Hansard

Our role as MSPs is a privilege and we should aspire to a high standard of behaviour. Sadly, that is not always the case.

Neil Findlay pointed out the shocking statistics from the staff survey. What was even more shocking was that 45 per cent of perpetrators referred to in the results of that survey were MSPs. I was a member of the joint working group that was set up to deal with that desperate situation. The proposed bill comes from the recommendations of that working group.

It is clear that sexual harassment is based on an imbalance of power. The privilege of being an MSP bestows power on all MSPs, and abuse of that power is simply wrong. It is an abuse of our privilege—a privilege that was given to us by the Scottish people. I therefore welcome the consensus among all members that the change in legislation is necessary.

One of the most difficult issues that the joint working group looked at was the protection of MSP staff. They are directly employed by MSPs and have no right of appeal beyond their employers to the Parliament, to the Scottish Government or, indeed, to their party. Therefore, extending the remit of the Commissioner for Ethical Standards in Public Life in Scotland to investigate such complaints adds to the protection for staff. It could also be a deterrent to MSPs who seek to abuse people in that vulnerable position.

Graeme Dey and Neil Findlay talked about extending that protection to Scottish Government and Parliament staff. I agree with that but, as it stands, Scottish Government and Parliament staff have a right to complain to their line manager and a right to have complaints about an MSP investigated beyond that MSP. An employer would normally investigate, and that might be the right way to do it for such members of staff, because the employer could also provide the support that is required for staff while the investigation continues. However, if an MSP were found guilty of harassing Scottish Government or Parliament staff, it would be right and proper for the Commissioner for Ethical Standards in Public Life to consider sanctions for that MSP.

I welcome the removal of the one-year cut-off for complaints of sexual harassment. That shows an understanding that the victim might be reluctant to come forward, because such behaviour might impact on someone’s self-esteem, there is an embarrassment attached and there is a huge fear for MSP staff about their employment. Added to that, our staff normally share our political affiliation, so there is a reluctance to call out an MSP if that could cause reputational damage to the party. I say to anybody who is a victim of such abuse that it is not them who is causing that damage; it is the person who is perpetrating the abuse. I ask them never to be silenced by someone who preys on their party loyalty while not displaying the same loyalty themselves.

We need to have zero tolerance for sexual harassment. The proposed change to the legislation works towards that. All our staff need to feel safe in their workplace. We are in a privileged position, and it is unacceptable for anyone to seek to abuse that privileged position. Therefore, it is right that protections are put in place to hold abusers to account.