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Independent Expert Panel recommends suspending Christian Matheson MP for “serious sexual misconduct”

21 October 2022

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The Independent Expert Panel (IEP) has today published a report recommending that Christian Matheson MP is suspended from the House of Commons for four weeks for breaching Parliament’s Sexual Misconduct Policy. A suspension of this length triggers the Recall of MPs Act 2015.

Following an investigation by an independent investigator the Parliamentary Commissioner for Standards upheld two allegations of sexual misconduct against Mr Matheson by a former member of his staff made under Parliament’s Independent Complaints and Grievance Scheme (ICGS). As the report sets out she concluded that he had:

  • invited the complainant to take a private trip abroad, and “the invitation was sexually motivated, unwanted, and had placed the complainant under pressure and intimidated her”; and
  • during a work-related corporate event held outside the Parliamentary estate; “linked arms with her; made personal comments about her appearance while looking at her suggestively; made her hold his hand as they left and insisted on accompanying her to her bus stop; and once there invited her back to his flat, kissed her twice on the forehead and attempted to kiss her on the mouth. The Commissioner concluded that these were all unwanted and unwelcome sexual advances.”

Mr Matheson did not appeal the Commissioner’s decision, but has nevertheless contested some of her findings during the process for determining sanction. The IEP sub-panel determining sanction concluded that, on the Commissioner’s findings:

There is no doubt that [Mr Matheson] was seeking to initiate a sexual relationship with the complainant, his junior employee. This wished-for relationship was unwanted and unwelcome throughout. The evidence confirms that his actions were entirely non-consensual, as well as threatening, intimidating, undermining and humiliating for the complainant.

Although it took into account the fact that Mr Matheson accepted that he had breached the sexual misconduct policy, and other mitigation, the sub-panel found that his “continuing failure to acknowledge the full extent of his misconduct [was] an aggravating factor” and “insulting to the complainant”. “The clear imbalance of power” between Mr Matheson and the complainant, her vulnerability, and reliance on him for employment, were further serious aggravating factors.

It determined Mr Matheson should be suspended from the House for four weeks for this “serious breach of the Behaviour Code”.

Mr Matheson appealed the sub-panel’s decision. However, the new sub-panel appointed to consider his appeal dismissed it, concluding that he had not raised any substantive grounds of appeal.

Who can I talk to for support?

If you have experienced an incident that is not in line with our Behaviour Code we encourage you to reach out to the people and services available to you for advice, support and help. You can find how to access support, and how to make a complaint on the ICGS website.

ICGS and Events off the Parliamentary estate

One of the allegations in this case centred on events that occurred off the Parliamentary estate.

Parliament’s sexual misconduct policy is clear that it “applies to acts of sexual misconduct by and against any member of the Parliamentary Community on the Parliamentary estate or elsewhere in connection with their Parliamentary activities.” (paragraph 4.1 of the policy.) It further explains (para 4.4) that:

“The work of the Parliamentary Community is broad and may involve office work, public facing work, travel and social events related to parliamentary business, as well as nonstandard working hours. As a result, this policy applies to behaviour by members of the Parliamentary Community in any circumstances relating to their Parliamentary work, regardless of location.” [emphasis added]

The same provisions apply to the bullying and harassment policy.

How does the Recall Act apply to this case?

Because the IEP has recommended that Mr Matheson is suspended for more than 14 days Standing Orders requires the Committee on Standards to make a Report to the House recommending an identical suspension in order to trigger the Recall of MPs Act 2015. This change was made following the suspension of Rob Roberts MP in 2021.

If the House then agrees the suspension, a “recall petition” will be opened in Mr Matheson’s constituency. If 10% of the electorate in the constituency sign the petition within six weeks, the seat will be declared vacant, and a by-election held.

More information on how recall works is available in the House of Commons Library Briefing on Recall Elections.