House Standards System: Confidentiality and Sanctions — House of Commons, 2021-04-21
Topic: Government Operations
Jacob William Rees-Mogg (Conservative, Centre-right): As the Leader of the House, I am happy to bring forward these motions to facilitate the House’s decision on these matters following inquiries by the Standards Committee. They will implement the Standards Committee’s recommendations, as set out in its sixth and seventh reports and revised by its 12th report. I am grateful to the Committee and its Chairman, the hon. Member for Rhondda (Chris Bryant), for the collaborative way in which the motions have been brought forward and welcome the Committee’s engagement ahead of finalising its recommendations. This is the latest step in our continuing efforts to improve our ways of working so that the United Kingdom Parliament becomes more effective in its core task of serving voters. Thorough culture change comes from setting expectations as much as new rules, but as the proposals do both, I hope that they will meet the House’s approval It may help if I briefly explain the motions on the Order Paper. Motion 6 relates to the Committee’s recommendations on confidentiality, which are based on proposals from the Parliamentary Commissioner for Standards for some fine-tuning of the confidentiality regime in relation to non-independent complaints and grievance scheme cases. In particular, the motion will give the commissioner the authority to publish a list of continuing non-ICGS investigations and to confirm or deny whether a non-ICGS matter is being looked into, as she did prior to 19 July 2018. In addition, following my discussions with the Committee, in circumstances in which significantly incorrect information about allegations has been made public, it will now be possible for the injured party to apply to the commissioner for a public rebuttal to be issued, either by the commissioner herself or by the injured party, with her express prior approval of the text I understand that there has been some concern that the effect of the changes that we are making today could be to limit the ability of Members to speak to others about allegations made against them in order to seek support. I reassure right hon. and hon. Members that the position on unauthorised disclosure would of course be without prejudice to the right to access confidential advice and support from others. When it comes to ICGS cases, that right is clearly set out in the independent expert panel’s recently published guidance, which says that Members may "seek support from a family member, friend or colleague", with whom they may share information "in confidence." Motions 7 and 8 relate to the Committee’s recommendations on the sanctions available in both ICGS and non-ICGS cases. The Committee has recommended a rationalised set of sanctions, as envisaged in the ICGS delivery report and supported in the reports by Dame Laura Cox and Gemma White on bullying and harassment in Parliament. Motion 7 relates to sanctions in non-ICGS cases and motion 8 relates to sanctions in ICGS cases, reflecting the role of the independent expert panel in determining sanctions in those cases Motion 7 asks the House to note 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. As I said to the Committee in the Government’s response to its seventh report, while these factors can provide helpful context to specific cases, they may on occasion be based on subjective judgments and will therefore be secondary to the facts established in the investigations. I think that is a key principle, and it is also important that these factors are properly communicated to Members The motion sets out a range of sanctions, from formal discussions at the lower end through to expulsion from the House, at the agreement of the House, as the most severe sanction. Importantly, where a sanction is to be imposed that affects the withdrawal of services, a distinction is drawn between the withdrawal of services that affect the core functions of a Member and those that do not. The withdrawal of services affecting the key functions of a Member may be implemented only with the agreement of the House itself I am sure that the Chairman of the Standards Committee will want to provide further details on the approach taken in his Committee’s reports. For my part, I bring forward these motions as part of a shared endeavour to improve the way this House functions, and to demonstrate our firm commitment to improving our working culture further. Our constituents send us here with the full expectation that we will do all in our power to represent them properly, and every day, across the House, I find hon. and right hon. Members doing their absolute best to live up to that. But on the occasions when a Member’s conduct is found wanting, we must demonstrate the firmness of our collective commitment by ensuring, to paraphrase Plato, to every Member their due. On that basis, I commend these motions to the House.