164   Risk-based exclusion / Risk-based exclusion policy

When the Clerk of the House is informed by the police that a Member has been arrested on suspicion of committing a violent or sexual offence a risk assessment will take place.

The risk assessment will be carried out by a Risk Assessment Panel, appointed by Mr Speaker.

The Panel shall have power to meet notwithstanding any adjournment of the House, in person or by electronic means.

The Panel will not be given the name of the Member being risk assessed.

In carrying out a risk assessment the Panel will have regard to-

(a) the nature of the alleged misconduct;

(b) whether there is any safeguarding concern;

(c) the risk to the Parliamentary community, or a particular individual, group or groups within it;

(d) information from the police; and

(e) any undertaking that the Member in question is subject to an existing voluntary agreement not to attend the Estate.

The Panel shall have the assistance of the Counsel to the Speaker, the Director of Parliamentary Security and such other members of the House administration as it thinks fit.

The Panel will decide on appropriate measures to mitigate any risk, and such mitigation may include one or more of the following-

(a) exclusion from the Parliamentary estate;

(b) exclusion from domestic travel funded in whole or in part through the House of Commons Estimate; and

(c) exclusion from foreign travel funded in whole or in part, directly or indirectly, through the House of Commons Estimate.

Members must not lobby the Panel in a manner calculated to influence the outcome of a risk assessment process.

A Member subject to exclusion from the Parliamentary estate may apply for a proxy vote.

If the Panel considers a Member should be subject to exclusion it shall inform the Speaker, and the Speaker shall authorise the House administration to take such measures as are necessary to ensure the Panel’s decision is implemented.

The Panel may review its risk assessment in the light of new information, and as a consequence of that review may recommend ending any exclusion, varying any existing risk mitigation measures, or introducing further measures as a result of its review.

The decisions of the Panel in relation to a particular case and actions taken thereafter shall not be made public and shall be kept confidential (except insofar as is reasonably necessary to ensure the decision is effected).

A Member’s exclusion will end if-

(a) the Panel so decides and informs the Speaker accordingly;

(b) the Speaker and the Panel are informed by the police or another competent person that the police have concluded their investigations and no charge has been made; or

(c) a criminal trial has been concluded.