Chapter 9: Outcome
160.Under the Code of Conduct, when I uphold a complaint of bullying, harassment or sexual misconduct, I must produce a report for publication and identify an appropriate outcome, which can range from no action to expulsion from the House.
161.In this case these complaints were made after my report of October 2019 following similar complaints by other complainants. However, the behaviour that triggered the complaints took place before the earlier complaints were made.
162.In considering an appropriate sanction, I first considered whether, if these complaints had been made as part of my earlier investigation, I would have reached a different conclusion on appropriate sanction in that investigation.
163.I concluded that I would not have done: Lord Stone made it clear that the behaviour complained of in the first investigation reflected his usual conduct, and was not limited to the specific examples given by the complainants, and the behaviour complained of in this investigation was very much on a par with the earlier behaviour complained of.
164.The Code of Conduct requires that, where complaints are made of bullying harassment or sexual misconduct, the fact of the complaints and of my investigation has to be kept confidential until any report is published.
165.This meant that the complainants in this investigation had no way of knowing that complaints had been made and were being investigated until my report was published in October 2019.
166.It follows that they cannot be criticised in any way for not complaining before my report was published. On the other hand, Lord Stone should not be disadvantaged by the fact that the earlier investigation was confidential, and has resulted in two investigations, and two reports, relating to conduct that all occurred before the first complaints were made.
167.During the course of this investigation I established that Lord Stone was still receiving behaviour change training, and I know he has made the trainer aware of these complaints.
168.GH and Lord Stone have agreed that Lord Stone continuing his training and for the conduct described in GH’s complaint to be incorporated into that training is the appropriate outcome.
169.CD wrote to me on 29 June to say that she was not content to agree to remedial action and wanted the matter to go to the Conduct Committee, which could decide on a different sanction. CD explained:
“Whilst I appreciate his apology, his reflections and changes in lifestyle as a consequence, I cannot agree to remedial action as the only solution to this incident. This is due to the gravity of the incident I have reported, coupled with the numerous other incidents that were reported formally to the Commissioner, those reported to the Clerk of the Parliaments (as Lord Stone told me himself) and the possibility of unreported incidents.”
170.She told us that she would not feel at ease if she did not “push for restrictions to Parliamentary services. Allowing members to have access to these privileges condones wrong and damaging behaviour.”
171.I informed Lord Stone of CD’s decision. He responded to say that he regretted the impact of his previous behaviour on others, that the training he was undergoing was helping him to gain a better understanding of his behaviour and how to change it, and that as result of the findings against him he was coming to the House of Lords less frequently.
172.Each complainant was seen separately, and neither was aware of what the other had agreed.
173.As GH and Lord Stone agreed that Lord Stone would continue to undertake bespoke training to address his behaviour and its effects on others, this is the outcome to the complaint made by GH.
174.As CD did not agree to remedial action, her complaint is referred to the Conduct Committee for final decision.
175.Neither of these complainants wishes to be identified. As is apparent from the report, one is a member of the public and one works in Parliament. In my previous reports, I asked that no attempt be made, in or out of Parliament, to identify the complainants and I hope very much that the same restraint and courtesy will be shown to these complainants.