Recommendation 15

In other workplaces, suspension of employees under investigation for sexual misconduct is rightly considered the norm. We note that the House of Commons Trade Union Side is not arguing for suspension of MPs under investigation for sexual misconduct, only for temporary exclusion. However, exclusion of MPs from Parliament is not straightforward. MPs are not employees, they are individually elected postholders, with a specific constitutional and democratic role as their constituents’ sole representative in the legislature. This status must be balanced with the need to protect the parliamentary community from potential harm, particularly given the risk of repeat behaviour by men who engage in sexual misconduct. The complex employment relationships in the House of Commons and parliamentary constituencies may mean there is no perfect solution to this issue. However, the House should consider whether the current approach, based on case-by-case risk assessments, potential withdrawal of services and facilities and, where necessary, informal agreement through the usual channels that an MP under investigation should not attend Parliament, provides the right balance. We recommend the House of Commons Procedure Committee seek fuller advice from the House’s procedural and legal advisers on the issues around balancing protecting people, in Parliament and constituencies, from harm, and constituents’ rights to political representation. The Procedure Committee should consider, in the light of this advice, whether to inquire into this matter further and bring forward recommendations, taking into account the need to: • maintain confidentiality for complainants and respondents; • maintain a presumption of innocence and ensure fair investigations; and • mitigate any undue risk of vexatious allegations.

Paragraph Reference: 111