Staff working in Westminster are “woefully unprotected” if they are sexually harassed thanks to legal loopholes which effectively leave parliament “above the law”, new research has revealed.
A joint report from gender equality charity The Fawcett Society and law firm Hogan Lovells found “glaring gaps” in equality laws coving MPs, peers, parliamentary staff and volunteers.
Researchers found that MPs are not currently covered by the section of the Equality Act which rules against harassing employees as they are technically ‘elected’ rather than employed.
Peers in the House of Lords and parliamentary volunteers are left similarly unprotected by the Act due to their lack of ‘employee’ status, the report has revealed.
Meanwhile, although each of the Commons’ 650 MPs is legally a separate employee – as are many of the 785 peers, parliament itself and political parties – staff in Westminster are not legally protected against sexual harassment from third-parties.
“Everyone is entitled to work with dignity, free from harassment and abuse,” said Sam Smethers, chief executive of The Fawcett Society.
It is “fundamentally unacceptable” that the decision to exempt MPs and peers from the Equality Act is leaving women unprotected, she continued.
“It is vital that we increase women’s representation in parliament but in order to do that we need to end sexual harassment in our politics which is deterring women from getting involved and also alienating voters.”
An online survey of more than 2,000 people by the charity found that 29% of people said that accusations of sexual harassment in parliament had made them less likely to get involved in politics, while almost a quarter (23%) said it had made them less likely to vote.
The Fawcett Society is now calling on the government to reform legislation in line with countries like Australia and Denmark to ensure that everyone working on the parliamentary estate is legally protected from sexual harassment.
Meanwhile, the Equality Act must be strengthened to give third-party protection for all workers, campaigners said.
The charity’s poll found that 73% of recipients believe that there needs to be a change in how unwanted sexual behaviour is dealt with in politics, while seven in 10 said an MP should be removed from office and banned from running for election for a set period of time if found guilty of sexual harassment.
When asked about appropriate sanctions, 70% said an MP should have to make a public apology, while the same percentage said constituents should have the power to trigger a by-election.
The report comes just three months after a damning report into bullying and sexual harassment in parliament found that sweeping reforms were needed to tackle “pervasive abuse” among MPs and House of Commons staff.
The investigation, led ex-judge Dame Laura Cox and launched after allegations of bullying against the speaker of the House of Commons, found the sense of loyalty felt by staff has been “tested to breaking point” by a culture of “deference, subservience, acquiescence and silence”.
A House of Commons spokesperson said: “Sexual harassment has no place in the House of Commons.
“Since the introduction of an independent complaints and grievance scheme last year, staff and members have access to an Independent Sexual Misconduct Advisory Service (ISMA Service) which provides advice, support and signposting to those who have experienced sexual misconduct/harassment whilst on the Parliamentary Estate, in constituency offices or whilst undertaking parliamentary work.
“The ISMA Service is staffed by trained advice workers with direct access to Independent sexual violence advisors who together, are able to respond to the different and wide-ranging needs of callers, in recognition that sexual harassment and sexual violence can occur in multiple ways.
“This service is also available to support people through the independent complaints process.”