(1 year, 5 months ago)
Commons ChamberThank you, Madam Deputy Speaker, and welcome back to the Chair. I share the Deputy Prime Minister’s words on our Baroness, and our thoughts are with her family today. I am sure the whole House will join me also in paying tribute to Paul O’Grady, whose sad death was announced today. He was a national treasure and a true northern star, and he will be greatly missed.
This week, the Government announced their so-called antisocial behaviour policy. It has only taken 13 years. Look, I will give him some credit: the Deputy Prime Minister knows first-hand the misery caused by thugs and their intimidating behaviour, lurking with menace, exploding in fits of rage, creating a culture of fear, and maybe even—I do not know—throwing things. So I ask him: under his new antisocial behaviour policy, does he think more bullies will be brought to justice?
I can reassure the House that I have never called anyone scum. [Hon. Members: “More!”] If the right hon. Lady was serious about standing up for communities and people who suffer from the scourge of antisocial behaviour, she would back our plan to deal more swiftly with these issues, make sure we ban drugs beyond the conventional ones and give police the powers they need. If Labour really wants to protect the public, it will back our plans for parole reform to make sure that murderers, terrorists and child killers are not allowed out free to threaten other people, and reintroduce the ministerial veto that Labour took away.
I would like to see the ministerial code introduced and adhered to on the Government Benches, because it is not just the right hon. Gentleman’s Department where antisocial behaviour is running out of control. It is happening across the country: police officers disappearing from our streets, replaced by criminals plaguing our towns and leaving people feeling unsafe. The truth is that the Conservatives are missing in action in the fight against crime. Can he tell his constituents and the public why, after 13 years of his party in government, there are now 6,000 fewer neighbourhood police officers on Britain’s streets?
The right hon. Lady really does have a brass neck, because Labour voted against our funding of police recruitment and the 20,000 extra police officers. What I will tell her and the whole House is that crime is lower than it was under the last Labour Government, violent crime has halved and reoffending is seven percentage points lower. If she really wants to stand up for the public and the victims of crime, Labour should back our Bill to protect victims and protect the most vulnerable from serious killers, rapists and terrorists.
No one believes that there are more police on the streets and no one feels safer. Neighbourhood policing has gone down, not up. Let us talk about crime. The right hon. Gentleman knows as well as I do that neighbourhood police can help to prevent antisocial behaviour and knife crime, but trusted local police are also crucial to protecting women. Women feel unsafe on Britain’s streets, always looking over our shoulder as we hurry to our front door. Can he tell me, under his watch as Justice Secretary, what is the charge rate for rape?
I will address all those elements and first of all say that the issue of rape and serious sexual violence against women is one of our top priorities. The right hon. Lady asks what we are doing about it. Since 2019, police referrals of cases have doubled and Crime Prosecution Service charges have doubled. She asks what has happened on my watch. The volume of convictions in rape cases has increased by two thirds. If she really wants to protect vulnerable women, whether from rapists or other serious crimes, she will back our parole reforms, which will mean Ministers are able to prevent people from being released into the public and causing more threats.
The right hon. Gentleman says that rape conviction has gone up. What he really means is that 300 women will be raped today while he boasts about an increase of 0.5%. He has not answered my question, because he is too ashamed of the answer: 1.6% of rapists face being charged for their crime—1.6%. Let that sink in. A woman goes through the worst experience of her life. She summons up the courage to relive that horrendous experience to tell the police in detail about her assault, but she only has a 1.6% chance of action being taken. Over 98% of rapists will never see the inside of a courtroom, let alone a prison. And the rest of those brave women? They keep looking over their shoulders and hope the perpetrator does not choose tonight to take their revenge for reporting the incident to the police.
In the last 13 years of the Tory Government, more than half a million cases of rape have been recorded by the police, but the charge rate for those attacks has collapsed. He has served under five Tory Prime Ministers and had three years as Justice Minister, and on his watch rapists are left to roam the streets. Will he apologise to those victims who will never get justice because of his failures?
First of all, the conviction rate measured by the Crown Prosecution Service—the leader of the Labour party used to be in charge of the CPS, so he might want to point this out—has gone up. It is now at 69%. We are doing much more to support victims of rape when they come forward. [Interruption.] They are talking a good game but, in fact, we have quadrupled funding for victims since 2010. If the right hon. Lady looks at the latest data, she will see that the time it has taken from charge to completion of a rape case has come down by 10 weeks, or 70%, in the last three months alone. She should get her facts straight, particularly when talking about such a sensitive issue.
The right hon. Member will not apologise for the Government’s failure on charge rates. Sixty-nine per cent of 1.6%—is that really something to boast about?
Let me ask him about an issue that is directly his responsibility. On his watch, rape survivors are waiting on average more than three years for their cases to come to court. The right hon. Member talked about a 10-week reduction. From three years, 10 weeks is not anything to boast about—three years from the day of the assault to the final day of court. Is it any wonder that from April to September last year, 175 trials for rape and other serious sexual offences had to be dropped because the victim could no longer cope with the delay? When will he apologise to all those women denied justice because of his failure to sort the court backlog?
The right hon. Lady ignores the impact on the court backlog of the pandemic or, indeed, the Criminal Bar Association strike. Let me tell her what we are doing. We have quadrupled funding for victims since 2010—quadrupled the funding provided by the last Labour Government. We launched the 24/7 support line, so that when those victims of that appalling crime come forward, they get the support they need. We have increased the number of independent sexual violence advisers to more than 1,000, and we are making sure that women who suffer this appalling crime can give pre-recorded evidence in court. We are doing everything that we can. As I said, the rates are coming down and we will keep taking action. If the Labour party were really serious about this, they would not have voted against longer sentences for dangerous, violent and sexual offenders in the Police, Crime, Sentencing and Courts Act 2022, and she would get behind our Victims and Prisoners Bill today.
Not a word of apology, no sense of responsibility and not even a shred of shame. The reality is that while people in Britain feel more and more unsafe, the right hon. Member seems to spend all his time trying to save his own job and none of his time on his actual job. It is not just me who thinks so—the Prime Minister clearly does not trust him to deal with antisocial behaviour, because he has given that job to the Levelling-up Secretary. The way that things are going, and if reports are to be believed, this might be his last Prime Minister’s questions, so let us look at the highlights: criminal justice on its knees; the largest court backlog on record; rape victims waiting for justice; and through it all, he managed to rack up 24 formal complaints from his own civil servants. Can he say today: will he walk before he is pushed?
One thing never changes: the right hon. Lady always comes with her usual bluster and political opportunism. Let me tell her what I have been doing this week. We have delivered new legislation to support the victims of crime, including rape, and to protect the public. We have delivered a plan to stamp out antisocial behaviour and we have supported families with their energy bills. What has she done? What have Labour Front Benchers done? They tried to block our small boats Bill. That is the difference between them and us. We deliver for Britain; she likes to play her political games.
(1 year, 5 months ago)
Commons ChamberI welcome the statement and thank the Minister for advance sight of it. But once again the Government are late to the game. In August last year, Parliament closed its TikTok account. As the Minister has just said, in December the US banned TikTok from official devices, and nearly a month ago the European Commission followed suit. On 28 February, however, the Secretary of State for Science, Innovation and Technology said that the app was a matter of “personal choice.” She said, “We have no evidence”, and that a ban would be “very forthright”.
What has changed? Two weeks, two Ministers, two completely different policies later, and it is the same pattern over and over again: a Government behind the curve, with sticking-plaster solutions, forced to lurch into a U-turn at the last minute. We need a strong, clear- eyed and consistent approach—one that ensures that we can protect our national security and that puts us in a strong position to engage with states such as China where it is in our interest to do so, in areas such as climate change and trade.
The Minister announced a restriction on official devices to a pre-approved list of third-party apps and a ban on TikTok. How does the ban on TikTok differ from it simply not being on that approved list? Why is the ban limited only to central Government Departments? How will it apply, for example, to devolved Governments or Parliaments? Can the Ministry of Defence, for example, keep its account?
The Minister said that the TikTok ban is based on
“a specific risk with Government devices”.
Can he go a little further on that? What exactly is the specific risk and why does it apply only to official devices in central Government? Will the Minister tell us what advice has been issued to other Ministers, including those who already actively use TikTok? What criteria will be used for the list of pre-approved apps that he has announced today? Which apps will be included and which will not? On what grounds?
Today’s announcement feels like closing the stable door after the horse has bolted. If the Minister was serious about overhauling security at the heart of Government, why was the review limited only to the use of third-party apps on Government devices? Why not carry out a root-and-branch review of the technology used by his colleagues? The reality is that this Government’s track record of upholding security at the heart of Government is appalling, from their chronic use of private emails to the hacking of the phone of the former Foreign Secretary, the right hon. Member for South West Norfolk (Elizabeth Truss). Will the Minister say whether there were any discussions during this process about Ministers’ use of private messaging, such as WhatsApp, and email? Will he confirm that he will make it a priority to make good on promises to update the guidance on the use of private emails by Ministers, which is now a decade old?
In the Procurement Bill’s Second Reading debate, the Chair of the Foreign Affairs Committee, the hon. Member for Rutland and Melton (Alicia Kearns), described the Government’s approach to tracking down security threats in our supply chain as “relentless whack-a-mole”. She said we needed a more systematic and proactive approach to identifying risks in the UK’s supply chain, especially when it comes to goods and services bought with taxpayers’ money. I agree with her; does the Minister?
If the Minister is truly serious about national security at the heart of Government, why did he vote against Labour’s amendments to the Procurement Bill that would have mandated that suppliers that pose a risk to the UK’s national security must be excluded from being granted taxpayers’ money? The Government have a duty to uphold the highest standards of security at the heart of Government. Today’s announcement is nothing but a temporary fix—a sticking plaster—while gaping holes remain in our national security. We must fix this problem; is the Minister committed to doing so?
The right hon. Lady raised a large number of issues; I will try to address as many as I can and am happy to write to her on any that I do not cover.
First, the Government’s overall approach to national security is set out in the integrated review refresh that was published at the beginning of the week. In respect of China specifically, it sets out a three-pronged approach of protect, align and engage; this element of our activity clearly relates to protect.
The right hon. Lady asked why the decision has taken some time. We have always taken an evidence-based approach. I thought it was appropriate that we gather sufficient evidence and understand the nature of the problem. I did that in November. It is an appropriate way to deal with national security challenges and I will continue to take it.
The right hon. Lady asked about the limited list. We already have an approved list of apps but it does not apply to every Government Department. We are now ensuring that it applies across all Government Departments. I do not believe there is a risk extant at the moment; this is about ensuring that we continue to guard against risk on an ongoing basis.
The ban applies not just to central Government Departments but to all Government agencies, including arm’s length bodies. On the devolved Administrations, I have written to the leaders in Scotland and Wales and the appropriate officials in Northern Ireland.
In respect of Ministers, they receive extensive advice when they take office and are expected to follow that with all the devices they use. In respect of private messaging, we are updating the guidance on non-corporate communications to ensure that we have a consistent approach across Government, but, again, I do not believe that we have serious concerns on that.
Finally, on the right hon. Lady’s slightly overblown rhetorical point about Government taking action, I say gently to her that I have always been willing to take decisive action to protect national security. It is exactly the approach that I took in respect of banning Huawei from our 5G network before many of our allies did so. It is exactly the approach that I took within weeks of taking office in respect of Government surveillance devices on sensitive sites with Chinese technology on them. However, we must proceed with an evidence-based and proportionate approach. That is what will command public confidence and that is the approach that I am taking today.
(1 year, 5 months ago)
Commons ChamberThe Prime Minister stood on the steps of Downing Street and promised to restore integrity, accountability and respect in Government. Reports this week suggest that concerns were raised at the highest levels in Government about the Deputy Prime Minister’s intimidatory behaviour, and yet nothing was done. Can the Secretary of State clarify here today, did the Cabinet Office warn the Prime Minister about the conduct of the Deputy Prime Minister before he was reappointed to the Cabinet?
The right hon. Lady will know that we have been through this process many times before. I thought the Labour party believed in due process. The due process is that Adam Tolley, a very senior KC, is investigating all aspects of that, and I am not going to pre-empt his report in any way.
Yet again, the Secretary of State hides behind the so-called independent inquiry and dodges the question. The reality is that he is protecting a corrupt standards regime upheld by the Conservatives for the last 13 years, with the Prime Minister as judge and jury. Can the Secretary of State say today, in no uncertain terms, when Adam Tolley’s fact-finding mission is complete, will the Prime Minister’s ethics adviser be asked to provide a judgment about whether there has been a breach of the ministerial code by the Deputy Prime Minister?
As the right hon. Lady will know, the Prime Minister’s ethics adviser is independent. It will be a matter for him to decide whether he wishes to take further action, in consultation with the Prime Minister. We see this time and again from the Labour party. They call on us to have an independent inquiry. As soon as we announce an independent inquiry, they ask us to pre-empt it. They ask us to have transparency, yet when it comes to transparency from the Labour party, they still have not provided details of the extensive meetings they had with a serving civil servant. It is in the public interest to declare that, and they have still failed to do so.
(1 year, 5 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I would like to thank Conservative Members for asking why a senior civil servant famed for their integrity and dedication to public service decided to join the party with a real plan for Britain rather than a tired-out, washed-up, sleaze-addicted Tory Government. This is the exceptional circumstance that the Minister spoke about. We are talking about a party so self-obsessed that it is using parliamentary time to indulge in the conspiracy theories of the former Prime Minister and his gang. What will Conservative Members ask for next? Will it be a Westminster Hall debate on the moon landings, a Bill on dredging Loch Ness or a public inquiry into whether the Earth is flat?
The biggest threat to the impartiality of the civil service is the Conservative party and its decade of debasing and demeaning standards in public life. Conservative Members talk about trust. This debate says more about the delusions of the modern Conservative party than it does about anything else. After this question, I will go back to my office to help people who are struggling with the cost of living crisis, getting an NHS dentist or—[Interruption.]
Order. I do not think it was a wise idea to carry on while I am standing up.
Thank you. May I just say that I expect everybody to be heard quietly, because I want to hear what is being said? This is too important for me not to be able to hear. When Members keep chuntering on, I cannot hear. I want the same respect to be shown to everybody who wishes to speak.
Thank you. Mr Speaker. As I was saying, after this question I will go back to my office to help people who are struggling with the cost of living, with getting an NHS dentist and with paying their energy bills. All of those things are the result of 13 years of this failed Conservative Administration. While they play games, we are getting on with tackling the real issues facing the country. When will they do the same?
Having heard from the right hon. Lady, I see that she has clearly been advised that attack is the best form of defence. I quite understand why the Opposition feel in need of some more advisers and some new advisers, given her tone today.
I understand the dilemma faced by the Leader of the Opposition. Having looked inside his tent, I understand why he is reaching so far outside of it. After so many rebrands, I appreciate why the right hon. Lady and the Leader of the Opposition require someone who can do joined up. However, the Labour party talks about rules, transparency and standards in public life, and given all that constant talk it is time that it walked the walk. I ask the right hon. Lady to go away and think: why are the Opposition refusing to publish when they met with Sue Gray; why are they being evasive; and why can they not tell us what they discussed, where they met, and how often they met? Their refusal to do so prompts the question: exactly what is Labour trying to hide?
Many across the House have noticed that the Leader of the Opposition has a tendency to claim a self-righteous monopoly on morals, but there are now serious questions as to whether Labour, by acting fast and loose, undermined the rules and the impartiality of the civil service. Labour Members must ask themselves why the Leader of the Opposition covertly met a senior civil servant and why those meetings were not declared. They believe that ACOBA rules should be tightened, but why were the current ones not followed? It is incumbent on everyone across the House to uphold and preserve the integrity and the perceived impartiality of the civil service.
This is about trust, Mr Speaker, and it is the Labour party that risks damaging that trust with an offer of appointment. However, the Opposition can help restore that trust. They can do the right thing: they can publish the list of meetings between themselves and Sue Gray; they can publish who attended those meetings; and they can publish when they started speaking to Sue Gray. There is nothing in the ACOBA rules that stops them doing so today.
(1 year, 6 months ago)
Commons ChamberI am deeply saddened, as my hon. and learned Friend is, by any interruption to our children’s education, particularly when they have suffered so much during covid. I pay tribute to the headteachers and others who ensured that about 90% of schools were open in one capacity or another so that our children continued to have an education—indeed, 70% of teachers did not participate in the strike. I hope that we continue to keep schools open on a voluntary basis, but if we cannot, we reserve the right, under the legislation passing through Parliament, to deem education an essential service that requires minimum service levels.
Last week the independent adviser revealed that the former Minister without Portfolio, the right hon. Member for Stratford-on-Avon (Nadhim Zahawi), submitted his declaration of interests only in the last two weeks, some three months after his appointment and while he was in the eye of the storm. Can the Chancellor of the Duchy of Lancaster tell the House how many other Ministers are yet to submit their declarations and what steps he or the Prime Minister has taken to pursue them, and can he guarantee there are not yet more ministerial conflicts of interest waiting to emerge that he knows about either formally or informally?
I can assure the right hon. Lady that we are upholding high standards of transparency. The ministerial code requires such declarations to be made, and they are policed by the independent adviser, which the Labour party urged us to appoint and we appointed that person. Where there are failures, action is taken immediately, as we saw from the Prime Minister this weekend.
While we are on the subject of transparency, The Guardian has today revealed that the National Audit Office is due to meet the Cabinet Office this week to obtain details of public money spent on the former Prime Minister’s legal fees. The permanent secretary has already admitted a budget of £220,000 could have been exceeded, and the contract, which has already been extended once, could be extended again. Will the Minister publish the details of this arrangement and tell us who approved it and why—or, even better, can the Minister just put a stop to this insulting waste of public money all together?
The right hon. Lady will know that this was dealt with by the permanent secretary at the Public Administration and Constitutional Affairs Committee, and the contract was published on Contracts Finder. It has always been the case that Ministers receive support in respect of their conduct in office after they have left office. That was extended to Ministers in the Conservative party and the Labour party. I will add that it is a good job that we did not extend it to former Leaders of the Opposition given the millions of pounds being spent by the Labour party defending itself against allegations of antisemitism.
(1 year, 7 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
(Urgent Question): To ask the Chancellor of the Duchy of Lancaster if he will make a statement on his Department’s processes for vetting ministerial appointments and managing conflicts of interest.
I thank the right hon. Lady for her question, to which it is a pleasure to respond.
To start with ministerial appointments, appointments made to His Majesty’s Government are a matter solely for the Prime Minister in line with his constitutional position as the Sovereign’s principal adviser and the head of the Government. It is for the Prime Minister to recommend individuals for appointment. In considering potential appointments, the Prime Minister may receive advice from the civil service on matters of propriety and potential conflicts of interest. The civil service has no role in approving or vetoing appointments as appointments are a matter for the Prime Minister. It would not be appropriate for me to comment further on the advice that may be given during the appointments process.
It is critical that all Prime Ministers are able to receive advice in confidence. I would not want to do anything to erode that ability. Once an appointment is made, the process for the management of conflicts of interest and potential conflicts is clear and robust, and follows the processes set out in the ministerial code. It is the responsibility of all Ministers to ensure that no conflict arises, or could reasonably be perceived to arise, between their role and their private interests, financial or otherwise. That is ultimately incumbent on the individual and it is clearly set out in the ministerial code. Ministers should declare and manage potential conflicts of interest, working with their permanent secretary and the independent adviser on Ministers’ interests. They are under an ongoing duty to further declare relevant changes to their interests.
Hon. Members will be aware that the Prime Minister has appointed Sir Laurie Magnus as his independent adviser on Ministers’ interests. Sir Laurie will be taking forward the work on the declaration of Ministers’ interests in line with his published terms of reference. As the Prime Minister confirmed this morning, the independent adviser will also be conducting an investigation to establish the facts surrounding the matters concerning my right hon. Friend the Member for Stratford-on-Avon (Nadhim Zahawi) that have been subject to media reports over the weekend. I know that Sir Laurie will bring integrity and rigour to the role of independent adviser and the outcome of his work will be made public in due course.
Thank you, Mr Speaker, for granting this urgent question. We may have a carousel of Ministers, but it is the same old excuses every single time. Reports that the then Chancellor of the Exchequer agreed a settlement with HMRC, including a penalty, raise serious concerns about not just that case but standards in this entire Government. Can the Minister tell us if the vetting process raised flags to the former Prime Minister about the original appointment and when exactly did the current Prime Minister know? Does he know if and how this conflict of interest was managed, and why was it kept secret? Is there no system in place to prevent a person being actively investigated for unpaid tax from being appointed to run the UK’s tax system? Maybe it is that absurd that no one would ever think it would happen. While we understand the confidentiality of the honours process, surely where a serving Minister is blocked, there is an overwhelming case for sounding the alarm. So did that happen and where is the report? If not, why is there a lower bar to get into this Cabinet than there is to get a knighthood?
No. 10 apparently still does not know if other Ministers are in dispute over their own taxes, so what is the Prime Minister doing about it? Last week, he told the House that all questions had been answered and he was told there were no outstanding issues, yet now the independent adviser is investigating. So will he publish the terms of reference, and why does the Prime Minister need an adviser to tell him that this conduct is unethical? If this is not a breach of the ministerial code, surely the code itself is wrong and it is the Prime Minister’s job to fix it.
If the Prime Minister came clean about what he knew and when, and took responsibility for the conduct of his own Cabinet, would we need yet another investigation into another member of his top team? Even now, No. 10 says that the party chair retains the Prime Minister’s full confidence. How can the Prime Minister claim to deliver the integrity, professionalism and accountability that he promised while his Conservative party chair still sits in his Cabinet?
We follow a proper process under the ministerial code. Interests are required to be declared. They are required to be shared through the ministerial code process and discussed with permanent secretaries. I am absolutely confident that the usual process will have been followed in the appointment process by this Prime Minister for my right hon. Friend the Member for Stratford- on-Avon (Nadhim Zahawi). If there are issues to be raised in respect of historic activities, as was suggested by the weekend’s press, that is a matter for the independent adviser to look at. The summary of his findings will be published in due course. Integrity and accountability are critical, as is professionalism, and the Government will wait and hear the facts before taking decisions based on those facts. The right hon. Lady would do well to do the same.
(1 year, 7 months ago)
Commons ChamberIt is a pleasure to open this debate today on behalf of the Opposition. I pay tribute to the work that has already gone into the Bill in the other place. I know that constructive discussions led to positive amendments, and I hope that they will be accepted and improved as the Bill goes through this House. I was a little pessimistic about that following the Minister’s opening comments, but I hope that we can work constructively with what the other place has recommended. As the Minister says, the Bill is an extremely complicated and large piece of legislation, so I hope that we can do that.
We on the Labour Benches recognise the need for a procurement Bill to consolidate the patchwork of former EU rules and to bring the spaghetti of procurement regulations into one place—a single regime. The Procurement Bill is an opportunity to create a coherent rulebook, with one driving aim: to get value for every single penny of taxpayers’ money. We want to deliver better services that meet the demands of the British public and to unlock the world-leading innovation of the UK economy.
I thank all my hon. Friends and Members from all parts of the House who are here today. When most people hear the word “procurement”, they switch off, but I cannot get enough of it. It is absolutely critical to our economy and to our future national prosperity. It accounts for a third of all public spending—more than the NHS budget and double the education budget. When harnessed for good, the power of procurement can drive up standards, pump money back into the pockets of local communities and businesses, create jobs and skills in our towns and cities, and hand wealth back to the people who built Britain.
I fear that the Bill we have been presented with today could miss those opportunities; that the ambition of the proposals before us will not meet the moment, and will not provide answers to the challenges that we face or learn from the mistakes of the past. As it stands, the Bill is a sticking-plaster solution, allowing taxpayers’ money to line the pockets of the well-connected, those with the deepest pockets and the abundance of experts who know how to navigate the system. I want Britain to lead the world on procurement by driving every penny of taxpayers’ money into our local communities, promoting British businesses up and down the country.
There are, of course, some aspects of the Bill that we welcome—in particular the focus on reducing the burdens currently faced by small businesses. SMEs are the backbone of our economy and the current system just is not working for them. Reform is urgently needed. The British Chamber of Commerce found that SMEs are now receiving a smaller relative amount of direct Government procurement spending than they were five years ago. Small businesses across the country are being choked out of the bidding processes, which are complicated and time-consuming. SMEs are competing for contracts against big corporations that have more form-fillers than the SMEs have workers. I welcome the positive steps taken in this Bill, especially as this Government have repeatedly failed to reach their target for SMEs to benefit from 33% of procurement spend.
That being said, there is not enough in this legislation dealing with late payments for SMEs—a practice that, in the current economic crisis, is killing off too many small enterprises in this country. The Minister talks about the trickle-down effect of 30 days, but I do not believe that will work in this instance. I hope he will address that gap in his closing remarks and engage with us in the Committee to improve the Bill in that regard.
I welcome the changes made in the other place to include social value in the national procurement policy statement, but I was disappointed by the scant mention of social value in the original version of the Bill and in the Minister’s opening comments today. Social value is a tool that makes it easier to give money to local British enterprises creating jobs, skills and green opportunities in their communities. It rewards providers who want to build a better society and contribute to our nation’s prosperity in the long term.
This Bill is an opportunity to make, buy and sell more in Britain. It is a chance to give more public contracts to British companies, big and small, so that contracts do not always automatically go offshore, to the giant corporations with the lowest prices, but to businesses creating local jobs, skills and training, maintaining workers’ rights and trade union access. That is what is important and what the social value elements of this Bill need to promote.
My right hon. Friend is making an excellent speech. Returning to the issue of the three fleet solid support vessels, the MOD contract was awarded to a Spanish-led consortium. That in itself was a deeply disappointing decision, but what is even worse is that the Government are not insisting on legally enforceable guarantees from Navantia, the Spanish company that leads the consortium, that the ships will be built with British steel. Does she agree that it is outrageous that we have three key vessels being built without British steel?
I absolutely agree with my hon. Friend. As he says, using public money to make, buy and sell more in Britain can also be achieved through our defence spending and by spending on steel and vital infrastructure in the UK. As the party of working people and trade unions, we in Labour know that, when done well, defence procurement strengthens our UK economy and our UK sovereignty, but this Bill fails to direct British defence investment first to British business, with no higher bar set for any decision to buy abroad.
Labour wants to see our equipment designed and built here. That means our national assets, such as the steel industry, our shipyards and our aerospace. That is fundamental for Labour, and we will amend the legislation to secure it. My right hon. Friend the Member for Wentworth and Dearne (John Healey), the shadow Defence Secretary, made it clear that that is a priority for Labour, when he announced at our conference in September that Labour in government would build the navy’s new support ships in Britain.
As my right hon. Friend the Member for Warley (John Spellar) mentioned, the Conservatives announced that the £1.6 billion fleet solid support ship contract would be awarded to Spanish shipbuilders, meaning at least 40% of the value of the work will go abroad. Ministers have confirmed that there is no limit on how many jobs will be created in Spain and that there are no targets for UK steel in the contract. That is frankly a disgrace and a wasted opportunity, when the use of procurement could have been a force for strengthening our UK economy and our security at the same time.
I hope the Minister is listening and will openly work constructively with me to amend the Bill and ensure that British defence investment is directed first to British industry, as well as carrying out a review of the contract for fleet solid support ships.
I hope the right hon. Lady will welcome the fact that, as a result of the FFS award, we will see revitalisation of Harland & Wolff, we will have additional shipyard capacity and we will be rebuilding the British shipyards left in a dreadful state after the last Labour Government. We are seizing opportunities. It is unfortunate that we have to reskill some of our workers and that we have to use opportunities coming from abroad to ensure that we recreate another yard in the UK as well as supporting Appledore, but it is important that we have the right equipment for our armed forces and that defence can seize those opportunities.
I thank the Minister for that contribution, but he should put it in the Bill. He should work with us to ensure that we build in Britain and support British industry and the steel industry. We discussed earlier today the difficulties that UK industries face, and I believe this Bill does not go far enough to support our industries. I want to see that support and I will happily work with the Minister on that.
The Minister has also pledged to use this Bill to make procurement quicker, simpler and more transparent. We need look no further than the pandemic for the clearest example of why we desperately need a more agile and transparent procurement system. The Tory VIP lane exposed the true weakness in the system, enabling the shameful waste of taxpayers’ money and profiteering by unfit and unqualified providers.
As a result, the Government have written off £10 billion of public funds spent on unusable, overpriced and undelivered personal protective equipment. More than £700,000 a day of taxpayers’ cash is currently being used to store unused gloves, goggles and gowns—enough to pay for 75,000 spaces in after-school clubs or 19,000 places in full-time nursery care.
I am still waiting to see whether the Government will respond to our Humble Address and come clean about the murky case of PPE Medpro, which saw £203 million handed to a company with links to a Tory politician. Will the Minister use this opportunity to confirm whether his Government are still procuring PPE or other goods using the emergency rules enacted during the pandemic?
There is no doubt the pandemic presented a unique situation, placing huge strains on our procurement processes but, while all countries faced similar pressures and shortages, many countries conducted their emergency procurement in a far more open, effective and cost-efficient manner. The Government must learn the lessons of those mistakes, and what better opportunity than within this Procurement Bill?
I wait with anticipation to see how the Government might go about shutting down the VIP lanes, tightening the leash on Ministers’ freedom to award contracts directly and hard-wiring transparency into the system. Instead of straining every sinew to root out waste and cronyism, the Minister is pushing a Procurement Bill that would allow the same mess to happen all over again—handing more power over direct awards to Ministers, not less. I am sure the Tory party’s cronies watching these proceedings will be rubbing their hands with glee at a Bill that puts their VIP fast lane on to the British statute book. I am also sure that former Ministers from previous Conservative Governments, who grasped the opportunity to do the right thing and clean up politics after years of sleaze, will be disappointed by this Bill.
The right hon. Lady is making a point of saying that we are putting in a VIP lane. Where in the Bill does it say that? In fact, it does not. The Bill puts more oversight on the procurement rules to stop anything like what we have seen in the past ever happening again. If she could just point me to the clause, I would be very grateful.
Yes. Clause 41 allows Ministers to use urgency as a new justification for granting direct awards—directly allowing the VIP lane yet again. I ask the hon. Gentleman to look at the Bill and at exactly what that would mean for the future of our procurement. I am sure Government Members, including Ministers, will be disgusted at the billions of pounds that we have seen wasted through that process. I am willing to work with the Government to identify and close those loopholes.
If life and public safety are at risk, does the right hon. Lady really think that there should not be an urgent procurement procedure—particularly one approved by this House—in that situation?
As I said to the Minister earlier, Wales and other countries had emergency powers to do things. It is our situation here that has seen the cronyism and the VIP lane in particular allowing the mates of Tories to get contracts without oversight. I do not believe that we need a system that allows billions of pounds of taxpayers’ money to be awarded to friends of the Conservative party. At the time, many businesses in the UK that had experience of working in that field were shunted out for people who had absolutely zero experience but who—guess what—knew the WhatsApp of a Tory Minister. That is completely unacceptable and the Bill does nothing to prevent it.
The right hon. Lady has taken one point and cherry-picked to emphasise it without looking at the rest of the Bill’s contents. That is why there is a transparency notice and procurement oversight of how we issue it. We are not giving anyone an advantage in our procurement opportunities; we are making sure that there is transparency and that mechanisms are there to hold people to account. Does she not see that?
I will come to chapter 3, which addresses transparency—although, again, I think it is unambitious. Look at what Ukraine does in terms of transparency; it is streets ahead. These are baby steps and are nowhere near enough. The hon. Member needs to look at the situation and at the Bill. It is not ambitious enough for the UK and does not prevent situations in which billions of pounds of taxpayers’ money is wasted, as we have seen under this Conservative Government. The only fast-track lane that Labour would allow would be one for local businesses and enterprises that create wealth in our communities and contribute to a fairer society. The VIP lanes under a Labour Government would be for local businesses bringing innovation and wealth to their neighbourhoods, so social value would be a mandatory part of procurement. I hope that the Minister will look at that.
The Bill also misses a crucial opportunity to introduce real and workable non-performance claw-back clauses to contract design. There are ways of baking such clauses into contracts so that failing providers must return taxpayers’ money above a certain threshold. The current system just is not working; eye-watering waste continues without consequence. Being granted taxpayers’ money is a privilege. When suppliers do not deliver—just as we saw with PPE Medpro—we want our money back, but under the current proposals there is no way of even checking a provider’s past performance. Again and again, local authorities fall foul of the same failed providers as their neighbours.
Can the Minister explain why he is not using the Bill to make past performance a central pillar of our procurement? When I go to a restaurant, I can see past customers’ reviews of the food. Should the same not apply to multimillion-pound Government contracts? The Green Paper mentioned a procurement unit, but that has since been removed and replaced with a vague concept of “procurement investigations”. That toothless proposal will do nothing to crack down on waste or protect taxpayers’ money. By contrast, Labour’s office for value for money, which would be advised by a social value council, would have real teeth to ensure that taxpayers’ money is spent responsibly with regular checks. I hope that the Minister will work with me to strengthen that aspect of the Bill.
I have mentioned chapter 3 of the Bill, which I think is another sticking-plaster solution that misses the opportunity to create real transparency in public procurement. Although I welcome the limited measures the Bill takes to move towards transparency—by obligating authorities to issue a transparency notice before awarding a contract, for example, which the Minister mentioned—those are baby steps that barely scratch the surface of what is required. We must see end-to-end transparency, which means the creation of a public dashboard for Government contracts.
Clause 95 gives an unnamed authority the power to make rules about what procurement information can be shared and through which channels. That is symbolic of the poverty of ambition on display from the Government. The Minister could have used this opportunity to announce a system inspired by Ukraine’s anti-corruption blueprint, a dashboard that guarantees transparency in how taxpayers’ money is spent and bakes trust and integrity into the system. Even under attack from Russia, Ukraine is honest about how it spends public money. What is this Government’s excuse?
The right hon. Lady may not be aware, but the Infrastructure and Projects Authority audits all major infrastructure projects across the whole of Government every year and grades them on a dashboard system, so we already have one.
I say to the right hon. Member that we do not have a system that works. That is pretty clear to me because we can see the disastrous waste that currently happens in the system, and because companies that should be rewarded with contracts are not, while others get around the system.
I think we should go further still by finally shedding light on the amount of taxpayers’ money being shelled out to tax havens. Labour will push for the Bill to introduce full transparency about whether suppliers pay UK taxes, as well as public country-by-country reporting by multinational corporations. A Labour Government would go further by using public procurement to drive up standards of responsible tax, including by asking big corporations and businesses publicly to shun avoidance and artificial presence in tax havens.
Transparency is not just a nice thing to have; it actually saves money. A lack of transparency in the procurement system reduces competition and increases costs, leaving the taxpayer to shoulder the burden, so the adoption of open transparent contracting makes good financial sense. It leads to a more competitive procurement process and, ultimately, to cost savings.
As I said earlier, being granted public money is a privilege, and suppliers should in turn uphold the highest standards in the workplace. The Bill is an opportunity to drive up standards across the economy and ensure that public procurement is used as a means to promote decent work throughout supply chains and to reward businesses that treat their workers right. We must back the workers and the employers who create Britain’s wealth by using procurement to raise the floor on working conditions for all. I hope that the Minister will engage openly in Committee with proposals to include good work and the promotion of quality employment as strategic priorities.
That brings me to outsourcing. This Government have become too dependent on handing away our public services on the cheap, and we are all paying the price. It is ideological and not based on sound service delivery. The Bill presents an opportunity to introduce measures to end the knee-jerk outsourcing trend and to ensure that, before any service is contracted out, public bodies consider whether work could not be better done in house. When I worked in local government, we coined the phrase “not outsourcing but rightsourcing”. That is what a Procurement Bill should facilitate.
The pandemic showed us that a decade of Tory Government had shattered the resilience of British businesses and services and of our local economies. Instead of handing out billions to British firms to deliver services, jobs and a better future, big contracts were given to Tory cronies and unqualified providers. The Tories eroded standards at work, encouraging a race to the bottom.
But it does not have to be this way. From the Welsh Government and London’s Labour Mayor to local governments in Manchester, Southwark and Preston, Labour in power is showing that things can be done better. What we need is a public procurement policy that the public can trust and that will make winning contracts a force for our country’s good. Not more sticking-plaster solutions but a Bill that will restore trust in the way public money is spent.
I was trying to time my intervention for just as the right hon. Lady was finishing her remarks. Before she finishes, does she agree that one of the reasons why procurement is so brilliant is that it has a vital role to play in greening our economy? Again, the Bill does not go far enough on that. In particular, it does not include scope 3 emissions in supply chains, and the Government will not meet their own net zero targets unless they start accounting for those emissions. Does she agree that that is a big hole in the Bill?
Absolutely. I listened to the Minister’s response to the hon. Member’s question earlier, and it showed a lack of ambition. Those of us concerned about environmental factors, as we all should be, are also concerned that the Minister is not putting the necessary gusto into the Bill to ensure that those issues, including meeting the net zero targets, are really factored in. I hear a lot of words, but when it comes to the legislation that will enable us to do that, I do not see the practice being delivered. The next generation will hold the Government to account for the disaster they will be given if we do not act now. We know what the science says and what needs to be done, but this Bill does not do enough to ensure that it happens.
I want a Bill that will restore trust in how public money is spent, will have social and environmental factors in it, and will make British industry the best it can be so that workers in this country get the best they can get. I urge the Minister to use this opportunity to plough taxpayers’ money back into local communities so that we can make, buy and sell more in Britain, claw back our money when it is wasted, and outlaw VIP lanes once and for all.
That is the main point of the Bill, along with moving away from the European approach that essentially favours big business. Also involved is an attitude of Government, for which we can praise the Cabinet Office—particularly Gareth Rhys Williams, who has been absolutely brilliant in running the Government’s procurement and saving billions of pounds for taxpayers. The issue is about not just law but attitude of mind. To answer the point made by the hon. Member for Strangford (Jim Shannon), the Bill will also make it easier for SMEs to be used by local authorities, which will know the local businesses and may know their reputations. That is an important easing.
I would like to see one easing more, although it may be difficult because of some of our international agreements, which may need to be changed. To my mind, it is quite unnecessary to include private utilities in this legislation. Private utilities’ motivation and risk appetite are completely different from the Government’s. Private utilities have shareholders who want value for money and they will award contracts to get the best value for money. They do not need bureaucratic procurement regulations to hang over them. There is scope within the Bill to remove more private utilities from the regime. I hope the Government will use that, both to extract them in future and ensure that the regime is as light touch as possible for private utilities. This is essentially another of the hangovers from the European Union that turned up in some of our international trade agreements because most European utilities are state owned. It is inappropriate and unnecessary for this country.
It may not surprise the House that I disagree with the right hon. Member for Ashton-under-Lyne on social value. Social value is in the eye of the beholder. The right hon. Lady may think that there is social value in trade union rights when it comes to procurement.
I got a cheer from the Opposition Front Bench! I rarely get those, but on this occasion I have. I think giving trade union rights is straightforward cronyism: it is giving money to your mates and ensuring that your mates, who then fund the Labour party, do better out of it. The Opposition like it, and I think it dangerous. No doubt they could think of examples of things I might be in favour of—say, putting into a contract free speech as a social value—that they think are not necessary.
Value for money is fundamental, and I am glad of clause 12(1)(a)—that heroic clause in this great Bill. The right hon. Lady called the Bill a sticking plaster—quite some sticking plaster, running to so many clauses over 120 pages. Elastoplast does not produce sticking plasters of that size, I do not think. The key to procurement must be value for money—it must always be that, because taxpayers’ money is being spent. It is not about “nice to do” things, worthy things or virtue signalling; it is spending other people’s money, which must be spent as well as it possibly can be.
Within that, there may be a case for supporting innovation. Perhaps the commercial decision will be to spend money to innovate and get future savings, so that may be an exception. But that is the only one I can think of, other than where the Bill is absolutely excellent: in excluding those who have behaved badly. They may be foreign actors—there are powers to exclude on national security grounds—or companies that have behaved badly. The issue is of fundamental importance.
I might touch on Bain, which has been excluded from Government contracts for its involvement in the most extraordinary state capture of the South African Revenue Service. Many of us will know about the scandals, fraud and corruption that there have been in South Africa. The Zondo commission looked carefully at what Bain had been doing and discovered that it had been instrumental in state capture. A company with a fine veneer of respectability was involved in facilitating corruption of the worst kind in South Africa. As the Zondo commission reports, more than 2,000 experienced people in the South African Revenue Service, including inspectors, were removed. The Zondo commission said that that facilitated organised crime.
It is only right that this country should be able to stop companies involved in bad behaviour abroad from applying for contracts here. That is made easier under the Bill. The response of Bain, when challenged on this, was particularly poor. It simply attacked the whistleblower, a brave man called Athol Williams, who had the courage to point out what was going wrong. That important benefit will help with national security as well as with probity in our system.
I am at your time limit, Madam Deputy Speaker. I even had an intervention, for which I probably got a bonus minute.
(1 year, 8 months ago)
Commons ChamberIt seems I am the only one who got the memo about Save the Children’s Christmas jumper today.
I am here to spread the message that gingers are for life, not just for Christmas—with the Chancellor of the Duchy of Lancaster as well, of course.
Christmas came early for those on the VIP fast-track lane to get contracts. Many hon. Members on the Opposition Benches are trying to get to the bottom of that and are very frustrated, as are the public. Billions of pounds were wasted and only those suppliers pushed by Conservative MPs and peers got on that VIP fast-track lane. Why are this Government protecting that fast-track lane and not dealing with it in the Procurement Bill while at the same time telling public sector workers to take a real-terms pay cut? That is galling in the public’s eye.
First, in the spirit of consensus, I welcome the right hon. Lady’s jumper and, as a fellow ginger, wholly endorse the sentiments on it.
Order. Look, I know there are problems with not enough Members in and I know people have been told to go long, but this is topical questions. I cannot say on Monday, “Oh, we have to be short today, because there are lots of Members.” We cannot pick and choose. I am working by the rules of the House and we will continue to do so.
The Chancellor of the Duchy of Lancaster mentions the Prime Minister’s response yesterday. The Prime Minister said he was “shocked” to hear the allegations, but the Government have known for 10 months and have been dodging our questions on the murky contracts because they are in a so-called mediation process. Can the Chancellor of the Duchy of Lancaster tell me today what progress has been made on the mediation? Will he commit to publishing any final settlement, and can he set a firm deadline for how long he is prepared to let this drag on before taking legal action to claw back every single penny of taxpayers’ money?
The right hon. Lady knows we are currently engaged in a mediation process, so it would be wrong for me to comment on the specifics, but we have been very clear that that sort of behaviour is not acceptable. If that is found to have happened, we will not hesitate to take action to recover those moneys.
(1 year, 8 months ago)
Commons ChamberI follow the Parliamentary Secretary in thanking those who have spoken in the debates on this Bill, both in this House and in the other place, especially my noble Friend Baroness Smith of Basildon, who spoke for the Opposition. Thanks are also due to all those who have worked on the legislation before us during its passage through the House. I join the Minister in thanking his officials, and so many others.
As the Minister said, Bills do not often go through the House like this. It is testament not only to the affection that the British people and this House feel in recognition of all the royals do for us, but to how we are able to work with our officials to get things through speedily. If anybody wants to study what happens in this House, this would be a really nice way of looking at how Bills go through Parliament—it would be a shorter lesson than some of the other Bills that many hon. Members have been through.
As we know, the passage of legislation through this House is not always simple—and very often, we would say that that is quite right—but I hope we have shown today that where there is consensual and necessary legislation that we need to bring forward, we can act quickly and responsibly. Thank you, Mr Deputy Speaker, and God save the King.
(1 year, 8 months ago)
Commons ChamberI welcome the Chancellor of the Duchy of Lancaster to his place in our first formal debate in the House. I hope that it will be a constructive one. Although there are a great many things that we often disagree about, this Bill is not one of them. It is a simple, straightforward piece of legislation that provides a solution for a specific issue, as he said in his opening remarks.
By expanding the number of Counsellors of State who can formally deputise for His Majesty the King in his absence, the Bill addresses a potential constitutional problem. It is a fact that some aspects of our government machinery rely on the sovereign’s authority. It follows that a form of that authority must always be available to grant formal legal approval to a range of decisions by the Government and Parliament.
Counsellors of State may also perform a number of necessary functions, such as attending Privy Council meetings and receiving the credentials of new ambassadors to the country. Although the Regency Act 1937 sets out the list of Counsellors of State, it is for the King to delegate functions and decide who acts in the role. The Bill is intended to ensure that he can do so from a group of working royals by adding two further Counsellors of State, both of whom are already experienced and well respected in the role, as the Chancellor of the Duchy of Lancaster said. This is not a broader debate about our constitution; it is about the narrow purpose of providing His Majesty with flexibility in who can formally represent him.
The Opposition do not oppose this practical measure. Although the Bill has a narrow focus, I know that hon. Members in this House and the other place have raised concerns about the wider issue of the Regency Act. I welcome assurances from Government Ministers in the other place that only working royals can act as Counsellors of State. That is an important assurance that will go alongside the Bill.
As I have said, the substance of the Bill is simple. It is clear that the existing legislation does not provide a mechanism to expand the number of Counsellors of State, which is now needed due to circumstances that Parliament could not have foreseen when the current Act was passed, so I and my hon. Friends will be supporting the Bill today.
With the leave of the House, I will keep my closing remarks short. We have been debating a Bill that serves one narrow purpose: to ensure that Counsellors of State are available when His Majesty requires one to deputise in his essential duties. I want to mention—I hope I can call him a friend—my right hon. and learned Friend the Member for Northampton North (Michael Ellis). I absolutely miss him and our exchanges, and I absolutely agree with his comments—[Interruption.] That is not to discourage Members currently on the Government Front Bench!
I live for days like this in Parliament. Never did I think when I was young that I would be debating such Bills with such hon. and distinguished Members. I agree with the right hon. and learned Member that online is great, but it is nice to keep some traditions and meet in person. We all recognise that.
The hon. Member for Argyll and Bute (Brendan O'Hara) reminded me of my wonderful experience with Her late Majesty the Queen when I went on to the Privy Council, and we met via Zoom. That was nice. He also mentioned the practicalities of the Regency Act. I hope that one day, when time allows, we can sharpen some of that, but that is not before us today.
As hon. Members in all parties have recognised, the Bill makes a simple and straightforward change to existing law. It will help to prevent a possible future constitutional problem arising and provide the sovereign with sufficient options and flexibility. Labour Members believe that that is proportionate and reasonable, so we support the Bill’s Second Reading.
I also acknowledge the assurances given by Ministers on some of the wider issues that have arisen and thank them and the Palace for the extra clarity that they have provided. I would like to place on record my thanks for their engagement with me on behalf of His Majesty’s Opposition. Of course, we will continue to work constructively in the national interest wherever we can.
I did love the intervention and the response, which was like something from “Love Actually”. [Laughter.] Well, it is Christmas.
It is a genuine pleasure to close a Second Reading debate in which there has been such consensus, and concise consensus at that. At times, as we have seen, that consensus has lapsed into adoration.
One day, maybe—who knows?
As several hon. Members pointed out, the Bill is a necessary short piece of legislation that brings resilience to our constitutional arrangements and does so at speed. It was necessary that we brought a short Bill before Parliament to get the measures through quickly. The reason for that is, as we all know, His Majesty will soon start to travel in the fulfilment of his duties to the country, so we wanted to have things in place as quickly as possible. I am grateful to the right hon. Member for Ashton-under-Lyne (Angela Rayner) for recognising that and paying tribute to the two new Counsellors of State whom we are appointing today and to how respected they already are. She is right to point to the Regency Act and the fact that the royal household has confirmed that Counsellors of State will only be working royals.
I also pay tribute to my right hon. and learned Friend the Member for Northampton North (Michael Ellis). Little can be added to his speech, because there is little that anyone can teach him about the workings of our constitution. He was an illustrious member of the Front-Bench team and an extremely well informed Minister in the Cabinet Office. I know that some of his expertise was brought to bear in the design and drafting of the legislation, and I am grateful to him for that.
I also thank the hon. Member for Argyll and Bute (Brendan O'Hara), who spoke from the SNP Front Bench. He raised a point about the order of precedence. Obviously, the law of succession was changed a few years ago to enable girls born to the sovereign to inherit, but that did not change the existing order of succession. That is why the Princess Royal and the Earl of Wessex feature in the order in which they do. In addition, I thank my right hon. Friend the Member for Ludlow (Philip Dunne) for his remarks and concur with what he said.
I am delighted that we have heard in the debate how the Bill commands considerable support in the House, as it did in the other place. I know that this Parliament will wish to be of assistance and support to our sovereign as he goes about his duties.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).