Chapter 4: Relevant aspects of the code
34.On 30 April 2019, the House agreed a revised Code of Conduct. This included, for the first time, explicit reference to the Parliamentary Behaviour Code. Paragraph 10 of the Code says:
“Members of the House should observe the principles set out in the Parliamentary Behaviour Code of respect, professionalism, understanding others’ perspectives, courtesy, and acceptance of responsibility. These principles will be taken into consideration when any allegation of bullying, harassment or sexual misconduct is under investigation.”
35.Paragraph 17 says that “Members are required to treat those with whom they come into contact in the course of their parliamentary duties and activities with respect and courtesy. Behaviour that amounts to bullying, harassment or sexual misconduct is a breach of this Code.”
36.The revisions to the Code also expanded its scope where complaints of behaviour amounting to bullying, harassment or sexual misconduct are concerned. For other types of conduct the Code’s remit is “the discharge of their parliamentary duties” and it does not extend to “duties unrelated to parliamentary proceedings, or to their private lives”. Paragraph 17 applies more broadly to “the standards of conduct expected of members in performing their parliamentary duties and activities whether on the Parliamentary estate or elsewhere.”
Parliamentary Behaviour Code and definitions of bullying, harassment or sexual misconduct
37.The Parliamentary Behaviour Code, included as Appendix A to the Code, sets out six principles of conduct:
- Respect and value everyone—bullying, harassment and sexual misconduct are not tolerated;
- Recognise your power, influence or authority and don’t abuse them;
- Think about how your behaviour affects others and strive to understand their perspective;
- Act professionally towards others;
- Ensure Parliament meets the highest ethical standards of integrity, courtesy and mutual respect;
- Speak up about any unacceptable behaviour you see.
38.Appendix B of the Code defines bullying, harassment and sexual misconduct at some length drawing from definitions included in the Independent Complaints and Grievance Scheme Delivery Report.5
Bullying
39.Bullying may be characterised as offensive, intimidating, malicious or insulting behaviour involving an abuse or misuse of power that can make a person feel vulnerable, upset, undermined, humiliated, denigrated or threatened.
40.Power does not always mean being in a position of authority and can include both personal strength and the power to coerce through fear or intimidation.
41.Bullying can take the form of physical, verbal and non-verbal conduct.
42.Bullying behaviour may be in person, by telephone or in writing, including emails, texts or online communications such as social media.
43.It may be persistent or an isolated incident and may manifest obviously or be hidden or insidious.
Harassment
44.Harassment is defined as any unwanted physical, verbal or non-verbal conduct that has the purpose or effect of either violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for them.
45.It is distinct from bullying in that harassment is related to one or more of the relevant protected characteristics’ which include age, sex, race, disability, religion or belief, sexual orientation and gender reassignment.
46.It may be persistent or an isolated incident and may manifest obviously or be hidden or insidious.
47.It may take place in person, by telephone in writing, including emails, texts or online communications such as social media.
48.Harassment can be intentional or unintentional. The key is that the words or behaviour are unwanted or unacceptable to the recipient.
Sexual misconduct
49.Sexual misconduct incorporates a range of behaviours including sexual assault, sexual harassment, stalking, voyeurism and any other conduct of a sexual nature that is non-consensual or has the purpose or effect of threatening, intimidating, undermining, humiliating or coercing a person.
Anonymity
50.Paragraph 126 of the Guide to the Code of Conduct says:
“Where complaints relate to bullying, harassment or sexual misconduct the identity of the complainant will be shared where necessary with those directly involved in the investigation but will not usually be made public during the investigation, or on publication of the report, unless the complainant desires otherwise. This may involve some redaction in reports. Those involved in the investigation are under an obligation to protect the identity of the complainant and a failure to do so may constitute a breach of the Code as well as a contempt of the House.”
51.Neither of the complainants in this report has waived their right to anonymity. Much of the evidence quoted is therefore redacted or summarised in order to ensure the complainants cannot be identified. Copies of letters, transcripts of meetings and other evidence gathered in these investigations have not been reproduced in this report in their entirety, or at all, as to do so would unacceptably risk the complainants’ anonymity.
External investigator
52.Paragraph 131 of the Guide to the Code says:
“In cases involving bullying, harassment or sexual misconduct, the Commissioner is supported by independent investigators. The Commissioner may delegate to the investigator to the extent she considers appropriate any of her investigatory functions.”
53.As noted above, I was supported by Sam Evans of CMP Solutions.
5 Independent Complaints and Grievance Scheme Delivery Report, published July 2018 (https://www.parliament.uk/documents/news/2018/1%20ICGP%20Delivery%20Report.pdf).