Yes, thank you. I very much welcome the inquiry. I have a few points that, hopefully, might be useful. I've had the benefit of reading the committee paper on the inquiry into respect, and I'll give you the references to the paragraphs I'm talking about. But my initial point is that any revised dignity and respect policy should not apply to Members. The provisions for Members are already in the code of conduct, and there's a danger, unless whatever is in the dignity and respect policy replicates them, there'll be very minor differences, which will be exploited by some. If there's something in the new dignity and respect policy that's an improvement on what's in the code of conduct, then I would urge the committee to amend the code of conduct to make sure they're aligned. But the easiest way is simply to say that any new dignity and respect policy doesn't apply to Members, although I appreciate there might be presentational difficulties in doing that.
In paragraph 10 of the committee paper, there is reference to the possibility of a separate code and process for sexual harassment cases against Members. I don't think that is a good idea for a number of reasons. First, the number of cases against Members in Wales is, fortunately, very small, and I say that even allowing for the undoubted under-reporting. I'm sure there are instances of misconduct that are not reported. Any separate process for dealing with dignity and respect would, I think, be very similar to the process that we now have for complaints, and, again, if there were improvements to the system that could be identified, they should be made to the complaints procedure that we already have, rather than having a separate process that many will find confusing.
Your paper already draws attention to the possible difficulties of disputes and delay while people argue about which code something should be investigated under. And my fourth reason for opposing this is the question of where the experienced staff, who are to operate this new system, would come from. Because of the small number of complaints, I doubt very much that they could be full-time staff, because what would they do with the 90 per cent of their time when they weren't dealing with this? So, I just think, as a whole, it's a bad idea.
There was discussion in your paper about my suggestion that I might employ an assessor in sexual misconduct cases. I've been thinking about that and taking it a little further, and whether it's an assessor with experience in these matters or an investigator with experience in these matters I think is something to be considered. Whether it was an assessor or an investigator—. Sorry, if it was an investigator, they would carry out the investigation under the direction of the commissioner, as happens in some cases, as I understand it, in the House of Commons, and I believe that that person could quite properly interview witnesses. Indeed, the paper—I forget in which paragraph—suggests that that hasn't ever been done in Wales; I don't think that's right. I'm aware of one case during my tenure where Jonathan Thomas interviewed a person on my behalf, and there are many other cases where he's gathered evidence on my behalf in writing. I think, even if it was a formal interview under section 11 of the Measure, that investigator could still ask questions, because if the person refused to answer on the basis that the person wasn't authorised to ask it, the commissioner would simply ask to repeat the question. But that's a matter on which you will no doubt have a view.
I would say, though, that the idea that bringing in someone with expertise in these matters would be a silver bullet is not right. It's not just about who conducts the interview and their experience, it's about the location used for the interview. In the one case that I've had to deal with, I had to use my office in the Pierhead building, where paint is peeling off the wall, the windows rattle and it's equipped with rather tatty office furniture. Now, when you compare that with the facilities that the police use to interview vulnerable witnesses, there is simply no comparison. I've raised this issue with the Commission on a number of occasions, but, to date, have had no satisfactory response. And if it's the outcome of the committee's inquiry that the commissioner remains responsible for dealing with sexual misconduct complaints, I see no option but for me to look for alternative premises outside the Senedd estate.