Construction Sector: Cash Retentions

Debate between Lord Offord of Garvel and Lord Greenhalgh

Monday 11th December 2023 Lords Chamber

[Lord Offord of Garvel (Con)]

I thank the noble Lord for that question. Indeed, this has been the practice in the building industry for 150 years; it is the standard mechanism to ensure that work is done on time and to the right standard. There is about £4 billion held in cash retentions against a total turnover in the construction industry of about £430 million, so, guess what, that works out at 1%, which is roughly the margin in construction. Various plans have been put forward: there was a plan for insurance, but that did not work because of the Carillion failure and Grenfell Tower, and there have been various plans such as a retention deposit scheme in escrow. We have consulted the building industry, and there is a level of support for banning retentions and a level of support for not changing the system. The construction industry needs to come together and work out how to do this better.

[Lord Greenhalgh (Con)]

My Lords, does my noble friend the Minister accept that this is not a time to assume that the status quo is good enough? The noble Lord, Lord Stunell, is absolutely right: what we see is the big players squeezing the supply chain, and the result is often that the smaller players benefit not one penny and the big players do profit. I pay tribute to the noble Lord, Lord Aberdare, who, when I was in the hot seat, was pushing on cash retentions. We need to do something about this. It is very similar to when we rent a home: the landlord does not get his hands on the deposit; it is held, essentially, at a distance from the landlord who is renting the home. We need to change the system. Does my noble friend also agree that we need to improve the quality of construction? After all, that is something that needs to get better, and then we would not have to worry about retentions.

[Lord Offord of Garvel (Con)]

I thank my noble friend for that contribution. The Reporting on Payment Practices and Performance Regulations 2017 require the larger UK companies to report on a half-yearly basis on payment practices, policy and performance. The onus is increasing on them around transparency. The sector welcomes increasing reporting regulations. Build UK, the leading construction trade body, has been benchmarking construction companies on their payments since 2018, and improvements have been considerable. In 2018, the average time for paying invoices was 45 days, and it is now 32 days; the figure for invoices paid within agreed terms is now 82%, versus 61%, and for invoices paid within 60 days it is now 95% versus 82%. That shows that the construction industry can work positively in this area.