Oral Answers to Questions

Debate between Alex Burghart and Baroness Laing of Elderslie

Thursday 7th September 2023 Commons Chamber

[Alex Burghart]

We discussed this at length on 22 June, when it was said that if the hon. Lady were to look at the resignation honours list of the former right hon. Member for Uxbridge and South Ruislip, she will see many people who conducted a great deal of public service and deserved to have that service recognised. We have not yet seen the list of the right hon. Member for South West Norfolk (Elizabeth Truss), but it is worth remembering that people who are honoured in our system have often contributed greatly to our country.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Before we proceed, the House may wish to join me in wishing the Minister a happy birthday.

[Alex Burghart]

Thank you, Madam Deputy Speaker. What nicer way to spend one’s 28th birthday? Alas, I am not 28.

--- Later in debate ---

[Alex Burghart]

I was trying to glimpse the British border target operating model within that question. The Government have taken a range of measures in order to help bring down the cost of living for people, notably the very considerable help we have given people with the cost of fuel.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

[Nick Thomas-Symonds (Torfaen) (Lab)]

Thank you, Madam Deputy Speaker; it is great to see you in the Chair so early in the day. Members will be aware that the Government attempted to sneak out in the summer that announcement about the utter chaos they have created over the border target operating model. I say to the Minister that inflation is of central relevance to this matter, because the cat is out of the bag. The Government’s own document concedes that these measures, when introduced, will have an impact on inflation and will make the cost of food even higher. Can the Minister set out what assessment has been made of the wasted money and the cost to taxpayers and businesses as a result of the Government’s chaos on this issue?

--- Later in debate ---

[Alex Burghart]

I hope the hon. Gentleman is not suggesting that people can only vote if they have a passport or driver’s licence. If he does not know that that is untrue, he now does. We have had a widespread publicity campaign to ensure that people understand the identity requirements at elections. At the local elections, despite considerable scaremongering from Opposition parties, the disruption was minimal.

[Madam Deputy Speaker (Dame Eleanor Laing)]

That concludes questions. I pause for a moment to allow the change of dramatis personae on the Front Bench—there is quite a lot of movement this morning.

Procurement Bill [Lords]

Debate between Alex Burghart and Baroness Laing of Elderslie

Report stage
Tuesday 13th June 2023 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 1—Removal from the procurement supply chain of physical surveillance equipment produced by companies subject to the National Intelligence Law of the People’s Republic of China—

“(1) Within six months of the passage of this Act, the Secretary of State must publish a timeline for the removal from the Government’s procurement supply chain of physical surveillance equipment produced by companies subject to the National Intelligence Law of the People’s Republic of China.

(2) The Secretary of State must lay the timeline before Parliament.”

New clause 9—Application of this Act to procurement by NHS England—

“(1) Omit sections 79 and 80 of the Health and Care Act 2022.

(2) For the avoidance of doubt, the provisions of this Act apply to procurement by NHS England.”

This new clause includes the NHS under this Act and procurement by NHS England under the Health and Care Act 2022.

New clause 10—Tax transparency—

“(1) This section applies to any covered procurement for a public contract with an estimated value of £5 million or over.

(2) When assessing tenders under section 19 or awarding a contract under section 41 or 43, a contracting authority must require the submission of a tax report where a supplier is a multi-national supplier.

(3) Where a multi-national supplier fails to submit a tax report, a contracting authority must exclude the supplier from participating in, or progressing as part of, the competitive tendering procedure.

(4) Subject to subsection (5), a contracting authority that enters into a contract with a multi-national supplier must publish a copy of the tax report—

(a) if the contract is a light touch contract, before the end of the period of 120 days beginning with the day on which the contract is entered into;

(b) otherwise, before the end of the period of 30 days beginning with the day on which the contract is entered into.

(5) Where a copy of a contract is by virtue of regulations under section 95 published under section 53(3) on a specified online system, the tax report relating to that contract must be published on the same specified online system—

(a) if the contract is a light touch contract, before the end of the period of 120 days beginning with the day on which the contract is entered into;

(b) otherwise, before the end of the period of 30 days beginning with the day on which the contract is entered into.

(6) A ‘multi-national supplier’ is a supplier with two or more enterprises that are resident for tax purposes in two or more different jurisdictions.

(7) A ‘tax report’ means a report setting out—

(a) the income booked in the UK,

(b) the profit before tax attributable to the UK,

(c) the corporate income tax paid on a cash basis in the UK,

(d) the corporate income tax accrued on profit/loss attributable to the UK, and

(e) any other information specified in regulations under section 95

for the multinational supplier.

(8) A Minister of the Crown may by regulations amend this section for the purpose of changing the financial threshold.”

This new clause would require large multinational corporations bidding for a public contract to provide information about their Income booked in the UK, their profit before tax attributable to the UK, their corporate income tax paid on a cash basis in the UK and their corporate income tax accrued on profit/loss attributable to the UK, and that information to be published.

New clause 11—Public interest—

“(1) Where a contracting authority is considering outsourcing public services that are at the time of consideration delivered in-house or where contracts are due for renewal, the contracting authority must demonstrate that they have considered whether outsourcing or re-contracting provides greater public value than direct service provision.

(2) As part of the duty in subsection (1), the contracting authority should demonstrate that it has assessed the potential benefits and impact of outsourcing the service in question against a public sector comparator with assessments being based on criteria to be set by the Secretary of State, including taking a five year consideration of—

(a) service quality and accessibility;

(b) value for money of the expenditure;

(c) implications for other public services and public sector budgets;

(d) resilience of the service being provided;

(e) implications for the local economy and availability of good work in relevant sub-national labour markets;

(f) implications for public accountability and transparency;

(g) effect on employment conditions, terms and standards within the provision of the service to be outsourced and when outsourced;

(h) implications for public sector contributions to climate change and environmental targets;

(i) implications for the equalities policies of the contracting authority and compliance with the public sector equality duty.

(3) The contracting authority and the supplier of the outsourced service must monitor the performance of any contracted service against the public interest test and the stated objectives set by the contracting authority pre-procurement to demonstrate that outsourcing the service in question has not resulted in a negative impact on any of the matters mentioned in subsection (2)(a) to (i).

(4) The Secretary of State must from time to time set budget thresholds for when a public interest test would be required.”

The new clause would create a process to ensure that contracting authorities safeguard the public interest when considering whether or not to outsource or recontract services.

New clause 12—Protection of subcontractors’ payments under construction contracts—

“(1) A project bank account must be established for the purpose of subsections (2) to (4) in accordance with the following requirements—

(a) the account must be set up by the contracting authority and the contractor under a construction contract as joint account-holders;

(b) the monies in the account are held in trust by the contracting authority and contractor as joint trustees;

(c) the contracting authority must deposit in the account all sums becoming due to the beneficiaries and any disputed sums must remain in the account until the dispute is resolved and any retention monies remain in the account until they are released to the beneficiaries;

(d) due payments from the account must be made to all beneficiaries simultaneously; and

(e) the beneficiaries include—

(i) the contractor;

(ii) all subcontractors where the value of each subcontract is at least 1% of the value (excluding VAT) of the construction contract entered into between the contracting authority and the contractor; and

(iii) any other subcontractor which has specifically requested that its payments be discharged through the account.

(2) Subsections (3) and (4) have application to construction contracts having a value in excess of £2 million (excluding VAT).

(3) Not later than 30 days after entering into a construction contract a contracting authority must ensure that a project bank account is in place.

(4) In the event that a contracting authority fails to comply with this subsection the construction contract ceases to be valid and may not be enforced by either party.

(5) The Secretary of State must provide statutory guidance on the operation of project bank accounts to ensure that such operation is standardised amongst all contracting authorities.

(6) Subsections (7) to (10) apply where retention monies are not protected within a project bank account.

(7) The contracting authority must establish a retention deposit account with a bank or building society which fulfils the requirements of subsection (1)(a) and (b).

(8) On each occasion that retention monies are withheld the contracting authority must lodge them within the retention deposit account and maintain a record of the names of each subcontractor having contributed to the withheld monies and the amount of the monies contributed by each.

(9) Subject to subsection (10), not later than 30 days after the date of handover of each subcontracted works at least 50% of the withheld retention monies must be released, and not later than the date which is 12 months from the date of handover of each subcontracted works the balance of the retention monies must be released.

(10) A contracting authority has a right of recourse to subcontractors’ retention monies but such right is limited to any subcontractor which is in default of its subcontract in having delivered works which are defective and in breach of the subcontract.

(11) Paragraphs (9) and (10) also apply where retention monies are protected in a project bank account.

(12) Non-compliance with subsections (6) to (11) renders any entitlement to withhold retention monies in a construction contract or subcontracts of no effect.

(13) Subsections (6) to (12) do not affect the right of any subcontractor to pursue recovery of any outstanding or wrongfully withheld retention monies against its other contracting party.

(14) The Secretary of State must provide statutory guidance on the operation of retention deposit accounts to ensure such operation is standardized amongst all contracting authorities.

(15) Any dispute under this section is referrable to adjudication in accordance with section 108 of the Housing Grants, Construction and Regeneration Act 1996.

(16) The Secretary of State must carry out a review of the operation of this section within 5 years of it coming into force.

(17) In this section—

“bank” has the meaning given to it in section 2 of the Banking Act 2009;

“building society” has the meaning given to it in section 119 of the Building Societies Act 1986;

“contractor” is the party engaged under a construction contract with a contracting authority;

“construction contract” has the meaning given to it in section 104, Housing Grants, Construction and Regeneration Act 1996;

“handover of each subcontracted works” signifies the date when the works as defined in each subcontract are substantially complete;

“project bank account” is an account set up with a bank or building society which has the requirements listed in subsection (2);

“retention monies” mean a proportion of monies withheld from payments which would otherwise be due under a construction contract, subcontract or any ancillary contract the effect of which is to provide security for the current or future performance by the party carrying out the works;

“subcontract” and “subcontractor” includes sub-subcontracts and sub-subcontractors.”

This new clause ring-fences monies due to subcontractors in construction supply chains through mandating use of project bank accounts and ensuring retention monies are safeguarded in a separate and independent account.

New clause 13—Dependence on high-risk states—

“(1) The Secretary of State must within six months publish a plan to reduce the dependence of public bodies upon goods and services which originate in whole or in part in a country considered by the United Kingdom as a high risk sourcing country.

(2) For the purposes of this section, a country is considered a high risk sourcing country by the United Kingdom if it is defined as either a systemic competitor or a threat in the latest Integrated Review of Security, Defence, Development and Foreign Policy.”

New clause 14—Procurement and human rights—

“(1) A contracting authority may apply a policy under which it does not contract for the supply of goods, services or works from a foreign country or territory based on the conduct of that foreign country or territory relating to human rights, provided that—

(a) the contracting authority has a Statement of Policy Relating to Human Rights, and

(b) that statement of policy is applied consistently and not specifically to any one foreign country or territory.

(2) Within six months of the passage of this Act, the Secretary of State must publish, and lay before Parliament, guidance on the form, content and application of Statements of Policy Relating to Human Rights for the purposes of subsection (1).

(3) Contracting authorities must have regard to the guidance published under subsection (2) when applying a policy in accordance with subsection (1).”

This new clause would enable public authorities to choose not to buy goods or services from countries based on their human rights record. They would not be able to single out individual nations to apply such a policy to, but would have to apply it consistently, and in accordance with guidance published by the Secretary of State.

New clause 16—Eradicating slavery and human trafficking in supply chains—

“(1) The Secretary of State must by regulations make such provision as the Secretary of State thinks appropriate with a view to eradicating the use in covered procurement of goods or services that are tainted by slavery and human trafficking.

(2) The regulations may, in particular, include—

(a) provision as to circumstances in which a supplier is excluded from consideration for the award of a contract;

(b) provision as to steps that must be taken by contracting authorities for assessing and addressing the risk of slavery and human trafficking taking place in relation to people involved in procurement supply chains;

(c) provision as to matters for which provision must be made in contracts for goods or services entered into by contracting authorities, including mandating or enabling the use of forensic supply chain tracing.

(3) In this section— “forensic supply chain tracing” is the process of using forensic techniques to track the movement of goods and services through a supply chain; “slavery and human trafficking” has the meaning given by section 54(12) of the Modern Slavery Act 2015; “tainted”: goods or services are “tainted” by slavery and human trafficking if slavery and human trafficking takes place in relation to anyone involved in the supply chain for providing those goods or services.”

New clause 17—Food procurement—

“(1) A public contract which includes the supply of food must include provisions ensuring that the supply of food under that contract—

(a) is aligned with the Eatwell Guide, and

(b) includes options suitable for a plant-based diet.

(2) The ‘Eatwell Guide’ is the policy tool used to define government recommendations on eating healthily and achieving a balanced diet published by Public Health England on 17 March 2016, as updated from time to time.”

This new clause would require public contracts for the supply of food to be aligned with current nutritional guidelines and to include plant-based options.

Amendment 14, in clause 2,  page 2, line 15, after “funds,” insert “including the NHS,”.

This amendment includes the NHS in the definition of a public authority for the purposes of this Act.

Government amendments 19 and 20.

Amendment 60, in clause 13, page 10, line 11, at end insert—

“(3A) When the Minister lays the statement before Parliament, the Minister must also lay before Parliament a report which sets out—

(a) the Secretary of State’s assessment of the impact of the statement on meeting environmental and climate targets,

(b) the steps the Secretary of State has taken or intends to take in relation to procurement to support the meeting of those targets.”

This amendment would require the Secretary of State to explain in a report laid before Parliament the Government’s assessment of the impact of the national procurement policy statement on meeting environmental and climate targets and to set out any intended steps in relation to the meeting of those targets.

Amendment 4, in clause 19, page 13, line 31, at end insert—

“(aa) must disregard any tender from a supplier that does not guarantee the payment of at least the Real Living Wage to all its own employees and contracted staff and those of any sub-contractors;”

This amendment, together with Amendments 5 to 8, is designed to ensure that no public contract can be let unless the supplier guarantees the payment of the Real Living Wage to all those involved in the delivery of the contract.

Amendment 5, in clause 41, page 28, line 26, at end insert—

“(3A) A contracting authority may not award a contract under this section to a supplier that does not guarantee the payment of at least the Real Living Wage to all its own employees and contracted staff and those of any sub-contractors.”

See explanatory statement to Amendment 4.

Amendment 1, in clause 42, page 29, line 14, at end insert—

“(3A) Provision under subsection (1) must not confer any preferential treatment on suppliers connected to or recommended by members of the House of Commons or members of the House of Lords.”

This amendment is intended to prevent the future use of “VIP lanes” for public contracts.

Government amendments 21 to 23.

Amendment 6, in clause 43, page 30, line 3, at end insert—

“(5A) A contracting authority may not award a contract under subsection (1) to a supplier that does not guarantee the payment of at least the Real Living Wage to all its own employees and contracted staff and those of any sub-contractors.”

See explanatory statement to Amendment 4.

Amendment 2, in clause 44, page 30, line 16, at end insert—

“(4) Any Minister of the Crown, Member of Parliament, Member of the House of Lords or senior civil servant involved in recommending a supplier for a contract under section 41 or 43 must make a public declaration to the Cabinet Office of any private financial interest in that supplier within 10 working days.”

This amendment would implement a recommendation by the National Audit Office that any contracts awarded under emergency provisions or direct awards should include transparency declarations.

Amendment 7, in clause 45, page 31, line 6, at end insert—

“(aa) permit the award of a public contract to a supplier that does not guarantee the payment of at least the Real Living Wage to all its own employees and contracted staff and those of any sub-contractors.”

See explanatory statement to Amendment 4.

Government amendments 24 to 30.

Amendment 61, in clause 58, page 40, line 38, leave out paragraph (c).

This amendment would remove provision allowing a contracting authority to have regard to commitments to prevent circumstances giving rise to the application of an exclusion ground from occurring again when considering whether a supplier should be excluded.

Amendment 62, page 40, line 41, leave out paragraph (e).

This amendment would remove provision allowing a contracting authority to have regard to evidence, explanations or factors not specified elsewhere in the clause when considering whether a supplier should be excluded.

Amendment 63, page 41, line 8, leave out subsection (3).

This amendment removes clause 58 (3), which limits the ability of a contracting authority to require whatever evidence is necessary to make their assessment about whether a supplier is reliable.

Government amendments 31 to 50.

Amendment 17, in clause 68,  page 49, line 15, at end insert—

“(10A) Within a year of the passage of this Act, the Secretary of State must prepare, publish and lay before Parliament a report on the effectiveness of this section in ensuring prompt payment of small and medium-sized enterprises.

(10B) Not later than 6 months after the report has been laid before Parliament, a Minister of the Crown must make a motion in the House of Commons in relation to the report.”

This amendment would require the Government to report to Parliament on the effectiveness of this section in ensuring prompt payment of SMEs.

Amendment 68, in clause 71,  page 51, line 11, at end insert—

“(6A) When a planned procurement notice is published under section 15 or a tender notice is published under section 21, the contracting authority must include a statement of the outcomes which the contract is intended to achieve.

(6B) The contracting authority must commission an independent evaluation of whether each contract delivered the outcomes mentioned in subsection (6A), unless the contract is excluded by regulations under subsection (6D).

(6C) An evaluation under subsection (6B) must—

(a) be performed by an independent body in accordance with UK Government Evaluation Standards, and include a clear recommendation on whether similar further public contracts should be begun, renewed or extended;

(b) be commissioned in time to be completed within six months of contract termination, renewal or extension;

(c) be published in full by the contracting authority immediately it is received from the independent external body.

(6D) The Secretary of State may by regulations specify types of contracts that do not require independent evaluations under subsection (6B).

(6E) Where the independent evaluation under subsection (6B) recommends that similar public contracts should not be begun, extended or renewed, any contracting authority which nonetheless intends to do so must publish its reasons not less than 30 days before the agreement is begun, extended or renewed.”

Government amendments 51 to 55.

Amendment 13, page 78, line 12, leave out clause 119.

Amendment 8, in clause 122, page 82, line 5, at end insert—

“‘Real Living Wage’ means the hourly wage rates for London and for outside London calculated annually by the Resolution Foundation and overseen by the Living Wage Commission (or their successor bodies);”.

This amendment inserts a definition of the Real Living Wage for the purposes of Amendments 4 to 7.

Government amendment 56.

Amendment 64, in schedule 6, page 106, line 7, at end insert

“or an offence under section 86, 88 or 92 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.”

This amendment is intended to ensure that the full range of criminal offences for money laundering are properly captured for the purposes of exclusion from public procurement.

Amendment 65, page 106, line 12, leave out “or 6” and insert ”, 6 or 7”.

This amendment includes the failure of commercial organisations to prevent bribery as an offence which is a mandatory exclusion ground.

Amendment 66, page 106, line 14, at end insert—

18A An offence under Schedule 3 of the Anti-Terrorism, Crime and Security Act 2001 (sanctions evasion offences).”

This amendment is intended to make criminal offences for sanctions evasion grounds for mandatory exclusion from public procurement.

Government amendment 57.

Amendment 15, page 110, line 12, at end insert—

“National security

42A A mandatory exclusion ground applies to a supplier if a decision-maker determines that the supplier or a connected person poses a threat to the national security of the United Kingdom.”

This amendment would move national security from among the discretionary exclusion grounds in Schedule 7 to the mandatory exclusion grounds in Schedule 6.

Government amendment 58.

Amendment 18, in schedule 7, page 113, line 2, at end insert—

“1A A discretionary exclusion ground applies to a supplier if a contracting authority determines that a supplier, within a year leading to the date of tender—

(a) has been found by an employment tribunal or court to have significantly breached the rights of an employee or worker engaged or formerly engaged by it with one or more aggravating features, or has admitted to doing so; and

(b) has not conformed with applicable obligations in the fields of environmental, social and labour law established by national law, collective agreements or international environmental, social and labour law provisions; and

(c) has not taken steps to rectify the situation through—

(i) paying or undertaking to pay compensation in respect of any damage caused by the breach of rights; and

(ii) clarifying the facts and circumstances in a comprehensive manner by actively collaborating with any relevant employment tribunal or court process and the parties thereto; and

(iii) taking concrete technical, organisational and personnel measures appropriate to prevent further breaches of rights of a similar kind.

1B In making a decision on whether a discretionary exclusion ground applies to a supplier under paragraph 1A, a contracting authority must—

(a) evaluate the adequacy of any action taken by the supplier in accordance with sub-paragraph (c) of that paragraph, taking into account the gravity and particular circumstances of the breach or breaches of rights, and

(b) make reasonable provision for the employer and the employee or worker concerned to make representations, which may be made by agreement by a trade association or trade union.”

This amendment would give contracting authorities the discretion to exclude suppliers who have significantly and repeatedly breached the rights of staff in the last year unless they have “self-cleansed”.

Amendment 67, page 113, line 17, at end insert—

“Financial and economic misconduct

3A A discretionary exclusion ground applies to a supplier if the decision-maker considers that there is sufficient evidence that the supplier or a connected person has engaged in conduct (whether in or outside the United Kingdom) constituting (or that would, if it occurred in the United Kingdom, constitute) any of the following offences—

(a) an offence under section 327, 328 or 329 of the Proceeds of Crime Act 2002 (money laundering offences);

(b) an offence under section 86, 88 or 92 of the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017;

(c) an offence under Schedule 3 to the Anti-terrorism, Crime and Security Act 2001 (sanctions evasion offences);

(d) an offence under section 2, 3, 4, 6 or 7 of the Fraud Act 2006 (fraud offences);

(e) an offence under section 993 of the Companies Act 2006 (fraudulent trading);

(f) an offence under section 1, 2, 6 or 7 of the Bribery Act 2010 (bribery offences).”

This amendment is intended to allow relevant Ministers and Contracting Authorities the power to exclude suppliers from procurement where they have evidence of financial and economic criminal activity, such as fraud, money laundering, bribery or sanctions evasion, but there has not yet been a conviction by a court.

Amendment 16, page 116, line 6, at end insert—

“Sanctions offences

14A(1) A discretionary exclusion ground applies to a supplier if the decision-maker considers that the supplier or a connected person has engaged in conduct constituting—

(a) An offence established in any regulations made under Part 1 of the Sanctions and Anti-Money Laundering Act 2018;

(b) An offence established under Part 5 of the Customs and Excise Management Act 1979.

(2) A discretionary exclusion ground applies to a supplier if the decision-maker considers that there is sufficient evidence that the supplier or a connected person has engaged in conduct outside of the United Kingdom that could result in such an offence being committed if that conduct occurred in the United Kingdom.”

This amendment would create a discretionary exclusion ground where a supplier (or connected person) has violated UK sanctions or export controls, or would have done so if they were in the UK.

Amendment 3, page 116, line 10, at end insert—

“Involvement in forced organ harvesting

14A(1) A discretionary exclusion ground applies to a supplier if a decision-maker determines that the supplier or a connected person has been, or is, involved in—

(a) forced organ harvesting,

(b) unethical activities relating to human tissue, including anything which involves the commission of an offence under sections 32 (prohibition of commercial dealings in human material for transplantation), 32A (offences under section 32 committed outside UK) or 33 (restriction on transplants involving a live donor) of the Human Tissue Act 2004, or under sections 20 (prohibition of commercial dealings in parts of a human body for transplantation) or 20A (offences under section 20 committed outside UK) of the Human Tissue (Scotland) Act 2006, or

(c) dealing in any device or equipment or services relating to conduct mentioned in paragraphs (a) or (b).

(2) “Forced organ harvesting” means killing a person without their consent so that their organs may be removed and transplanted into another person.”

This amendment is designed to give a discretionary power to exclude suppliers from being awarded a public contract who have participated in forced organ harvesting or unethical activities relating to human tissue, including where they are involved in providing a service or goods relating to such activities.

Government amendment 59.

[Alex Burghart]

It is a genuine honour to take the Procurement Bill through Report stage. As the House will know, this is a major piece of post-Brexit legislation that enables us, for the first time in many decades, to reform our procurement system, to the benefit of contracting authorities, suppliers and taxpayers.

I begin with new clause 15 and amendment 52. We are inserting into the Bill a new clause that allows us to meet the UK’s international obligations on record keeping. We are strengthening record keeping obligations in the Bill to more fully reflect our obligations in both the agreement on Government procurement—the GPA—and the comprehensive and progressive agreement for trans-Pacific partnership. They both require records to be kept for a minimum of three years. New clause 15 sets out the obligation on contracting authorities to

“keep such records as the authority considers sufficient to explain a material decision made for the purpose of awarding or entering into a public contract.”

A material decision is one that requires a contracting authority

“to publish or provide a notice, document or other information in relation to the decision”,

or decisions, that are required to be made under the Bill. Records must be kept for three years from award of, or entry into, a contract—or, if the contract is awarded but not entered into, from the date of the decision not to enter into it.

The primary goal of the Bill is to streamline procurement regulations and ensure the overall efficiency of the system, while avoiding overwhelming businesses and contracting authorities with a multitude of rules and regulations—a point that we will no doubt return to this afternoon. As such, and in line with international requirements, the obligations attach only to the award of, and entry into, contracts; they do not apply to the management stage of a contract.

Information on the management of major contracts will of course be put into the public domain, thanks to the Bill’s considerable transparency obligations. That includes information on key performance indicators, such as performance against them; information on amendments to contracts; and information on contract termination, which will require reporting on performance. The time limit already in the Bill on the duty to maintain records of communications with suppliers is being relocated to sit alongside the new record keeping duty. The record keeping requirement is intended to act as a minimum; contracting authorities may of course keep records for longer, and indeed may be required to do so under other legislation.

Government amendments 24 and 25 change the point at which, under clause 52(1), contracting authorities are required to publish key performance indicators. They will no longer have to do so before entering into a public contract. Instead, there will be a requirement to publish them under proposed new subsection (2A) of clause 52. Clause 53, on contract details notices, provides that the details of KPIs will be specified in regulations under clause 95. That is because it is not possible to publish the KPIs before entering into the public contract, as they arise as part of the process of entering into the contract.

Government amendments 19, 20 and 56 make a necessary technical adjustment to ensure that the City of London Corporation is caught by the Bill in respect of its public sector functions, but not its commercial functions. The Bill is intended to apply to local authorities—clause 2 makes it clear that publicly funded bodies are caught by it—but due to its evolution and structure, the corporation does not operate solely as a local authority. It has significant private sector trading activities—for example, it operates private schools and undertakes property management—that are clearly not intended to be caught by the Bill. Unlike district and county councils, being a local authority is not the corporation’s raison d’être; rather, it has some local authority functions bolted on to its wider organisational functions. Without the amendments to clause 2 and schedule 2, there would be a risk of unintended consequences; the Bill would apply to either all the corporation’s activities, including its commercial activities, or none of them, depending on whether the corporation’s balance of income was derived mainly from its trading activities or from public funds in any one year.

Government amendments 21 to 23 resolve a drafting inconsistency between clause 19, which governs the award of contracts following a competitive procedure, and clause 43, which has rules allowing a contracting authority to switch to direct award if no suitable tender was received in a competition. Under clause 19, a tender may be disregarded in a competition if it breaches a procedural requirement set by the contracting authority—for example, if it is submitted late or is over its word count. Abnormally low tenders can also be disregarded, provided the tenderer has advance notification and the chance to respond, pursuant to subsections (4) and (5).

The changes proposed to clause 43 will ensure that only a material breach of procedural requirements will render a tender unsuitable: for example, being 10 words over the set count should not result in an unsuitable tender permitting direct award. Abnormally low tenders cannot be deemed unsuitable unless the supplier has had an opportunity to demonstrate that it will be able to perform the contract for the price offered, as is required under clause 19.

Moving on to amendment 59, paragraph 2(3) of schedule 10 inserts new section 14(5A) into the Defence Reform Act 2014. The DRA, and the Single Source Contract Regulations 2014 made under it, make provision for the pricing of defence contracts to procure goods, works and services that are not let competitively and meet the necessary criteria, including a financial threshold. New section 14(5A) is being introduced to address uncertainty about when an agreement for new goods, works and services should be regarded as an amendment to an existing contract within the scope of the DRA regime, and when it should be regarded as a new contract in its own right. The proposed new subsection currently addresses the situation by identifying two specific categories of existing contract not subject to the DRA regime that, when amended on a non-competed basis to add further goods, works or services, would become subject to that regime.

A third such category of contract not currently addressed by proposed section 14(5) has subsequently come to light. That category covers a single source contract that was below the financial threshold set by the SSCRs that is subsequently amended to add new goods, works and services that take it above that threshold. Amendment 59 will ensure that such contracts are brought within the regulation-making power. A hypothetical example would be a contract that was let competitively for £6 million a few years ago and was not subject to the regulations, where proposed section 14(5) and section 14(3)(b) —which excludes contracts let through competitions—did not apply, and a single source amendment was subsequently placed a few years later for £10 million of new work. That kind of amendment is referred to in section 14(5), and under the proposed new regulations, it would be treated as a new contract for the purposes of the regulations. Under the current wording of schedule 10, the agreement covering the new work would fall under the regulations.

Amendments 38, 32, 36, 37, 39 to 51, 57 and 58 significantly strengthen the exclusions and debarment provisions for exclusion on national security grounds. As the Bill stands, placing a supplier on the debarment list on national security grounds will make it excludable from all contracts within the scope of the Bill. That means that the supplier will be identified as posing a threat to the national security of the UK, but contracting authorities will have discretion as to whether they exclude the supplier in each particular procurement. Having engaged with colleagues in the House and reflected on their concerns, I can confirm that the Government are content to further strengthen those provisions. The new amendments will enable a Minister of the Crown to take a stronger approach in response to a specific risk profile of a particular supplier and make targeted decisions about whether the debarment should be mandatory for particular types of contracts, depending on the nature of the risk.

List of Ministers’ Interests and Ministerial Code

Debate between Alex Burghart and Baroness Laing of Elderslie

Monday 24th April 2023 Commons Chamber

[Alex Burghart]

I thank the Father of the House for his long view on these things, and I am sure that Sir Laurie will have heard his remarks.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the shadow Minister.

[Fleur Anderson (Putney) (Lab)]

I thank you, Madam Deputy Speaker, and Mr Speaker for granting this urgent question. Last week, the Prime Minister saw a third senior Minister resign in disgrace, jumping because he was not pushed. Can the Minister confirm that the former Deputy Prime Minister, the right hon. Member for Esher and Walton (Dominic Raab), did break the ministerial code? Did the Government know of or approve his statements blaming the victims, which appeared before the official findings of the report? Can the Minister say whether he agrees with the brave victims who came forward for that report, or with the former Deputy Prime Minister himself, that unacceptable bullying and misconduct took place? Does he think that the former Deputy Prime Minister should apologise to victims?

We also saw the list of ministerial interests miraculously appear just minutes before Prime Minister’s questions. Can the Minister say whether the Prime Minister declared his financial interest in Koru Kids as a Minister and as Chancellor before he became Prime Minister? Will the Minister meet his own commitment to more regular updates of the ministerial interests list and put it on the same basis as the Register of Members’ Financial Interests, which is published fortnightly while the House is sitting? The Ministers’ list seems to be annual. Will the Prime Minister finally introduce an independent adviser with the power to launch their own investigations? Have all the recommendations of the Boardman review been implemented? How many of the recommendations from the Committee on Standards in Public Life report have been implemented? A recent audit by Spotlight on Corruption revealed that, 18 months after both reviews were published, just 7% of the recommendations have been implemented.

While the Government have been preoccupied with yet more Tory psychodrama, working people are still battling the worst cost of living crisis for a generation. Labour is focused on cutting the cost of living, cutting crime and cutting waiting lists with our long-term plan to give Britain its future back. Has not this past week proved beyond doubt that it is time for a Government laser-focused on delivering for Britain, instead of one mired in misconduct?

[Alex Burghart]

I will take the hon. Lady’s questions in reverse. This Government are absolutely committed to tackling the cost of living crisis. It is because of that that the Prime Minister’s No. 1 preoccupation is ensuring that inflation comes down. Without inflation coming down, we cannot have growth, and without growth we cannot have more money for our public services. The Labour party would do very well to support us in that endeavour, otherwise we will fall into exactly the same trap that it fell into in the 1970s, where unions chase pay, pay chases inflation and the economy cannot grow for 10 years.

On the point that the hon. Lady made about the Prime Minister’s declarations, I draw her attention to the remarks made by the previous independent adviser Lord Geidt, who said that the Prime Minister had been “assiduous” in declaring all his relevant ministerial interests in all his roles. The Prime Minister personally asked Lord Geidt to look into that, and Lord Geidt was satisfied, as, it must be said, is Laurie Magnus likewise. On her remarks about the former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), I draw her attention to the fact that in his letter to the Prime Minister last week, the Deputy Prime Minister said:

“I am genuinely sorry for any stress or offence that officials felt”.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I call the Chair of the Select Committee.

[Mr William Wragg (Hazel Grove) (Con)]

It surely cannot be beyond the wit of man, notwithstanding the constitutional differences between Members of Parliament and members of the Government, that some form of co-operation might not be devised by talking to one another. Might I make the suggestion to my hon. Friend, who is one of the ablest Ministers in the Cabinet Office, that he would be just the person to reach out in such circumstances, so that some degree of co-operation and co-ordination on this issue might be found?

[Alex Burghart]

My hon. Friend is an assiduous student of the constitution, the workings of this place and the Cabinet Office, and he will know that, while it is very important that we have separate lists, it is also within the remit of anybody who wishes to pick up those two separate reports—the list and the register—to compare them and to draw their conclusions, as necessary.

[Madam Deputy Speaker]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

We have ministerial declarations—interests list—that are updated not timeously, if they are updated at all. Will the Minister ensure that all ministerial declarations are published, not just those of Ministers who happen to have been sitting in the hot seat when the music stopped? We have Ministers and the Prime Minister announcing policy to the press first on a regular basis. The Prime Minister has lost numerous Ministers as a result of code breaches and there are various investigations ongoing. It seems that Ministers are happy to carry on erring until the point—beyond the point, in fact—that they are caught and until the point that the investigation finally reports and they finally choose to resign. What is the point in having a ministerial code if Ministers do not abide by either the letter or the spirit of that code, and continually breach it?

--- Later in debate ---

[Alex Burghart]

I hope that the hon. Lady was not suggesting that my right hon. Friend the Prime Minister was dishonourable, because I think that would have been out of order, Madam Deputy Speaker. However, I am sure she will appreciate that the former independent adviser Lord Geidt said that the Prime Minister had been “assiduous” in his reporting. The report—the list— published by Sir Laurie Magnus just a few days ago suggests that he has been likewise in this return, as have all Ministers, and that wherever any perceived conflicts of interest have been found, they are being dealt with.

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. I want to just make absolutely certain that nothing has been said that ought not to have been said. I totally trust the hon. Member for Wallasey (Dame Angela Eagle) not to have said anything that she should not have said, but just let me make it clear to the House as a whole that, when we are discussing a sensitive subject such as this in particular, moderation is important and that reputations are important. I am sure the hon. Lady was indeed moderate in her use of words, as the Minister has been. I just want to make sure everybody else is.

[Jackie Doyle-Price (Thurrock) (Con)]

The ministerial code is, of course, there to regulate the broader aspects of ministerial behaviour, not just financial interests—that tends to be the issue that the House gets really concerned about, but actually it is the broader behaviours that are more important. Given that we have had such a turbulent 18 months with regard to the code, will my hon. Friend, or the Prime Minister, consider rebooting it and focus on exactly the values that we expect of Ministers? Specifically, could I invite him to clarify that the ministerial code is very important when Ministers are deploying their operational responsibilities?

--- Later in debate ---

[Alex Burghart]

We have an independent adviser and a ministerial code. This Government are delivering on the Prime Minister’s commitment to integrity and professionalism.

[Madam Deputy Speaker]

The last word, as ever, goes to Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

Thank you Madam Deputy Speaker. I thank the Minister for his clarification and the answers that he is trying to deliver. Will he further outline whether clear guidance will be issued on what constitutes a conflict of interest and how far that extends, to ensure that this House does not continue to consider these matters with the current greyness?

Enabling the Public to call a General Election

Debate between Alex Burghart and Baroness Laing of Elderslie

Tuesday 15th November 2022 Commons Chamber

[Alex Burghart]

I have a distinct recollection of a Prime Minister trying to do that in the not-too-distant past and finding that the electorate took a different view on whether she had made the right decision to call that election. Governments and Prime Ministers use that power at their peril, and they are aware of that.

To my mind, and the mind of the Government, it is much better to be able to guarantee a period in which a Prime Minister and Executive who hold the confidence of the House can legislate and operate in order to solve the problems that the country faces. To all parliamentarians comes judgment day, as Karl Popper referred to it. We must all face an election. The question is when. When our electorate go to the polls, they know that they are likely voting for us to be here for five years and on the understanding that, whoever gets into power will get five years to do the best job they can for the country and solve the problems that the country faces. That system has served us well, and that is why we continue to defend it. It has been a pleasure to debate with the hon. Member for Leeds East this evening, and I look forward to talking to him on constitutional matters long into the future.

[Madam Deputy Speaker (Dame Eleanor Laing)]

What an unusually interesting Adjournment debate.

Question put and agreed to.

Skills and Post-16 Education Bill [Lords]

Debate between Alex Burghart and Baroness Laing of Elderslie

Report stage
Monday 21st February 2022 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Alex Burghart)]

I beg to move, That the clause be read a Second time.

[Madam Deputy Speaker (Dame Eleanor Laing)]

With this it will be convenient to discuss the following:

New clause 1—Apprenticeships for prisoners—

“Notwithstanding any other statutory provision, prisoners in English prisons may participate in approved English apprenticeships, as defined by section A1 of the Apprenticeships, Skills, Children and Learning Act 2009.”

The aim of this new clause is to ensure that prisoners can start Apprenticeships while they are serving their sentence.

New clause 2—Provision of opportunities for education and skills development—

“(1) Any person of any age has the right to free education on an approved course up to Level 3 supplied by an approved provider of further or technical education, if he or she has not already studied at that level.

(2) Any approved provider must receive automatic in-year funding for any student covered by subsection (1), and supported by the Adult Education Budget, at a tariff rate set by the Secretary of State.

(3) Any employer receiving apprenticeship funding must spend at least two thirds of that funding on people who begin apprenticeships at Levels 2 and 3 before the age of 25.”

This new clause would provide for education and skills development up to a Level 3 qualification for any person of any age supplied by an approved provider if they have not already studied at that level.

New clause 3—Amendments to section 42B of the Education Act 1997—

“(1) Section 42B of the Education Act 1997 is amended as follows.

(2) After subsection (1) insert—

“(1A) In complying with subsection (1), the proprietor must give a representative range of education and training providers (including, where reasonably practicable, a university technical college) access to registered pupils on at least three occasions during each of the first, second and third key phase of their education.”

(3) After subsection (2) insert—

“(2A) The proprietor of a school in England within subsection (2) must—

(a) ensure that each registered pupil meets, during both the first and second key phase of their education, with a representative range of education and training providers to whom access is given, and

(b) ask providers to whom access is given to provide information that includes the following—

(i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,

(ii) information about the careers to which those technical education qualifications or apprenticeships might lead,

(iii) a description of what learning or training with the provider is like, and

(iv) responses to questions from the pupils about the provider or technical education qualifications and apprenticeships.

(2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.”

(4) After subsection (5)(a), insert—

“(aa) a requirement to provide access to a representative range of education and training providers to include where practicable a university technical college;”

(5) In subsection (5)(c), after “access” insert “and the times at which the access is to be given;”

(6) After subsection (5)(c), insert—

“(d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).”

(7) After subsection (9), insert—

“(9A) For the purposes of this section—

(a) the first key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and

(ii) ending with 28 February in the following school year;

(b) the second key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and

(ii) ending with 28 February in the following school year;

(c) the third key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and

(ii) ending with 28 February in the following school year.”

This new clause is intended to replace Clause 14. This clause will ensure that section 2 of the Technical and Further Education Act 2017, commonly known as the Baker Clause, is legally enforceable.

New clause 4—Green Skills Strategy—

“The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish a Green Skills Strategy, setting out a plan to support people to attain the skills, capabilities or expertise through higher education, further education or technical education that directly contribute to, or indirectly support, the following—

(a) compliance with the duty imposed by section 1 of the Climate Change Act 2008 (United Kingdom net zero emissions target),

(b) adaptation to climate change, or

(c) meeting other environmental goals (such as restoration or enhancement of the natural environment).”

This new clause would require the Secretary of State to publish a national green skills strategy which would set out a plan to support people to attain skills which will directly contribute to or indirectly support climate change and environmental goals.

New clause 5—Universal Credit conditionality review—

“The Secretary of State must review universal credit conditionality with a view to ensuring that adult learners who are—

(a) unemployed, and

(b) in receipt of universal credit

remain entitled to universal credit if they enrol on an approved course for a qualification which is deemed to support them to secure sustainable employment.”

This new clause is intended to ensure greater flexibility for potential students in receipt of universal credit to take up appropriate training that will better equip them for employment.

New clause 6—Skills levels in England and Wales: review—

“(1) Within one year of the passing of this Act, and each year thereafter, the Secretary of State must prepare and publish a report on overall levels of skills in England and Wales and their economic impact, including regional and demographic breakdowns.

(2) The report under subsection (1) must in particular examine—

(a) cohort sizes and compositions of all qualifications from entry level to level 8,

(b) cohort skill achievement rates, in terms of result breakdowns,

(c) cohort placement success rates, in terms of numbers in further qualifications or new employment within 12 months after achieving each qualification,

(d) job retention and labour market turnover,

(e) labour productivity, and

(f) job satisfaction and fulfilment.

(3) The report under subsection (1) must be laid before both Houses of Parliament.”

This new clause would require the Secretary of State to publish an annual report on overall skills levels and economic output across England and Wales.

New clause 7—Lifetime skills guarantee—

“(1) All persons have the right to study a fully-funded approved course for a qualification up to level 3 supplied by an approved provider of further, higher, or technical education if they—

(a) do not currently hold a level 3 qualification, or

(b) currently hold a level 3 qualification and would benefit from re-training.

(2) The Secretary of State must prepare and publish a list of approved courses for the purposes of subsection (1).

(3) The Secretary of State must consult on the list of approved courses to ensure that they are compatible with national levelling up and skills strategies.

(4) The Secretary of State must review the list of approved courses at least every six months with a view to ensuring that they reflect the skills needed as the economy changes.”

This new clause places the Government lifetime skills guarantee on a statutory footing, ensuring that those without an A-level or equivalent qualification, or who hold such qualification but would benefit from reskilling, are able to study a fully funded approved course.

New clause 8—National Strategy for Integrated Education —

“(1) The Secretary of State must, before the end of the period of 12 months beginning with the day on which this Act is passed, publish a National Strategy for Integrated Education.

(2) A strategy under this section must—

(a) support the creation or development of courses offering integrated academic and vocational content, or a range of academic and vocational modules which can be combined into hybrid qualifications, at levels 4 to 8;

(b) support the creation or development of institutions offering courses under paragraph (a);

(c) set out a role for training programme providers in designing courses under paragraph (a).

(3) The Secretary of State must consult the Institute for Apprenticeships and Technical Education, Ofqual, and Quality Assurance Agency on any strategy to be published under this section.

(4) The Secretary of State must make regulations within 24 months of the passing of this Act to provide for such elements of the strategy as require enactment through statutory provisions.”

New clause 9—Integrated compatibility of modules and accreditation—

“(1) The Secretary of State must publish a National Accreditation Framework for Modular Learning. A framework must include guidance on—

(a) the unbundling of modular components of courses and qualifications;

(b) the stacking of modular components of courses and qualifications; and

(c) the transfer of modular components between institutions,

for the purposes of ensuring—

(a) (i) transparency;

(ii) mutual recognition of qualifications across academic, vocational and integrated further and higher education institutions; and

(iii) clarity on the options available to learners for unbundling or stacking modules into an overall qualification which meets the needs of their own professional development, and skills gaps within the national labour-market.

(2) The Institute for Apprenticeships and Technical Education, Ofqual, and Quality Assurance Agency must assist in the preparation of any framework under this section.

(3) A framework under this section must set out a role for the Institute, Ofqual and the Quality Assurance Agency in ensuring the effective operation of the framework.”

New clause 10—Role of employers in employee reskilling—

“(1) The Secretary of State may make regulations for the purpose of ensuring that employers provide—

(a) a minimum number of hours per year for in-work training and skills development for employees; and

(b) a minimum number of hours of retraining support for courses chosen at the discretion of former employees who have been made redundant, as part of an employer’s redundancy package.

(2) The minimum numbers of hours under section (1)(a) and (b) are to be set by the Secretary of State.

(3) In this section, “employer” has the same meaning as in section 4.

(4) The Secretary of State may, by regulation, establish a skills tax credit, for the purpose of—

(a) making allowance for funding the provision of time and training under subsection (1); and

(b) incentivising and rewarding employers for investing the skills development of their employees.”

New clause 11—Transition to 16+ education—

“(1) The Secretary of State may make regulations requiring local authorities to fulfil the function of an admissions authority with regard to admissions to further education courses provided within their administrative jurisdiction, for the purposes of ensuring admission to further education is allocated in an open and fair manner.

(2) Regulations under this section may require local authorities to run admissions processes in relation to further education in a manner comparable with the processes set out in Part III of the School Standards and Framework Act 1998 in so far as they relate to the admissions processes for primary and secondary education.

(3) In this section, “further education” has the same meaning as in the Education Act 1996 (see section 2 of that Act).”

This new clause would allow the Secretary of State to require local authorities to run admission to further education in a manner comparable to admissions for primary and secondary education.

New clause 13—Access to Sharia-compliant lifelong learning loans—

“(1) The Secretary of State must make provision by regulations for Sharia-compliant student finance to be made available as part of the lifelong learning entitlement.

(2) Regulations under this section are to be made by statutory instrument, and a statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

This new clause allows the Secretary of State to make provision for Sharia-compliant LLE loans.

New clause 14—Recognition of skills in the energy sector—

“(1) Within six months of the passing of this Act, the Secretary of State must publish an Energy Sector Skills Strategy, for the purposes of—

(a) achieving cross-sector recognition of core skills and training in the offshore energy sector, including the oil and gas sector, and the renewable energy sector; and

(b) ensuring training and training standards bodies within the offshore energy sector adopt a transferable skills and competency-based approach to training.

(2) The strategy must target all workers, whether directly or indirectly (sub-contracted or agency) employed, or engaged through day-rate or self-employed contract models.

(3) When producing the strategy, the Secretary of State must consult with—

(a) workers within the offshore energy sector;

(b) unions within the offshore energy sector;

(c) energy companies; and

(d) training standards bodies relevant to the offshore energy sector.

(4) The Secretary of State must implement the strategy within 12 months of the passing of this Act. The Secretary of State may make regulations to provide for such elements of the strategy as require enactment through statutory provision.”

This new clause would facilitate cross-sector recognition of skills and training between the oil and gas sector and the renewable energy sector.

New clause 15—Retraining guarantee for oil and gas workers—

“(1) The Secretary of State must guarantee access to training, grants, resources and other support facilities to workers in the oil and gas sector, including—

(a) assessment of existing skills and training;

(b) understanding of skills matrices for careers in the offshore energy sector, including renewable energy and oil and gas;

(c) advice on alternative green energy jobs; and

(d) funding to complete training relevant to the green energy sector;

for the purpose of proactively supporting oil and gas workers wishing to transition to careers in the green energy sector, regardless of their current contract status.

(2) Support under this section must be made available to—

(a) all workers, whether directly or indirectly (sub-contracted or agency) employed, or engaged through day-rate or self-employed contract models; and

(b) workers who have recently left the oil and gas sector.”

This new clause would establish a retraining guarantee for oil and gas workers seeking to leave the sector, supporting them in transitioning to green energy jobs.

New clause 16—National review and plan for improving levels of adult literacy—

“(1) Within two years of the passing of this Act, and every two years thereafter, the Secretary of State must review adult literacy levels in England, for the purpose of improving adult literacy levels.

(2) A review under this section must identify the number of adults with literacy levels—

(a) below Entry Level 1,

(b) below Entry Level 2,

(c) below Entry Level 3,

(d) below Level 1, and

(e) below Level 2.

(3) The findings of a review under this section must be published in a report, which must be laid before Parliament.

(4) A report under this section must include a breakdown of the levels of adult literacy by local authority area.

(5) When a report under this section is laid before Parliament, the Secretary of State must also publish a strategy setting out steps the Government intends to take to improve levels of adult literacy in England.”

This new clause would require the Secretary of State to, every two years, review levels of adult literacy in England, publish the findings of that review and set out a strategy to improve levels of adult literacy in England.

New clause 17—Availability of humanities, social sciences, arts and languages courses—

“(1) The Secretary of State must review the availability of humanities, social sciences, arts and languages courses at Entry Level through to Level 4 in a specified area to which a local skills improvement plan relates.

(2) The outcome of a review under this section must be—

(a) provided to the relevant employer representative body for a specified area; and

(b) laid before both Houses of Parliament.

(3) Where a review under this section identifies inadequate availability of courses in a specified area, the Secretary of State must take steps to remedy this inadequacy, to ensure courses are available in all specified areas.

(4) A review under this section in relation to a specified area must be conducted each time the Secretary of State approves and publishes a local skills improvement plan for that specified area.”

This new clause requires the Secretary of State to review the availability of humanities, social sciences, arts and languages courses at Entry level to Level 4 in areas to which an LSIP applies. It would also require the Secretary of State to take steps to remedy inadequate availability of the courses.

Amendment 2, page 2, line 36, after “authority” insert

“and further education providers in the specified area”.

This amendment would provide for employer representative boards to develop local skills improvement plans in partnership with local further education providers.

Amendment 18, page 3, line 6, at end insert—

“(ba) draws on responses to a public consultation conducted by the relevant local authority for the specified area on the education and training that should be made available in the relevant area, and”

This amendment would require the Secretary of State to draw on responses to a public consultation run by the relevant local authority, when publishing a local skills improvement plan for a given area.

Amendment 16, page 3, line 10, at end insert—

“(d) lists specific strategies to support learners who have or have previously had, a statement of Special Educational Need or an Education and Health Care Plan into employment, including but not limited to provision for supported internships.”

This amendment would require local skills improvement plans to list specific strategies to support learners who have or have previously had, a statement of Special Educational Need or an Education and Health Care Plan into employment, including but not limited to provision for supported internships.

Amendment 14, in clause 2, page 3, line 15, after “England” insert

“with the consent of the relevant local authority, Local Enterprise Partnership (LEP) and, where relevant, Mayoral Combined Authority”.

This amendment provides for local authorities to give consent in the designation of employer representative bodies, to ensure employer representative bodies are representative of the areas they cover.

Amendment 4, page 3, line 20, after “employers”, insert

“and any relevant community, education, arts, faith and third sector organisations”.

Amendment 5, page 3, line 41, at end insert—

‘(6) The functions of the Secretary of State under this section may also be exercised by a relevant mayoral combined authority in England, where the designation relates to an area within their administrative jurisdiction, provided that education and skills are within the relevant authority’s devolved competence.”

Amendment 17, page 3, line 41, at end insert—

‘(6) Representative bodies which are employers, and employer organisations which are members of employer representative bodies, must sign up to the Disability Confident employer scheme within six months of being designated, or becoming a member of, the employer representative body.”

Amendment 6, in clause 3, page 4, line 18, at end insert—

‘(5) The functions of the Secretary of State under this section may also be exercised by a relevant mayoral combined authority in England, where the designation relates to an area within their administrative jurisdiction, provided that education and skills are within the relevant authority’s devolved competence.”

Amendment 12, in clause 6, page 7, line 23, at end insert—

‘(2A) The Institute shall perform a review of the operation of the apprenticeship levy, paying particular regard to considering whether sufficient apprenticeships at level 3 and below are available.”

This amendment would require the Institute to perform a review of the operation of the apprenticeship levy, and would require the Institute to pay particular regard to ensuring that sufficient apprenticeships at level 3 and below are available.

Amendment 15, in clause 7, page 10, line 37, at end insert—

‘(2A) Subsection (2) does not apply to the withdrawal of level three courses for the period of four years beginning with the day on which this Act is passed.”

This amendment seeks to reintroduce the Lord’s amendment (amendment 29), preventing IfATE from withdrawing approval of established level 3 courses including BTECs for four years.

Amendment 1, page 17, line 28, leave out clause 14.

This amendment is consequential on NC3.

Amendment 8, in clause 14, page 17, line 28, at end insert—

‘(A1) Section 42A of the Education Act 1997 (Provision of careers guidance in schools in England) is amended as follows—

“(d) is provided by a person who is registered with the Career Development Institute, and who holds a level 4 qualification.”’

Amendment 13, page 18, line 5, at end insert—

“(aa) ensure that each registered pupil receives two weeks’ worth of compulsory work experience,

(ab) ensure that each registered pupil receives face to face careers guidance, and”.

This amendment would require every school to provide face to face careers guidance for every pupil and two weeks’ worth of compulsory work experience for every registered pupil.

Amendment 7, page 19, line 1, at end insert—

‘(9B) Local Authorities shall have oversight of the provisions in subsection (2A) and subsection (5), for the purposes of ensuring the provision of careers advice is consistent and high quality.”

Amendment 3, in clause 15, page 20, line 29, at end insert—

‘(3) After section 22(2)(c) of the Teaching and Higher Education Act 1998 insert—

“(ca) for the establishment of a system of means-tested financial grants, for the purpose of ensuring that financial hardship is not a dissuading factor in the take-up of higher education or further education modules or courses.”’

Amendment 11, in clause 34, page 40, line 20, at end insert—

“(e) Sections [Recognition of skills in the energy sector] and [Retraining guarantee for oil and gas workers].”

This amendment is consequential on NC14 and NC15.

Government amendments 9 and 10.

[Alex Burghart]

It is a pleasure to open the debate on Report of the Skills and Post-16 Education Bill. We had a very good debate in Committee, and I look forward to contributions from Members from across the House today.

I rise to speak to new clause 12 and amendments 9 and 10 in the name of my right hon. Friend the Secretary of State. The Government announced their intention to table new clause 12 in Committee last November. It inserts three new sections into the Higher Education and Research Act 2017, and will give the Office for Students, the higher education regulator in England, an explicit power to publish information about its compliance and enforcement activity in relation to higher education providers.

It is important that the OfS is able to publish such information in the form of notices, decisions and reports, and it is in the public interest that it should be transparent in its work, particularly when it is investigating providers for potential breaches of the registration conditions placed on them by the regulator. Publication by the OfS regarding its compliance and enforcement functions will demonstrate that appropriate actions are being taken by the regulator, and that will ensure that the reputation of higher education in England is maintained, and that we bear down on poor provision.

Members can be reassured that this power will be discretionary, as there may be reasons why the OfS may not consider it appropriate to publish certain information. The new clause provides, in proposed new section 67A(5) of the Higher Education and Research Act 2017, various factors that the OfS must take into account when deciding whether to publish, including the public interest, but also whether publication would or might seriously and prejudicially affect the interests of a body or individual. The OfS should be transparent about such work, showing the sector, students and the public that it is intervening when necessary, and consequently providing confidence in the regulatory system.

New clause 12 also includes provision in proposed new section 67C to protect the OfS from defamation claims when, for example, it announces the opening of an investigation or publishes regulatory decisions. This protection provides qualified privilege, meaning that there is protection unless publication is shown to have been made with malice.

Other regulators, such as the Competition and Markets Authority, Ofsted and the Children’s Commissioner, have similar powers and protections. We are seeking a power and protection in this new clause to ensure that the OfS has what it needs for the purpose of transparency, and note the need to be as consistent as possible across the statute book. We believe there will be little material impact on the sector as a result of this change, as it simply allows more transparency about what the OfS is already doing.

Publication of notices, decisions and reports will become increasingly important as the OfS scales up its work on driving up quality in higher education and on protecting freedom of speech and academic freedom under the Higher Education (Freedom of Speech) Bill.

Amendment 9 brings new clause 12 into force two months after Royal Assent, and amendment 10 amends the long title to cover new clause 12. I hope the House will support these amendments.