House Standards System: Confidentiality and Sanctions — House of Commons, 2021-04-21
Topic: Government Operations
Jacob William Rees-Mogg (Conservative, Centre-right): The Chair of the Committee is nodding. That indicates that that is part of this. In the formalisation of the sanctions that this report is dealing with, there is also, as I understand it, the introduction of a least and lowest sanction, which is the word in season to try to ensure that things do not go any further. I made comments earlier about issues relating to how people co-operate with any inquiry, and I reiterate that that is inevitably a secondary and subjective issue, but it ties in at a later stage if somebody has done something that they ought not to have done. I commend these motions to the House Question put and agreed to. Resolved, That this House reaffirms its commitment to the Independent Complaints and Grievance Scheme (ICGS) and to tackling bullying, harassment and sexual misconduct on the part of anyone who works for or with Parliament; reasserts the importance of confidentiality within the ICGS in order to protect the vulnerable and encourage victims to come forward; notes the concerns expressed by the Parliamentary Commissioner for Standards, as set out in the Appendix to the Sixth Report of the Committee on Standards, Confidentiality in the House’s standards system (HC 474), about the operation of certain aspects of the confidentiality regime set up by the House in its decisions of 19 July 2018; agrees to the recommendations specified in paragraph 22 of the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); and notes that nothing in these recommendations undermines the key ICGS principle of confidentiality; Ordered, That Standing Order No. 150 is amended as follows: in paragraph 12, line 8, to leave out "statistical" before "information" and to add "and matters under investigation" after "received" SANCTIONS IN RESPECT OF THE CONDUCT OF MEMBERS Resolved, That this House notes the Seventh Report of the Committee on Standards, Sanctions in respect of the conduct of Members (HC 241) and the Committee’s Twelfth Report, Sanctions and confidentiality in the House’s standards system: revised proposals (HC 1340); endorses the Committee’s approach to creating a revised regime of sanctions for breaches of the Code of Conduct in relation both to Independent Complaints and Grievance Scheme (ICGS) cases and non-ICGS cases; notes that the two reports propose which sanctions will be available to be imposed by the Parliamentary Commissioner for Standards, by the Independent Expert Panel (IEP) in ICGS cases, by the Committee on Standards in non-ICGS cases, and by the House itself, with tables showing ICGS and non-ICGS sanctions as an Annex to the Twelfth Report; notes that the Committee has set out aggravating and mitigating factors in non-ICGS cases that it will keep under review, and that the IEP has published a separate set of aggravating and mitigating factors that will apply in ICGS cases; notes that the new range of sanctions includes the withdrawal of facilities or services from Members, but that, where such a sanction would interfere with the core functions of a Member, the decision on imposing it will lie with the House; notes that the Committee is currently considering options for possible appeal procedures in non-ICGS cases and intends to report to the House separately on these; and approves the conclusions and recommendations of the Committee’s Seventh Report, as modified by its Twelfth Report; Ordered, That (1) Standing Order No. 150 (Parliamentary Commissioner for Standards) is amended as follows: after paragraph (4) insert – "( ) The Commissioner shall have power to: (a) instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and (b) require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct."; (2) The Code of Conduct for Members of Parliament (HC (2017–19) 1882) is amended as follows: in paragraph 21, at end add: "Failure to comply with a sanction imposed by the Committee or the House relating to withdrawal of services or facilities from a Member shall also be treated as a breach of the Code."; and (3) The Guide to the Rules relating to the Conduct of Members (HC (2017–19) 1882) is amended as follows: (a) in Chapter 4, after paragraph 15 insert— "( ) The Commissioner has the right to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; and to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct." (b) in Chapter 4, paragraph 19, line 5, leave out from "may" to the end and add: "impose the following sanctions on its own authority: (a) an apology in writing, or on the floor of the House by means of a point of order or a personal statement; (b) requiring a Member to attend training, or to repay money; (c) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member[footnote to be inserted here: "The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Committee is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter."]; (d) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period The Committee may recommend the following sanctions for decision by the House: (e) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence[footnote to be inserted here: "See previous footnote."]; (f) dismissal from a select committee; (g) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House); (h) withholding of a Member’s salary or allowances even if he or she has not been suspended; (i) in the most serious cases, expulsion from the House While it is for the House itself to decide on the matters set out in the list above, its practice has been to accept the Committee’s recommendations on sanctions."—(Mr Jacob Rees-Mogg.) Sanctions in Respect of the Conduct of Members (ICGS Cases) Resolved, That this House approves the following arrangements for sanctions in cases of bullying, harassment or sexual misconduct by Members following an investigation under the Independent Complaints and Grievance Scheme: (1) The Parliamentary Commissioner for Standards shall have power to instigate informal discussions with a Member to indicate concern about the Member’s reported attitude, behaviour or conduct; to require a Member to attend a formal meeting at which the Commissioner may indicate concern about or give words of advice on the Member’s reported attitude, behaviour or conduct; and require an apology in writing, or on the floor of the House by means of a point of order or a personal statement; (2) The Independent Expert Panel shall have power to impose the following sanctions on its own authority: (a) requiring a Member to attend training or enter into a behaviour agreement; (b) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will not affect the core functions of a Member [footnote to be inserted here: "The core functions of a Member are defined as (a) participation in the formal proceedings of the House or its committees, and (b) their ability to communicate with and make representations on behalf of their constituents. If the Panel is in any doubt as to whether a sanction would interfere with core functions, they are expected to seek the views of the House authorities where appropriate, and to err in their decision on the side of caution, i.e. to recommend that imposition of a sanction should be decided by the House itself if there is any reasonable doubt in the matter."]; (c) for non-Members, subject to the approval of the Speaker, withdrawal of Parliamentary passes, either indefinitely or for a fixed period The Panel may determine the following sanctions for decision by the House: (d) withdrawal of services and facilities from a Member, and imposing other personal restrictions including on travel, where this will affect the core functions of a Member, and where the sanction reflects the nature of the offence [footnote to be inserted here: "See previous footnote."]; (e) dismissal from a select committee; (f) suspension from the service of the House for a specified period (during which time the Member receives no salary and must withdraw from the precincts of the House); (g) withholding of a Member’s salary or allowances even if he or she has not been suspended; (h) in the most serious cases, expulsion from the House. —(Mr Jacob Rees-Mogg.)