part of that group, and I hope that I played some small part in designing its hugely important report.

I join the Leader of the House in thanking the many witnesses who appeared before the group, and the staff who played such a vital role in helping to provide the testimony and evidence. I particularly thank the members of the secretariat, some of whom are in the Box this afternoon, for making sense of all the fractious debate and the various goings-on and producing what I think is a very readable report which addresses all the issues that were raised.

This was also a new way of working. I think that the most innovative and useful feature was the presence of staff members in the working group. Indeed, it was probably a first. Staff had equality of membership with MPs, which, in my view, gives the report added legitimacy, and will go a long way towards ensuring that the staff can have confidence in it. I hope that we can do more of that type of work in the future, involving the staff of the House. When it comes to such critical work, particularly work on House issues, we need to hear their voices. As we discovered when preparing the report, they have solid contributions to make to discussions about the way in which the House functions.

This report is a significant and ambitious piece of work which will, hopefully, help to redefine the culture in our Westminster workplace. I think that the most important part is the first sentence of the first paragraph, which states:

“All those who work for or with Parliament have a right to dignity at work”.

Some may feel that that does not need to be said, but it underpins everything else in the report, and I believe that it cannot be reiterated often enough.

Some 15,000 people work in and around the parliamentary estate, including us weird and demanding Members of Parliament, the even stranger Members of the House of Lords, and the staff who support us so that we can make our grandstanding speeches and try to impress our constituents. The estate is full of very diverse and, I think we must concede, some weird and strange people. One thing, however, should unite everyone on the estate, and that is the conviction that all who work here have a right to expect to work in an environment that is free from bullying and harassment, especially sexual harassment. There should be zero tolerance of any inappropriate behaviour.

The report was not created in a vacuum; it was a response to some very serious allegations that emerged at the end of last year. The leaders of all our parties got together and decided that those allegations had to be addressed, and that something had to be done in Parliament about such a crucial issue. That was what sanctioned the work that we did. However, it was also a response to the wider societal debate about the many revelations that have followed the Weinstein revelations in Hollywood.

We are, I believe, at a critical juncture in the debate about harassment in the workplace. We have an historic opportunity to redefine what is and what is not acceptable, and to make an important contribution and commitment to dignity at work. It is essential for Parliament to lead the way, because Parliament is the forum of our national debate and the centre of our democracy. We would be shirking our responsibility if we did not issue the strongest possible statement that such behaviour is unacceptable in this place, as it should be unacceptable in any workplace in the United Kingdom. If we did not lead the way and establish procedures and processes to deal with our own issues, we would be letting down the people whom we serve throughout the country. We should set the example, and I believe that this document does that. It sets out, very clearly, our commitment to putting our own house in order.

The working group gained a sense of the scale of the problem in our own workplace after commissioning a short survey, asking people working in Parliament about their experiences of bullying and harassment. There was a solid response from staff throughout the estate, some 1,377 of whom replied. The results of that survey, together with the results of surveys conducted by Unite and the Members and Peers Staff Association, gave us a pretty strong impression of some of the unsavoury activities that had been taking place. Indeed, some of the findings were quite shocking. What those surveys revealed was that bullying and harassment, including sexual harassment, had been a feature of the lives of many people who work in Parliament. Of the respondents, 39% reported experiences of non-sexual harassment or bullying in the last year, and 19% reported experiences of sexual harassment or witnessing sexually inappropriate behaviour.

I have only just received—along with, I am sure, every other Member—an email from the Young Women’s Trust. It is an important e-mail, but, unfortunately, I saw it too late to be able to include it in the formal part of my speech. Figures that it included made it clear that the issues in young women’s workplaces throughout the country are not very different from the issues that we identified in the House of Commons.

The proposal is for a new shared code of behaviour that will underpin the new complaints and grievance policy. We will have a new, transparent, robust and credible complaints and grievance system that protects the confidentiality of proceedings and applies natural justice at its core, and it will be independent of the political parties, which is a key feature. Concerns have been raised about the political parties’ abilities to deal with these issues. I do not point the finger at any particular party; all our parties are bad at doing this stuff. We have several unresolved cases of people who have been charged with all sorts of activities but where that has still not been heard properly. There is a lack of confidence about political parties’ abilities to take these issues up, because of fear that the parties will try to defend and protect their own political interests. An independent route is therefore essential. A party route will still be available for people who feel that is more appropriate for them, but I hope that, in time, the independent route will be routinely used.

Another attractive and helpful feature is the proposal that all our staff secure HR support. I have been in this place quite a long time and I was shocked that that facility was not available for members of staff. Given that we are going to go forward with new codes of behaviour and new procedures for resolving grievance, it is essential that that support is given to staff. That is an important innovation that I am certain will be warmly received by members of staff throughout the House.

Concerns about sexual harassment are what led to this group being set up, and, importantly, in our report we recognise that sexual harassment is qualitatively different from other forms of inappropriate behaviour and therefore requires different definitions, procedures and approaches. This new confidential scheme will provide practical and emotional support to any complainant, and respect absolutely that complainants have confidentiality and have no obligation to report criminal offences to the police, although they will be supported if they feel that is appropriate and it is their choice to do so. All reports will be handled by a specialist, trained independent sexual violence adviser, who will be a single point of contact throughout the proceedings. The way this has been designed will give confidence to anybody who wants to come forward that they will have respect and confidentiality, and that there will be a proper road map for how the complaint will be conducted and progressed.

Sanctions are important, too—we have already heard a few issues about that. I was disappointed when a draft report was leaked to the press over Christmas and the press sought to portray it as if Members would only have to make an apology or would just get a slap on the wrist if they were found to be transgressors or guilty in any respect, but it was never anything of the sort. We have put forward a whole range of sanctions that will be in place, from just an apology where that might be all that is necessary to resolve a dispute, all the way up to the possibility of recall of an MP and the expulsion of a Member of the House of Lords. The full list of sanctions is included in the report.

Lastly, I want to talk about the culture of the House, as this issue came up time and again in our deliberations. I hate the culture of this House. I have never been fond of being in the House of Commons; some of my friends think it is a fantastic place to work and do their business, but I always find it a little bit uncomfortable. Perhaps it is the Scottish nationalist in me that grates a little bit, but this House has a peculiar historical culture that practically oozes patriarchy and abuse of power. I had a female friend in the House a few months ago who is very conscious of these issues and she told me that the portraits in this place seem to harass us because of the way the images are set up. The historical patriarchy we have in this place is embedded in the defining features of this House. Our workplace is a weird bastion of privilege. We call friends like mine who visited the House “Strangers” and legislation is designed on a sea of booze in the many bars we have around the perimeter of this Chamber.

[Alison Thewliss (Glasgow Central) (SNP)]

My hon. Friend makes a good point about the sea of alcohol in this place. I was at an event that started at 1 o’clock this afternoon and wine was being served. Does he consider that appropriate within this building?

[Pete Wishart]

I am grateful to my hon. Friend for raising that, because I want to come on to some compelling evidence that we secured during our inquiry. It came from Sarah Childs, who authored the “Good Parliament” report, which I know my hon. Friend will be familiar with. It is a fantastic report that got to the heart of how this place does business and the culture and environment we work in, and makes some practical suggestions for addressing it. We work here till after midnight some nights, and I do not mind doing that. It is what we do as parliamentarians, but no one should suggest that it is good practice or that it allows us to get home to our families or to have a proper work-life balance. That would be nonsense. We do the work because we are committed to doing it, but no one can convince me that this is good practice. That brings me back to the question of setting an example. We should be leading the way in good, normal working practice. We do it in Scotland, where we have designed our Parliament around a normal working day, and if it can be done there, we can do it here too. I hope that we will continue to engage with the work that Sarah Childs has undertaken. I cannot commend her report highly enough when it comes to having a look at the culture and environment of this place.

[Emma Little Pengelly (Belfast South) (DUP)]

The hon. Gentleman is making some powerful points. We are all here to do an important and responsible job, making the laws that set the parameters for people right across the United Kingdom. We can talk about the culture here, and about the environment and the bars, but does he agree that personal responsibility lies at the heart of this issue? Does he agree that individuals in all the parties should know better, that they should take personal responsibility and that they should act in an appropriate and respectful way towards everybody, regardless of the working hours, the bars and the restaurants?

[Pete Wishart]

I am grateful to the hon. Lady, but I almost take that as a personal chastisement. I am sure that hon. Members will know that I sometimes enjoy a pint of the guest ale in the Strangers Bar, but she is absolutely right to say that this is all about personal behaviour. However, we have an unusual workplace where this is allowed. I do not know of any workplace in my constituency that has six bars as a normal feature. I think we have to recognise that the way in which this place has been designed—I am not just talking about the bars—can lead to difficulties, as we have begun to see in the past few years. The hon. Member for Harwich and North Essex talked about how we had got to this point historically, and perhaps it has a little bit to do with how the House has been designed and constructed, as well as the way in which we do our business. It is worth looking at all those things.

The hon. Member for Harwich and North Essex talked about training. The working group spent hours discussing that issue, and I think we reached a point at which consensus emerged on how it should appear in the report. I take the view that there should be compulsory training, and I supported the idea that there should be a kitemark for Members of Parliament who had been through such training. Members of staff looking around to see who they might work for would see the kitemark and know that that Member had been through the training. They would then have an expectation of a better workplace environment with that Member, compared with what they could expect from someone who rejected training out of hand and who there might be issues with. I thought that that was a good suggestion, although I could not convince the Leader of the House on that one. It was a proposal that came from some of the staff representatives on the group, and I think that we have to do this as a way forward.

Training will be mandatory for new Members of Parliament when they come into this place. The point was also made that most Members of Parliament have never been employers before. I was never an employer, and I think that that applies to most of us on the Opposition Benches who are perhaps from a more modest background, although perhaps less so to the denizens of business on the other side. I did not know how to manage staff when I first came here. I had to learn from experience and do it on the job. It would be helpful and useful to be given that training, not only on issues to do with equality but on how to be a good employer. There would be nothing wrong with that, and I welcome the recommendation that in the next Parliament, Members will be obliged to go through training.

The people who rush to do the training will be those of us who are interested in equality issues. I have no issue with taking training, and I look forward to doing it, but the real question is how we are going to drag the old dinosaurs into it. There will be those who have a more traditional view of the workplace environment, which might influence their approach to employing members of staff. Perhaps the kitemark could be a way of distinguishing those who were prepared to undergo equality training from those who were not.

[Jo Swinson]

I hope to be able to encourage the hon. Gentleman, because I know that we went through so many drafts of the report. The proposal on the good employer standard is in paragraph 81 and also in paragraph 79. I was very happy that we reached the point of stating:

“Until such time as training is mandatory, records of those who have completed the recommended training will be publicly available.”

I think that that will help to focus minds before the training becomes compulsory.

[Pete Wishart]

I agree. The kitemark suggestion is perhaps slightly different from what was eventually agreed, but of course I accept that, and it is a welcome addition to the report.

As you can probably sense, Mr Speaker, this is an important report, and it was certainly worth spending all those 100 hours on it over the past few months. I see it as being more than just a report of this House; it could be a blueprint for complex workplaces across the country. It could be the start of a permanent change in the culture of this place. There is no going back.

[Rachel Maclean (Redditch) (Con)]

I am fascinated by the hon. Gentleman’s remarks about training and agree with about 99% of what he says. Will he comment further on how often people should renew training once it has been taken? Workplaces and legislation can change fast, and what was considered acceptable maybe 10 years or 15 years ago is no longer accepted, so I would be interested in his comments.

[Pete Wishart]

I am very grateful to the hon. Lady, because the working group did not consider that. She is right that, such is the fast-changing nature of the workplace environment, people should be required to redo the training, because innovations do happen. I am looking around at colleagues from the working group and I cannot see any real objection to that suggestion, so the Leader of the House might consider it as we move forward and as the report evolves.

[Simon Hart (Carmarthen West and South Pembrokeshire) (Con)]

We only have to look outside this place to realise that almost every other industry in the UK has something called continual professional development. If the dinosaurs do not like being dragged into that, they know what the alternative is.

[Pete Wishart]

That is a useful contribution. My workplace background was in a rock band, so I am not all that familiar with some of the things have been going on in industry, but I will obviously take lessons from the hon. Gentleman, who seems to know what he is talking about.

This report is a helpful and worthwhile document. There is no going back now in the quest for equality. We reached a defining point last year when all these issues started to emerge, and we had a range of online societal campaigns among those who decided that they had had enough. I hope that this little report will perhaps mark the beginning of the end of some of the horrible, appalling practices that we have seen in this House over the years.