Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Kevin Foster and Neil Gray

3rd reading: House of Commons & Report stage: House of Commons
Wednesday 19th June 2019 Commons Chamber

[Kevin Foster]

The Delivery Authority and Sponsor Body will be required to adhere to any legislation that has been passed in this place. Members have touched on disability issues and heritage issues. The Bill also refers to environmental considerations. We are keen to ensure that this is not a question of one interest automatically trumping another. Heritage issues will not automatically trump disability issues, and disability issues will not automatically trump environmental issues. There will be a range of choices to be made by Sponsor Body members, and they will then be held to account by Members on their decisions and how the project is taken forward. We certainly know that not taking the project forward will not improve the environmental impacts of this Parliament—in fact, quite the opposite.

I turn to amendments on which there is more disagreement, starting with amendment 1, tabled by the hon. Member for City of Chester. As he rightly said, I made it clear in Committee that I see blacklisting as a scourge. It is an inappropriate and shameful practice. However, we have concerns about particular aspects of the amendment, even though we appreciate the intentions behind it.

Provision is already made in legislation against blacklisting. The Public Contracts Regulations 2015 already provide mechanisms by which the Delivery Authority will be able to look into the practices of prospective suppliers in relation to blacklisting. In particular, it is also open to the Delivery Authority to exclude a provider from participating in a procurement where it can demonstrate a violation of obligations in the field of national social and labour law. That would include a breach of anti-blacklisting legislation. I could go into the Employment Relations Act 1999 (Blacklists) Regulations 2010 in more detail, but I am sure the hon. Gentleman is very familiar with them.

It is a mandatory requirement for potential suppliers to declare that they have not breached any of the exclusion grounds, including labour law obligations. A completed declaration is also required of any organisations that potential suppliers may rely on to meet the selection criteria, including essential subcontractors. If a prospective supplier declares that they have been found to be in breach of the anti-blacklisting legislation by a court or tribunal, it would be reasonable for the contracting authority to ask to see details of the judgment.

The Government believe that the Bill provides mechanisms to address the concerns that the hon. Gentleman rightly raised. For example, it would be open to the Sponsor Body and Delivery Authority to make specific provision within the programme delivery agreement between the Sponsor Body and the Delivery Authority provided for in clause 4. Such provision could require construction companies to declare their policies on corporate social responsibility for the Delivery Authority to consider. Of course, whether such provision is made in the programme delivery agreement will be for the Sponsor Body and Delivery Authority to agree upon, but I am sure that members of the shadow Sponsor Board here today—including the right hon. Member for Alyn and Deeside—are listening carefully to the issues that he and other Members have raised.

While I understand the principle behind the amendment, the Government do not consider it necessary. We consider that the current legislative framework and the Bill’s provisions already include the necessary safeguards to ensure transparency, accountability to Parliament through the period of the parliamentary building works and ongoing scrutiny of the parliamentary building works. Parliamentary Committees will also have the opportunity to scrutinise works that are ongoing. While the Government cannot support the amendment, we believe many measures are in place that will allow us not only to tackle blacklisting but to ensure there is constant accountability to this place on the widest range of environmental, social and labour legislation, and to ensure that this project is an exemplar of them all.

I now turn to amendment 6 and the amendment from the Scottish National party and Plaid Cymru—amendment 4—which are on a similar theme of looking to spread the work across this United Kingdom. In many ways, I welcome the enthusiasm of the hon. Members for Airdrie and Shotts and for Perth and North Perthshire (Pete Wishart), the right hon. Members for Ross, Skye and Lochaber (Ian Blackford) and for Dwyfor Meirionnydd (Liz Saville Roberts) and the hon. Members for Aberdeen North (Kirsty Blackman) and for Glasgow North (Patrick Grady) in wanting to make this project one that really represents the whole Union, so that for generations to come and decades for come, Scottish Members of Parliament will be able to see in this House the symbols of being part of this Union Parliament.

Where I have concerns, sadly, is in how this amendment relates to procurement law. The Delivery Authority will need to create a level playing field as per the public procurement rules. Within these parameters, it is of course open to the Delivery Authority to encourage nations and regions across the UK to participate fully in and to benefit from the works processes. For example, the Delivery Authority may take steps to ensure that companies UK-wide are aware of the bids process by taking out advertising in regional media outlets and perhaps by doing roadshows, as Heathrow airport has done. However, in developing its procurement strategy and assessing bids, it would not be lawful to factor in the geographical location of companies. Adjusting the playing field in the way the amendment prescribes would, I am advised, expose the Delivery Authority to challenge under procurement law.

[Neil Gray]

I thank the Minister—well, I think I thank the Minister, who has just said he is not going to support my amendment—but this will not of course fall foul of procurement law, will it? There is no prescription here, and no quotas are set out. All the amendment does is to reiterate some of the comments that have been made by this Minister and previous Ministers and Leaders of the House that this will indeed be a UK-wide project with discernible benefits across the UK. Why on earth can a very wide-ranging amendment such as this not be enacted to guarantee the words of the Minister, unlike in the case of the Olympics, where that did not happen?

[Kevin Foster]

I thank the hon. Gentleman for his overall constructive intervention. The problem is where the amendment says

“in terms of contracts for works”,

which implies a change to how the Sponsor Body would assess procurement, and where it says

“and in any other way”,

which is an unusually wide statement to put in a piece of primary legislation and could in effect give the Delivery Authority and the Sponsor Body in particular very wide range to do things that may not have been the intention of this House. Unfortunately, while I appreciate the intention of amendment 4, it is not one that the Government can recommend the House to accept or support.

Parliamentary Buildings (Restoration and Renewal) Bill (Second sitting)

Debate between Kevin Foster and Neil Gray

Committee Debate: 2nd sitting: House of Commons
Tuesday 4th June 2019 Public Bill Committees

[Neil Gray (Airdrie and Shotts) (SNP)]

I thank the Minister for giving way. I remember that, when we published the Joint Committee report, there was some concern about the ambiguity of the Government’s position regarding restoration and renewal. It seems now that, with the former Leader of the House driving the project forward, the Government’s position has been more supportive. However, can the Minister understand the criticism being levelled at the Government? Not accepting a Treasury Minister on the Sponsor Body might well be seen as the Government once again trying to distance themselves and not being foursquare in support of the project?

[Kevin Foster]

It is safe to say that the Government fully support the project and will facilitate the will of the House to take it forward, hence the introduction of the Bill and the role played by the Leader of the House.

If we look at the structure of the Public Accounts Committee, technically a Treasury Minister is a member and gives a speech once a year which is a 10-minute statement of support for the audit process. If that Minister took part in the actual inquiries and the debates of the Public Accounts Committee, I do not think that would enhance its work, and I speak as a former member of that Committee. It could inevitably inject a party political element to its work. The Public Accounts Committee is very strong because it is seen as a resolutely cross-party body.

I do not think the Government’s position shows a lack of commitment. It shows our desire to have the Sponsor Body, the client, working towards instructions Parliament has given it. The Treasury will play a role in engaging, defending the taxpayers’ interests and providing comments, so that it can give a view when the House decides on the estimates process. It would be rather strange to say that Members would think it better for a Treasury Minister to be part of the body that they were commenting on, rather than being enabled on behalf of the Treasury to comment on the Sponsor Body’s work. Again, Members from the governing party will be on the body, and we can see the commitments we have made. The Government see clearly that there is a need to take forward restoration and renewal, and I think that Opposition Front Benchers take exactly the same view. Carrying on patching this place up is not an alternative, because each year the bills are getting bigger and bigger and the taxpayer is having to pay more and more to achieve a worse outcome. No Government would wish to endorse or support that.

I understand the reason for amendment 4, but the Government feel that it would be better were the Treasury to engage with the Sponsor Body through the clear relationship and link set out in the Bill. Treasury Ministers will be open to questions in the House about the Government’s work and commitment throughout the life of the project, rather than having to give a caveat, along the lines of, “Today I am answering as an HM Treasury Minister, but tomorrow I will be answering as a Sponsor Body member.” That would not sound or look right to me; it would create a conflicted role, or a position in which the Treasury Minister was almost an honorary member of the Sponsor Body, rather than taking part in its work in detail.

The Government’s strong preference is for the amendment not to be made. That does not in any way diminish the commitment and the strong links that the Treasury and Parliament will need to have with the Sponsor Body as it takes the project forward.

--- Later in debate ---

[Kevin Foster]

I welcome the spirit of the speech and the hon. Lady’s approach. From my perspective, we believe the Comptroller and Auditor General has a range of powers over this, and it is worth noting that the role he would play is specifically referred to in schedule 2 at the bottom of page 21, where, again, it says that the Comptroller and Auditor General “must” send a copy of the statement of accounts—it does not say “may”.

At this stage, including the amendment is not necessarily the approach I would suggest we adopt in this Committee, but certainly, once the Sponsor Body is up and running and has agreed on engagement with Parliament, it is almost unimaginable that, as a project having a large amount of public funds spent on it, it would not look for strong engagement from the Comptroller and Auditor General, and look, bluntly, to how its own existence came about. A strong Public Accounts Committee report was exactly what persuaded the House to support the decant option, against the arguments of several hon. Members who were not too fond of that option, but who understood the logic. Certainly what persuaded me to vote in a free vote for the full decant option was reading the Public Accounts Committee’s conclusions, which were based on the NAO’s work on which option would represent the best value for money. Making the amendment to the schedule at this stage might not be the most appropriate thing, but I am more than happy for us to take it away and reflect on the structure.

When it comes to agreeing the relationship between the Sponsor Body and Parliament, it is almost inevitable that we will need to consider closely the relationship with the Comptroller and Auditor General, especially in terms of when the estimates come forward. It would be hard to imagine that many Members of the House would not look to the quality of the assessment done by the Comptroller and Auditor General and then the conclusions the Public Accounts Committee has drawn in relation to his or her work.

[Neil Gray]

I note that the Minister referred earlier to a slightly different area, which was how the project could be beneficial across the United Kingdom. Perhaps this would be an opportunity for the Minister to reflect briefly on amendment 1.

--- Later in debate ---

[Kevin Foster]

I could not have put it better myself. We heard passionate speeches about ensuring that this is a Parliament for all; not only for Members with particular needs, but for those who want to come and be part of the democratic debate that happens here. We can be candid that the vast majority of our facilities are from another era, with regard to disability issues, and not just visible disabilities. The example was given of someone with a wheelchair trying to come through the doors of Portcullis House, or of a child with autism.

One of the most pleasurable experiences I have had here in the past few months—we have all had some perhaps not so pleasant experiences in this place over the past few months—was bringing a group from Combe Pafford School in my constituency, all of whom have autism, and thinking about how we could appropriately have a question and answer session and how we could see around the building. I must mention the look on one staff member’s face as we went on to the Terrace and I had to give the briefing that climbing on the wall was probably not the thing to do, given that on the other side is a straight trip to the Thames. However, the joy on those kids’ faces as they saw where I could hang my sword, where the Chamber is, where decisions are taken and when they got literally to stand where the Prime Minister stand when answering Prime Minister’s questions was an absolute joy to behold. Hopefully we will see more of that in the new building, as well as more accessibility.

I have been very clear that, although this might be a Royal Palace, there will not be Crown immunity from the standard rules on ensuring disabled access; there will be a requirement to consider the legal need to make reasonable adjustments. There will of course be challenges in a grade I listed building, where virtually every corner has history where something significant happened. We will have to balance that against what costs may be attached but also, like anywhere else, what reasonably should happen. We should aim not just to meet legal minimums, but to create an exemplar for accessibility, as was touched on.

[Neil Gray]

I am heartened to some extent by what the Minister is saying about his expectations for the accessibility of Parliament, but I am concerned, following discussions at various levels, that there will need to be compromises between heritage and accessibility. Surely if our Parliament is not accessible by all, it will struggle to be representative. How far does the Minister expect that the project needs to go to ensure that it complies and can be a fully representative Parliament building?

[Kevin Foster]

The details will come from the Sponsor Body, but I would expect, when public business is being transacted, that someone with a disability should reasonably be able to observe proceedings, hear them and be part of them. They should be able to get to the room concerned, and not by being taken up in a service elevator, which—let us be blunt— is one of the pretty basic arrangements we have had to make to allow some access into the current building.

However, as with other heritage projects, that must be balanced with the fact that, for example, those steps in the Great Hall of Westminster are where Charles I was sentenced to death—they are historic in their own right. There are parts of this building that would be incredibly difficult to alter, but we will not put ourselves on a special pedestal. We will have to make reasonable adjustments, based on the law that exists. I think that getting the maximum level of accessibility possible, while working within the inherent constraints of a grade I listed building, some of which dates back to the middle ages, is something that all hon. Members are passionate about.

I would not describe it as compromising; it is about ensuring that we can balance the needs in this building, so that heritage does not always trump disability and disability works within heritage. As the hon. Member for City of Chester will know, there are some amazing heritage buildings that have found some amazing solutions to provide access to heritage that was not possible before, without compromising its protection. Again, I think we all hope that this project will be the exemplar.

In paragraph 26 of schedule 1, the Sponsor Body is required to produce a report, and I would expect the report to cover matters such as how it is taking forward questions of disability as part of meeting its legal and moral duties. In terms of getting the expertise that hon. Members particularly wished to refer to, the Sponsor Body can establish committees and sub-committees in undertaking its work. Once the Bill has become an Act and the Sponsor Body has been established, it would be a sensible decision for it to look at establishing a committee on disability. Finally, if the Sponsor Body chooses, it can also look to enhance that work with those with outside interests. Although I fully appreciate and support the sentiments that the hon. Member for City of Chester has expressed, I do not think that introducing the new clause would not be appropriate, given what is already in the Bill.

Parliamentary Buildings (Restoration and Renewal) Bill (First sitting)

Debate between Kevin Foster and Neil Gray

Committee Debate: 1st sitting: House of Commons
Tuesday 4th June 2019 Public Bill Committees

[Kevin Foster]

I thank my hon. Friend for his intervention. We have outlined the position and, as I said, although we are not prepared to accept the amendment today, I am happy to have further conversations before Report. What is on the front page of the Bill is obvious, and few would doubt that that gives a clear indication of our intentions.

I turn to amendment 14, tabled by the hon. Member for Hackney South and Shoreditch. It is clear that we want the project to be delivered across the entire United Kingdom, with all companies and those who can bring skills and talents to the project able to do so. The clause establishes a Sponsor Body for the purpose of having overall responsibility for the parliamentary building works and sets out the duties placed on the body and a number of factors that it needs to have regard to in exercising its functions.

It is important to remember that the clause, as well as the Bill as a whole, establishes the necessary governance arrangements and accountability to oversee and deliver the parliamentary building works. While we wish to see such delivery, we ultimately believe that it is for the Sponsor Body to look at how best to achieve that, again with representation from Members who represent seats across the United Kingdom. I can look for example, at how we are doing other projects. There was a reference to Heathrow holding roadshows around the United Kingdom; I wish to see the Sponsor Body doing such engagements.

I guess that every Member of this House will be only too keen to let the Sponsor Body, and particularly its parliamentary members, know about opportunities for development of skills and creation of new crafts. We will have to balance that against some challenges. There is only a limited number of suppliers of certain heritage products; in some cases, there may be only one or two. I was given the example of bronze windows, which only two suppliers make today. I suggest that, at this stage, accepting the amendment would not be appropriate, but the Sponsor Body and Delivery Authority will need a strong regard to the desire that the project reflects the entire United Kingdom when contracts are being let. The Bill is about setting up the framework and the legal body that will look to deliver the contracts; it is not about agreeing those contracts and the programmes of work, which will be voted on by the House at a separate time.

[Neil Gray]

Is this not exactly the point at which we should be ensuring that this is a UK-wide project? I say, as a current member of the shadow Sponsor Body, that if this issue is left until further down the line, other cost or time pressures may be applied to the project, and the Sponsor Body may, for whatever reason, see this as being superfluous. Unless we do this right now at the outset, we may lose that element of opportunity.

[Kevin Foster]

While I thank the hon. Gentleman for his intervention, I do not agree. I have every confidence that the Sponsor Body will look for good value, and that will mean contracting with companies across the whole United Kingdom. We see this in the experience of other projects and major events. Of course, we can have confidence that the hon. Gentleman will be a strong voice in pushing the Sponsor Body, as he has been on the shadow body, to look at working across the United Kingdom. I suggest it is not appropriate to put such a requirement into the Bill at this stage.

Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Kevin Foster and Neil Gray

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 21st May 2019 Commons Chamber

[Kevin Foster]

I thank the hon. Gentleman for that passionate advert for the skills of residents in Ogmore. I have also heard from the Rhondda, from Bury St Edmunds, from Aldridge-Brownhills, from Bournemouth, from South Northamptonshire and everywhere else. The hon. Gentleman is right: one reason why I am keen to get on with this and get the Delivery Authority set up is that, as we saw with the Olympics in 2012, there will be benefits throughout the country. In 2012, businesses in his constituency and in mine benefited, either through the supply or through direct contracts. The right hon. Member for Alyn and Deeside made the point well that this project might be happening in London, but it should not be a London-centric project. I will certainly be keen to see us extending skills.

[Neil Gray]

The Minister speaks of his commitment to this not being a London-centric project. I am sure he will have already heard our proposals for a nations and regions capital fund, and I am sure that capital funding would be welcome in Devon and the south-west. Does he agree in principle with the idea of such a fund?

[Kevin Foster]

Of course, as the Bill progresses, the Government will be interested to hear all proposals that come forward. Let us consider the work that is already going on. For example, the cast-iron tiles on the Elizabeth Tower are being produced in the Sheffield area, and the tiles for the encaustic tile conservation project have been manufactured at a factory in Shropshire. There will be plenty of opportunities for businesses throughout these four nations that make up this United Kingdom to be part of a project that all nations will be able to look to over the coming decades.

Let me turn to the detail of the views expressed today. I shall start with the hon. Member for City of Chester (Christian Matheson), who opened the debate for the Opposition. I thank him for his constructive approach. He was an excellent stand-in for the shadow Leader of the House, the hon. Member for Walsall South (Valerie Vaz), whose name appears on the Bill in a sign of the consensus we have been able to achieve. I recognise some of his points about opportunities for skills and education arising from the work. It is about making sure that businesses know how to put themselves forward. There are plenty of models—for example, Heathrow airport is currently working on trying to spread its supply chain throughout the United Kingdom. I hope the Delivery Authority will be able to learn from that, although we need to get the thing set up, via the Bill, before it can.

My right hon. Friend the Member for Meriden (Dame Caroline Spelman) was an excellent Chair of the prelegislative scrutiny Committee. I pay tribute to the work that she and her Committee did to enable us to bring forward the Bill. She was right to highlight the fact that disability access in this building is from another era. The facilities reflect different attitudes to those with disabilities—not just in the visible examples, such as staircases that are hard or impossible for anyone with mobility issues to climb, but in those hidden aspects that make this building not the place for accessibility that it should be. Let us be blunt: we stand in the Chamber and argue that businesses and public services should be accessible, but we need to make sure that the building in which we do that arguing sets the bar, rather than just meeting a minimum standard.

As the right hon. Member for Alyn and Deeside said, it is interesting to hear the comments of the hon. Member for Perth and North Perthshire (Pete Wishart). To anyone who raises the potential for spending on this project, I say that the alternative is not to spend nothing. The alternative is to carry on with a make-do-and-mend process, which is not making do and which is not going to mend the place. Public money will still end up being spent in great amounts on this building, achieving worse outcomes. I would certainly reflect on the contrast between some of those remarks and the role that the hon. Member for Dundee East (Stewart Hosie) has played as part of the commission. Again, this is a choice about how we deal with the pressing issues of this building. There is no question of them not being dealt with at all.