Procurement Bill [HL]

Debate between Lord Hope of Craighead and Lord Wallace of Saltaire

Committee stage
Monday 4th July 2022 Grand Committee

[Lord Wallace of Saltaire (LD)]

My Lords, I do not want to prolong the debate. I must say that, having spent the weekend worrying whether I was thick-headed in not understanding the concept of a covered contract, I am relieved to discover that I am by no means alone. In a different tone, we on the Liberal Democrat Benches are very grateful to the Minister for the extremely helpful briefing we had today on the digital platform. That is precisely the sort of relationship we should have as we approach a Bill such as this one.

The Minister should remember that, while the Government are having their own consultations with outside interests, we are doing the same, with rather fewer staff. We have had some very helpful conversations over the past two weeks with various outside interests and groups, and will continue to have others. But, of course, we have had no opportunity to discuss with them the implications of the latest amendments which the Government have tabled. Some 60% of the current amendments are government amendments, and a minority come from outside the Government.

We have heard so far that this Committee is in no sense convinced that Amendment 1 is necessary. We have all struggled to understand why the Government have introduced all these amendments, and some of us have struggled with various other concepts in the Bill. I am grateful to the officials who explained the concept of dynamic markets to me; I am still not entirely sure that I understand the difference between a centralised contracting authority and a contracting authority, and we have tabled an amendment on that. These things are important in getting the Bill through. It takes time and it takes sympathy between the Government and those trying to scrutinise the Bill. As the first House to do this, we are now clearly in some difficulty over where we have got to.

[Lord Hope of Craighead (CB)]

My Lords, I want to raise a question about the wording of the definition in Amendment 1. I am troubled by the word “covered”. It does not spring off the page as an explanation in itself as to why there is a distinction between procurement pure and simple and this other procurement, described as “covered”. Having looked at the language in paragraphs (a) and (b), I think the obvious word to choose in paragraph (b) is “public” procurement. However, having listened to the analysis of the noble Lord, Lord Lansley, I am doubtful as to whether that distinction is what the definition seeks to describe. But if it is not doing that, and the word “public” would be wrong, is it not possible to find a more obvious word than “covered”?

The choice of language is crucial in a definition clause. It ought to be possible for the reader to take from the definition an immediate explanation as to why there is a distinction between the types of procurement in paragraphs (a) and (b). If it is necessary to go through the hoops that the noble Lord, Lord Lansley, did, I wonder whether it is possible to achieve anything sensible by ordinary language—which is a reason to say it might be better not to have the definition at all. However, if the definition is thought to be necessary, please could a better word than “covered” be found, so that the definition helps us, at the beginning of this complex Bill, to truly understand the distinction between paragraphs (a) and (b)?

Government: Ministerial Changes

Debate between Lord Hope of Craighead and Lord Wallace of Saltaire

Monday 18th July 2016 Lords Chamber

[Lord Wallace of Saltaire (LD)]

My Lords, from these Benches I pay a warm and special tribute to the noble Baroness, Lady Stowell. She and I first worked closely together on the Bill to which the noble Baroness, Lady Smith of Basildon, referred, the Marriage (Same Sex Couples) Bill in 2013. I certainly remember very well the evening when she tackled what was a difficult issue with great humour and was able to explain it in a way which, at the end of the day, everyone understood. It received Royal Assent three years ago last week. That was a productive and friendly working relationship, and one that continued not only during our time together in government, when I served as her deputy as Deputy Leader of the House, but since the general election last year when, although on opposite sides of your Lordships’ House, we still had to meet regularly, always with cordial co-operation, albeit that we did not always agree.

The skill that the noble Baroness demonstrated in steering that Bill through the House and dealing with the many difficult issues during her time as a Minister in the Department for Communities and Local Government put her in good stead to lead your Lordships’ House. During her tenure as Leader, the noble Baroness constantly looked to see how we could improve the ways in which we operate to ensure that we are as effective as possible in how we conduct ourselves—as has been said, it is never easy. I know from our many conversations that she was ever mindful of trying to safeguard the reputation of your Lordships’ House, particularly when we are understandably under so much public scrutiny.

The noble Baroness also recognised some of the shortcomings of our domestic governance arrangements and set up a working group under the direction of the noble Baroness, Lady Shephard of Northwold, to review and make recommendations for new ways of working. The final Motions to put those changes into effect are due to be put before the House on Thursday, and I am sure these new structures will serve as a lasting legacy to the work of the noble Baroness, Lady Stowell, and her determination to ensure that this House always looks to improve itself and to be the best it can be.

I also take the opportunity to welcome the noble Baroness, Lady Evans of Bowes Park, to the role of Leader of the House. She takes on this role at a momentous time for our country as the Government negotiate our withdrawal from the European Union. I know your Lordships’ House will take a keen and particular interest in these negotiations as they progress, and I am sure the weight of experience in this House and the very valuable work done by our European Union Committee will be of assistance to her as she represents our House in government.

When I welcomed the noble Baroness, Lady Stowell, to her role as Leader on 15 July 2014, I noted that later that afternoon she would have to attend her first meeting of the House Committee. The noble Baroness, Lady Evans, will have to wait a bit longer for that particular perk of office—it will be tomorrow afternoon. Indeed, when I saw on today’s Order Paper the Motion substituting the noble Baroness, Lady Evans, for the noble Baroness, Lady Stowell, on a whole range of committees, I recalled that when I succeeded my noble friend Lord McNally as leader of the Liberal Democrat Peers, the previous Chairman of Committees moved a similar Motion and said that he did so with commiseration. Aspiring candidates to succeed me on these Benches may wish to take note.

I look forward to working with the noble Baroness, Lady Evans, for a few more weeks still, and wish her the best of luck in her new role as Leader of Your Lordships’ House.

[Lord Hope of Craighead (CB)]

My Lords, on behalf of my colleagues on the Cross Benches, I, too, associate myself with the warm and well-deserved tributes that have been paid to the noble Baroness, Lady Stowell, and wish her well as she returns, as I am sure she will, to the Back Benches. Like others in the House, I confess to having been taken aback by the speed of events last week. The first indication I had that she was no longer to be Leader and Lord Privy Seal was when I arrived at her office at midday on Thursday for one of my regular fortnightly meetings with her to be told for the first time ever by one of her secretaries that she was too busy to see me. Unexpectedly, the meeting had had to be cancelled. As I returned down the corridor to walk back to my office, the expression on the faces of various people whom I passed who already knew more than I did suggested that there was much more to it than that. The sadness at what was happening was very evident.

I know from my many meetings with her during the past year in my capacity as Convener, which I very much valued, how much she cared for this House. Her sudden departure has meant that some of the things that she wished to do will have been left undone, but she has done much, as the noble Lord, Lord Wallace, said, to promote and carry through fundamental reform of the committee structure by which the business affairs of the House are to be governed, and that can indeed be regarded as her legacy. She brought home her concern for the traditions and customs of the House to me on a personal level, too. On several occasions, when it seemed to her that I had said or done something that was not quite right, she was quite candid—to adopt the adjective used by the noble Baroness, Lady Smith. She would tick me off. I can assure your Lordships that this was always done with a smile on her face, in the most tactful manner. As a newcomer to the arcane arts which I have now to perform on behalf of my colleagues on these Benches, I valued those gentle reminders, and I was grateful for her guidance and encouragement. They were a reminder to me, too, of how much she cared for the traditions and best interests of this House. We wish her well and look forward to the contribution that she can certainly make to our work in the future.

I take this opportunity to welcome most warmly to her very important role the noble Baroness, Lady Evans of Bowes Park. She brings to its responsibilities a very evident spirit of energy and enthusiasm—and, dare I say it, unusually for a Member of this House, she has youth on her side, too. These are challenging times, when those qualities will be much needed. On behalf of the Cross-Bench group, I look forward very much to working with her in my capacity as Convenor, and I wish her all success as she enters into the duties of her office.