Parliamentary Buildings (Restoration and Renewal) Bill

Baroness Barran Excerpts

Committee: 1st sitting (Hansard - continued): House of Lords
Monday 22nd July 2019 Lords Chamber

[Baroness Wheeler (Lab)]

My Lords, we fully support the amendments from my noble friend Lord Blunkett, which would place a duty on the sponsor body to ensure that all parts of the completed buildings used by people working in them, or open to the public visiting, are accessible, and on the delivery authority to publish a report on how it will ensure that the restored Palace of Westminster is fully accessible to MPs, Peers, visitors and staff with disabilities. My noble friend Lord Berkeley is absolutely right to highlight with his Amendment 17A the importance of provisions for disability access in temporary buildings under the project.

The Government’s response to the Joint Committee promises that,

“the works to the infrastructure of the Palace of Westminster will ensure that the Palace is more accessible for those with disabilities”.

We welcome the shadow sponsor body’s commitment to ensuring that improving access will form part of the vision and strategy, and to aim for access for everyone. However, the term “more accessible” must have the definition and clarity of what actually needs to be achieved as set out in these amendments. My noble friend Lord Blunkett is right to seek a firm commitment in the Bill on what this vision and aim must cover and will mean in practice, and to make sure that the Bill requires the relevant bodies to have a legal obligation to ensure access for those living with disabilities. Of course, there are already obligations in statute, such as the Equality Act, but the Bill needs to make it clear that this is a core intention behind the restoration.

At Second Reading, my noble friend Lady Smith asked the noble Earl to explain the remit of the disability sub-committee proposed by the Government during the passage of the Bill in the Commons. Can the Minister provide any further information on this, or undertake to write to noble Lords on the proposed committee’s work and role?

I would like to raise the important issue of how the R&R programme will interface and communicate with our parliamentary committee structures. The noble Baroness, Lady Scott, referred to this at Second Reading. I would be grateful if the Minister responded to this point. I serve on the Services Committee, which has a special meeting in early September with the R&R team. The committee has been very careful to ensure that the current extensive parliamentary works programme always has a view to what is proposed as part of R&R.

On disabilities, the committee was told at its last meeting by one of the R&R team leaders that currently, only 12% of the Palace has compliant step-free access. The noble Baroness, Lady Byford, mentioned this. The potential for replacing non-compliant lifts in their current locations is limited and when combined with local interventions such as ramps would increase the accessible area only to around 30%. Initial investigations indicate that providing an exemplary level of non-discriminatory access for people with disabilities and limited mobility would require the complete re-provision of lifts throughout the Palace. This is just one aspect of the scale of the challenge the sponsor body has to, and must, deal with.

[Baroness Barran (Con)]

My Lords, I express my gratitude to the noble Lords, Lord Blunkett and Lord Berkeley, and my noble friend Lady Byford for tabling these amendments. The Government are grateful for the opportunity to work with the noble Lord, Lord Blunkett, to bring forward his Amendment 7 today and its improvements to Clause 2(4)(e).

The Bill currently provides that the sponsor body must have regard to the need to ensure that any place in which either House of Parliament is located while the parliamentary building works are carried out, and the Palace of Westminster after the works are complete, are accessible to people with disabilities. It is also already part of the shadow sponsor body’s vision to provide exemplary standards of access for everyone to a restored and renewed Palace—a far cry from the 12% referred to by my noble friend Lady Byford and the noble Baroness, Lady Wheeler. However, we have welcomed the opportunity to work with the noble Lord further on this very important issue.

The Government support this amendment, which specifies that:

“In exercising its functions, the Sponsor Body must have regard to … the need to ensure that … (after completion of those works) all parts of the Palace of Westminster used by people working in it or open to people visiting it … are accessible to people with disabilities”.


In the words of the noble Lord, this is to make exemplary standards of access for everyone, a phrase also used in the vision document for the sponsor body. We consider that this amendment strikes the right balance between ensuring that the sponsor body has regard to the need to make the Palace as accessible as possible for people with disabilities and operating within the parameters of existing legislation, as noted by the noble Lord, Lord Stunell.

To be clear, as several noble Lords mentioned, some parts of the Palace are likely to remain inaccessible. In particular, in the less-visited extremities of the Palace of Westminster the provision of step-free access is unlikely to be practicable. However, Amendment 7 will give members of the public with a disability access to the parts of the Palace they need to access, and parliamentarians, staff and contractors access to the areas they use. In response to the question about how much more of the Palace will be available—which I think was originally asked by the noble Baroness, Lady Smith—I undertake to write to the noble Baroness, Lady Wheeler, on that point and on the point about committee scrutiny, if I may.

Turning to Amendments 17 and 17A on reporting, I must express some reservations. We believe that these amendments reflect concern about the degree of commitment to ensuring disabled access. Given our agreement to Amendment 7, we believe that these amendments are no longer necessary. Amendment 17 would require the delivery authority to lay a report before both Houses, setting out what steps it will take to ensure that the restored Palace of Westminster is fully accessible for people with disabilities. Amendment 17A would require that report to cover any building used temporarily by Parliament during the works, as the noble Lord explained.

As I have already set out, the Government agree that these works are an opportunity to make the Palace more accessible for people with disabilities. That is why the Bill requires the decant locations to be accessible for people with disabilities, and I have just outlined our support for the noble Lord’s Amendment 7 to strengthen that commitment. The Joint Committee on the Palace of Westminster said in its report in 2016 that the two decant locations were recommended not only for their locality and legacy benefits, but for the opportunities they present for greater accessibility. Indeed, it was a key recommendation that:

“All temporary accommodation should be designed with accessibility in mind, and make suitable provision for Members, staff and visitors with a disability”.


Under the Bill, the sponsor body and delivery authority will need to formulate proposals relating to the design, cost and timings of the works. This will form the outline business case, which must be approved by Parliament before the substantive works can proceed. It will include proposals on how the programme intends to make the Palace and the decant locations accessible for people with disabilities, in line with the spirit of Amendment 7. In formulating these proposals, the sponsor body will need to consult parliamentarians. This consultation will be an opportunity for Members to feed in what they feel is required on disabled access, as well as on other important areas such as safety and security, environmental sustainability and value for money. We are concerned that such a report on the specific issue of disabled access alone could reduce clarity and accountability in governance.

Noble Lords will appreciate that a balance needs to be struck between several factors in restoring the Palace. In considering access for people with disabilities, the sponsor body and delivery authority will need to comply with any legal obligations, such as those under the Equality Act 2010 and planning law, given that this is a grade 1 listed building. Any proposals put forward to Parliament for approval will also need to balance the various requirements for the programme, including those specified under Clause 2(4). For the programme to be truly independent of Parliament, the sponsor body must have the freedom to make those judgments. We are concerned that the report prescribed by these amendments could override these other requirements and blur the lines of accountability for different elements of the project. For the reasons outlined above, the Government support Amendment 7 relating to disability access, but have reservations on Amendments 17 and 17A relating to disabled access reporting. I hope noble Lords agree not to press those two amendments.

[Lord Blunkett]

My Lords, my mother told me never to look a gift horse in the mouth. I never quite understood what that meant—especially in my case. Anyway, I am grateful to the noble Baroness and am happy not to move Amendment 17 and to agree Amendment 7, on which we now have consensus.

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[Baroness Barran]

I thank the noble Lord, Lord Blunkett, the noble Baroness, Lady Smith, and my noble friend Lord Bethell for tabling these amendments on education, outreach, modernising the Palace as a workplace and democratic renewal. As the amendments cover a wide range of issues, I shall respond to them individually.

The amendments of the noble Lord, Lord Blunkett, would require the sponsor body to have regard to the need to ensure that the works facilitate future outreach activities, are capable of accommodating future constitutional reforms and promote participatory democracy through the works. The Government agree with the noble Lord that the works should be sufficiently flexible to accommodate any future reforms in either House, be they political or constitutional, and facilitate opportunities for outreach and engagement.

The nature of the work will itself present excellent opportunities. For example, some have suggested this could be a legacy use of the Commons decant chamber, as Richmond House will be incorporated into the permanent Parliamentary Estate and will have flexibility built in to enable a range of legacy uses.

It is a matter for both Houses to determine any reforms to their procedures, and it will be important for the programme to facilitate rather than impede such developments. The shadow sponsor body has explicitly stated that part of its vision is that the programme will,

“Help facilitate any procedural changes that may be requested by either House”.

Any future procedural changes will not necessarily be contingent on the restoration work.

Under the Bill, the sponsor body has a duty to determine the strategic objectives of the works and to make strategic decisions relating to those works. The sponsor body is required to consult parliamentarians on the strategic objectives of those works. These are matters which should be properly considered at that stage, alongside other considerations raised by Members of both Houses, in order for the sponsor body to assess what should be the overall priorities for the programme rather than these being on the face of the Bill; then the outline business case will set out how the priorities will be realised.

As my noble friend Lord Howe has explained, work is already being undertaken by the shadow sponsor board to develop a public engagement strategy. This is being developed in consultation with both Houses in order to deliver on the Bill’s requirement for the programme to deliver facilities for education and for visitors in future. It is part of the shadow sponsor body’s vision to help Parliament to connect people with the past, present and future of parliamentary democracy through engagement with its rich heritage.

The shadow sponsor body has agreed a goal to:

“Help facilitate any procedural changes that may be requested by either House”,

as part of its functionality and design strategic theme, which commits the programme to:

“Deliver a building which supports Parliament’s core function as a working legislature, both now and in the future using high-quality design and technology”.

The shadow sponsor body has also stated in its vision to ensure the building enables public engagement with the proceedings and wider activities of the two Houses. This strategic approach was also endorsed by the Commissions of both Houses in May of this year.

I turn now to the amendment tabled by the noble Baroness, Lady Smith of Basildon, which would require the sponsor body to have regard to the need to create a modern working environment within the Palace of Westminster. The Government agree that the works must take into account not only the requirements of parliamentarians but, as the noble Lord, Lord McNicol, said, of all the staff who work within the Palace, ensuring that their needs and requirements are properly taken into account. As I noted in my earlier remarks in relation to the amendment of the noble Lord, Lord Blunkett, the shadow sponsor body has, as part of the functionality and design strategic theme, a commitment to deliver a building which supports the core function of Parliament as a working legislature, both now and in the future using high-quality design and technology. The shadow sponsor body has already identified this as a key priority for the works. As part of its vision for the programme, the shadow sponsor body is committed that the restored Palace will have a,

“flexible, effective and enjoyable working environment”—

something I am sure all your Lordships are looking forward to.

In turn, this will clearly require the sponsor body to engage with staff. This work is already under way. In late 2018 and early 2019, the shadow sponsor body distributed a questionnaire to all who work in both Houses—Members and staff—complemented by supplementary engagement with teams who have infrequent access to computers. The results of the questionnaire have been considered by the shadow sponsor body and will be communicated to all parliamentarians and their staff in the autumn via the internal newsletter and the parliamentary intranet. The shadow sponsor body has hosted workshops with House staff on current ways of working and been in dialogue with the unions representing Members’ staff—MAPSA, Unite and the NUJ—as well as with the HR teams in both Houses who lead on discussions with staff trade unions. I hope that the noble Baroness and the noble and learned Lord, in whose names the amendment stands, will agree that the fundamental points raised in the amendment are captured in the priorities of the sponsor body in relation to the nature of the working environment and the consultation with staff that needs to underpin it.

Finally, turning to my noble friend Lord Bethell’s amendments on reporting, I must express some reservations. These amendments would require the delivery authority to lay a report before both Houses setting out what steps it will take to ensure that the restored Palace of Westminster provides educational programmes for schoolchildren and opportunities for participatory democracy. The Government agree that these works are an opportunity to build a restored Parliament which provides better educational facilities and opportunities for the public to engage more in the work that we do. Under the Bill, the sponsor body must have regard to the need to provide educational and other facilities. The Bill already provides that the sponsor body and the delivery authority must enter into a programme delivery agreement, which contains,

“provision about the review of the Delivery Authority’s activities by the Sponsor Body”.

A variety of reports will be requested and produced by the delivery authority with regards to the review of its actions by the sponsor body. While this amendment deals with one possible example of such reports, the shadow sponsor body’s preference is to define these in the programme delivery agreement rather than in the Bill.

Under the Bill, the delivery authority will need to formulate proposals relating to the design, cost and timing of the works which reflect the priorities set by the sponsor body. This will form the outline business case, which must be approved by Parliament before the substantive works can proceed. Given the duties placed on the sponsor body in the Bill, we expect that this will include proposals on how the programme intends to develop educational facilities.

As my noble friend will be aware, we strengthened this provision in the Bill in the Commons so that the provision of education facilities is a need rather than being desirable. Furthermore, as part of the shadow sponsor body’s vision for the programme, it is committed to a restored Palace that encourages,

“wider participation in the work of Parliament”.

We are mindful that a balance needs to be struck between a number of factors when restoring the Palace. Any proposals that are put forward to Parliament for approval will also need to balance the various requirements for the programme, including those specified under Clause 2(4). For the programme to be truly independent of Parliament, the sponsor body must have the freedom to make those judgments through thoughtful and creative assessments of the options. Just as in the case of Amendment 13 from the noble Lord, Lord Blunkett, we are concerned that the reports prescribed by these amendments could override these other requirements and risk reducing the clarity of accountability for the works undertaken.

For these reasons we must express reservations about the amendments, but we encourage the noble Lord and others to feed in their views to the sponsor body’s consultation which will be launched once it is established in statute. I hope that on that basis the noble Lord will consider withdrawing the amendment.

[Lord Blunkett]

My Lords, it is getting even later. I am very grateful for the contributions and for the Minister’s response. I think we will return to some of this on Report. I shall reflect on what has been said. I want to pick up two things. The noble Baroness, Lady Byford, rightly drew attention to the fact that the Joint Committee was exercised about the almost dismissive nature of the renewal, as opposed to the restoration, element. That is what has driven me to table my amendments. I am sure my noble friend Lady Smith will reflect on whether she wishes to come back on some of the broader issues.

The noble Lord, Lord Norton, and I first met 50 years ago this October when we took up our places as undergraduates in the same department of the same university. I am always as prepared to listen to him and reflect as I was in the seminars in those days, so I will reflect on his comments in relation to Amendment 13. I shall not move the remaining amendment in my name, but I ask the Minister, as I did earlier, whether over the summer we may reflect on how we can achieve the goals that I think most people set out this evening in a way that ensures that we are a participatory democracy with connectivity in exactly the way that the Senior Deputy Speaker has been endeavouring to spell out in the work of modernising our committees and connecting with the world outside. I beg leave to withdraw the amendment.

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I understand the concerns the noble Lord raises, but this is not the way to address it. We would not support the amendment.

[Baroness Barran]

I am grateful to the noble Lord, Lord Stunell, for tabling his amendment, which, as he explained, would allow a government Minister to become a member of the sponsor body. I also thank the noble Baroness the Leader of the Opposition for reinforcing the point that this is a parliamentary project and that we need to make that clear at all times.

I understand from the noble Lord’s speech at Second Reading that his key concern was about the potential lack of transparency around the Treasury’s advice on the estimates of expenditure, which in turn could lead to delays, waste and extra cost, as well as the need for Treasury buy-in to the project. The noble Lord has again articulated these points clearly tonight. He also stole the next part of my notes when he explained exactly how the process worked. However, I should add—I did not catch the noble Lord saying this, so I hope he will forgive me if I missed it—that the estimate is laid after it has been reviewed by the estimates commission and there has been consultation with the Treasury. The estimate is then laid before the other place for approval, including any comments made by the Treasury. I am advised that this is more transparent than the current estimates process for the funding of Parliament. To be clear to the House, this provides the opportunity for the Treasury to comment on the annual estimate, but it does not provide it with a veto. Furthermore, in terms of approval for the parliamentary building works, the Treasury is not given a role in respect of the outline business case. That is exclusively a matter for Parliament.

At Second Reading and again tonight, the noble Lord argued that a Treasury Minister could sit on the sponsor body, as recommended by the Joint Committee that examined the Bill. The role of the Treasury in this project is as an external party looking inwards, with the ability to review and advise upon the sponsor body’s annual estimates. The Treasury’s comments on the annual estimate will be laid before Parliament with the estimate. Therefore, the advice of the Treasury will be available when the House of Commons considers the estimate, and that provides for a clear role for the Treasury. The sponsor body and Parliament will therefore have transparent access to the Treasury’s views on the value for money and affordability of the project, which I hope addresses the noble Lord’s concerns around the transparency and the timeliness of that advice. Our view remains that, if a Treasury Minister was a member of the sponsor body, it would compromise that and could restrict the Treasury from being able objectively to assess the sponsor body’s annual estimates. In the light of these arguments, I hope that the noble Lord will consider withdrawing his amendment.

[Lord Stunell]

I thank the Minister very much for her reply and the noble Baroness, Lady Smith, for her words of comment on the amendment. She asked whether I trust the Treasury. If I replied yes to that, I would be the only person in this House who did. The Treasury rightly considers itself the guardian of the nation’s purse. In my experience, from both inside the system and looking at it from the outside, it is very rare for the Treasury to say, “Why don’t you take more money? Why don’t you speed up this project?”. I think we can all anticipate that the role of the Treasury in this is to be the gatekeeper of money. It sees that role as reducing the flow of money, particularly if Members of both Houses arguing the case for hospitals, schools, aircraft carriers and goodness knows what else, at the expense of this self-serving project for Members. You can see the national newspapers and media joining in that school.

The idea of someone turning the tap off is real. The only question is whether we have a system where we turn it off at the end of a long process, thus wasting a lot of money and time, or whether we turn it off at the beginning, so that we know we have to take 20 years, not 10 years, because we can spend only £300 million a year, not £500 million a year—as the case may be—in which case, we can design the project on a completely different timescale and get efficiencies that way.

The Minister said that the Treasury’s advice will be published. Yes, it certainly would be, but the question is whether the estimates would have been trimmed as a result of the advice given and the dialogue that goes on. The estimates commission “must have regard” to any advice that it receives from the Treasury. If the Treasury says, “You can spend only £400 million”, and the estimates commission is being invited by the sponsor body to spend £600 million, it is not statutorily in its power to put the £600 million figure on the table in front of Parliament, because it “must have regard” to any advice. The Minister may say that that is incorrect, in which case I should like to have that on record.

I will not pursue this tonight, not just because of the time but because I have no one here who agrees with me. I just say that I think that this is a problem that will come back to haunt us, and I may yet say something at the next stage of the Bill. With that, I beg leave to withdraw the amendment.