Meeting of the Parliament 16 December 2020
The debate has been a positive one with thoughtful contributions, starting with that of the Standards, Procedures and Public Appointments Committee convener, Bill Kidd, through to that of Rona Mackay.
It is a privilege to be elected to serve as an MSP. As we all know, it is a lifestyle and a political vocation, not a 9 to 5, Monday to Friday job.? Although it is well paid, the hours of work are long, commitment is needed and there can be intense pressure. There is no detailed job description or training, and there are no defined employment rights. Of course, members do not stand for election to become employers, and many will have no management experience.
Serving as an MSP gives great job satisfaction in making a difference every day. We advocate directly for our constituents in our area or on Scotland-wide issues, and we give a voice to the unemployed, the homeless and the hungry. With that privilege comes enormous responsibility to our constituents, our colleagues and staff, including those whom we directly employ. As Alex Cole-Hamilton said, we should set the highest standards.
The MSP code of conduct was revised in January, but that did not address complaints about historical misconduct towards MSP staff.? That requires legislative change, which is why the bill is necessary and welcome. It brings us towards completion of a process that, as several members have said, started in 2017 following press reports of sexual harassment in the Parliament.
Sadly, we know that sexual harassment is a routine part of many people’s working lives. A 2016 Trades Union Congress report on sexual harassment in the workplace confirmed that 52 per cent of women have experienced some form of sexual harassment.? Polling in Scotland in 2019?showed that almost 40 per cent of workers have witnessed a colleague being sexually harassed and that 68 per cent of those who have been harassed did not report it to their employers.
As we know, the Parliament is not immune to that sort of behaviour, despite our founding principles and efforts to be an exemplary workplace. As Neil Findlay and Margaret Mitchell said, a survey by the SPCB found that 20 per cent of respondents had experienced sexual harassment or sexist behaviour, and, when that was broken down by sex, the vast majority were women. Therefore, the bill is an important step towards creating a zero-tolerance working environment and allowing the commissioner to investigate complaints of past behaviour, which will grant rights to MSP staff that are similar to those that have already been given to other Scottish Parliament staff.?
Let us remember that sexual harassment is about power and that MSPs are senior figures in this institution, whereas MSP staff are often regarded as junior.
Within that power imbalance, I would say that women are at more risk of harassment and abuse. Concerns about damage to career prospects or working relations were raised by several respondents to the original SPCB survey, and concerns about complaints not being taken seriously were also raised. Although the Parliament has worked to change perceptions, I think that we all recognise that there is a lot more work to be done to make women—and, in some cases, men—feel confident about coming forward.
The removal of the admissibility criteria is not only welcome but essential, as some people might not be aware that they have experienced actionable sexual harassment until a much later date or might not have felt able to make a complaint. It might also encourage others to come forward in circumstances in which behaviour by a perpetrator has been experienced by multiple people.
The removal by section 3 of the bill of the requirement for a signature will facilitate the use of electronic means to submit and withdraw complaints, which I hope will make it easier for people to come forward. However, I note that complaints must still be made by an individual person whose name and address are stated. In its submission to the consultation, the Scottish Women’s Convention pointed out that the lack of anonymity within reporting processes continues to act as one of the most significant impediments for women who have experienced sexual harassment. Perhaps the convener or the deputy convener would like to comment on that, depending on who sums up the debate.
It takes a lot of strength and resolve for any woman to raise a grievance against her boss, and even more to follow through with it, so we should do all that we can to make that process less difficult.
On behalf of Scottish Labour, I thank the committee for proposing the bill, the working group for all its work and everyone who has worked on these issues over a long period and striven to make the Scottish Parliament a zero-tolerance workplace. I confirm that Scottish Labour will support the general principles of the bill at decision time.
16:31