Meeting of the Parliament 16 December 2020
It goes without saying that sexist behaviour and sexual harassment, or any bigoted and abusive behaviour, do not belong in our national Parliament or anywhere else in our representative democracy.
Equality is supposed to be one of the Parliament’s founding principles. As we all know, on the mace at the front of the chamber are inscribed the words “wisdom”, “justice”, “compassion” and, importantly, “integrity”. Every person, no matter where they work or who they work for, has the right to work in an environment that promotes respect, fairness, equality and dignity, and enables them to make the best contribution that they can to their work. As a trade union member all my working life, those principles are important to me. Indeed, the advances that we have made over the centuries, including ending serfdom, slavery and bonded labour, winning advances in health and safety, welfare, equal pay, pensions and the minimum wage, and introducing legislation on equalities, were all won by brave people and organisations refusing to accept the status quo, challenging powerful individuals and institutions, and forcing change. Such progress was not, and never will be, won by the benevolence of those who hold power, and so it is with this Parliament. The bill comes about because we have been forced to change by brave people coming forward.
When the sexual harassment survey was issued to just over 1,600 people, the response rate was 62 per cent, with 81 per cent of parliamentary staff and 76 per cent of MSP staff responding. We might take some comfort that 78 per cent of respondents said that they had never experienced any sexual harassment or sexist behaviour, but it is dreadful that 20 per cent had. That means that more than 300 people have experienced such behaviour while working in our Parliament, which we often think of as a place that has a moral superiority over other institutions. Thirty per cent of women and 6 per cent of men reported experiencing such behaviour in some form, and the survey also showed that, although knowledge of different reporting procedures was high, the percentage of those who used them was low. Crucially, those who had experienced such behaviour were the least likely to have confidence in the reporting process. That does not paint the Parliament in a very good light.
We have seen some revisions of the code of conduct such that complaints under the code about an MSP’s treatment of a member of the Parliament’s staff, or of a member of staff of another MSP, can now be directly made to the commissioner. MSPs’ own staff are now included in order to give effect to the recommendation of the joint working group that such complaints be dealt with under the code. That means that Parliament will be able to hold members to account for their behaviour towards their own staff in the same way as for their behaviour towards anyone else. That is a good thing.
Although the changes to the code place the parties who experience misconduct by an MSP on an equal footing, the code does not address complaints about historical misconduct towards an MSP’s own staff, and that is where the bill comes in. It amends the 2002 act to allow the commissioner to investigate complaints about past instances of alleged sexual harassment by MSPs towards their own staff. That is achieved by adjusting what is treated as a relevant provision for the purposes of the commissioner’s investigations under the 2002 act. The expansion of what is deemed as a relevant provision will apply only to complaints of sexual harassment, and not to other forms of misconduct. The change means that complaints about MSPs’ treatment of their own staff, if they relate to sexual harassment, will be treated as though they have always been covered by the code of conduct.
The committee inquiry identified that there are various barriers to people bringing complaints and that it can take time for people to do so. To address the issue and deliver the recommendation, a change to the admissibility criteria is required. The criteria normally require a complaint to be
“made within one year from the date when the complainer could reasonably have become aware of the conduct complained about.”
If the commissioner considers that the one-year requirement has not been met but the complaint is otherwise admissible, they are obliged under the 2002 act to seek a direction from the Parliament to either dismiss the complaint or treat it as admissible. The committee views that requirement as a deterrent to anyone who is considering bringing a complaint about historical misconduct, and the bill removes that step. That is a good move.
Dealing with sexual harassment is not only a case of revising policies; it is about creating a change in culture so that people are treated with dignity and respect regardless of who they are.
Scottish Labour supports the general principles of the bill and will vote for it tonight.
16:14