Parliamentary Buildings (Restoration and Renewal) Bill

Baroness Evans of Bowes Park Excerpts

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

[Lord Adonis (Lab)]

My Lords, any amendment which improves the Bill is obviously a good thing, but I was not clear from what my noble friend said how this amendment does so. It is not clear to me how the words,

“as soon as is reasonably practicable”,

and,

“at the earliest opportunity that its work and democratic and constitutional functions can reasonably be delivered in the restored Palace”,

are in any way different. Could my noble friend answer that when she responds?

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, I am grateful to the noble Baroness, Lady Wheeler, for moving the amendments in the name of the noble Baroness, Lady Smith. I am also grateful to the noble and learned Lord, Lord Wallace of Tankerness. The Government entirely agree that it is important for the sponsor body and delivery authority to ensure that the R&R works enhance and protect the work of Parliament. This focus is reflected in the fact that the Bill requires that the majority of the members on the board of the sponsor body are parliamentarians.

As part of its strategic vision for the programme, the shadow sponsor body has been clear that restoration and renewal must deliver a building that supports Parliament’s core function as a working legislature both now and in the future, using high-quality design and technology. This includes facilitating any procedural changes that may be requested by either House.

When drafting the Bill, the Government have been careful not to prescribe either what Parliament does or its procedures, as these are clearly a matter for Parliament itself. We are concerned by the reference to the “democratic and constitutional functions” of Parliament in this amendment, as we are mindful of potential legal challenges in respect of the exercise of the powers contained in the Bill. For instance, we must be careful not to unintentionally invite the courts to consider matters that are the preserve of Parliament, such as the question of what the “democratic and constitutional functions” of Parliament are. Doing so could call into question the separation between the courts and Parliament.

Noble Lords will know that the Companion explains that the principle of control by Parliament of its affairs, free from interference by the courts, is often called “exclusive cognisance”. We are concerned that the inclusion of this wording in the Bill could be seen as Parliament waiving the exclusive cognisance of the House, and so we have reservations about the wording of the amendment.

The best way to ensure that the R&R works enhance and protect the democratic and constitutional role of Parliament is to ensure that Parliament has a final say on the plans for a restored and renewed Palace. The Bill sets out very clearly that the works cannot commence until Members of both Houses have approved the delivery authority’s proposal for the design, cost and timing of those works in the outline business case. This will enable parliamentarians to determine whether the designs for the restored Palace and decant enable Parliament to carry out its democratic and constitutional functions. Significant changes to the design, timing or cost will also have to go back to Parliament for agreement. For these reasons, we are confident that the sponsor body will ensure that the parliamentary buildings works enhance and protect the work, and democratic and constitutional functions, of the Houses of Parliament.

Obviously, this is a matter for noble Lords to consider, but as I have set out, we have some legal concerns. I hope that I have reassured the noble Baroness and the noble and learned Lord that the principle behind the amendment will be central to the work of the sponsor body and the delivery authority. I am sure that the parliamentary authorities would be happy to provide further advice on this if needed. I hope that, on that basis, the noble Baroness will withdraw her amendment.

[Baroness Wheeler]

I thank the noble Baroness for her comments. After today, I will look at the legal and constitutional issues that she raised. I am very grateful for her reassurances about accepting the principle. If we feel that we need to reinforce that, we will come back on Report.

In answer to my noble friend Lord Adonis, the “earliest possible opportunity” reference will be taken up in later amendments and so we will respond to that in due course.

I thank in particular the noble and learned Lord, Lord Wallace, for his contribution. With that, I beg leave to withdraw the amendment.

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[Baroness Evans of Bowes Park]

My Lords, I thank all noble Lords who contributed to this debate and my noble friend Lord Cormack for tabling his amendment. Like the noble Baroness, Lady Wheeler, I understand the sentiment behind it and agree that, if planning applications for works adjacent to the Palace were submitted, the sponsor body would clearly need to seek guidance on whether those works might impede the R&R programme and, if necessary, raise objections. Prior to the appointment of the shadow sponsor body, under the House authorities the R&R programme has held annual conferences for neighbours such as Westminster City Council, the GLA, Transport for London, Westminster Abbey and the Metropolitan Police. The sponsor body plans to continue these conferences, in order to update partners on the progress of the R&R programme. Close engagement will continue.

Clause 2(2)(b) already places a duty on the sponsor body to make strategic decisions relating to the carrying out of parliamentary building works, and this would include responding to planning applications that may impede the works. Therefore, while we recognise the importance of the principle behind this amendment, given that this is something that the sponsor body already has the power to do in the relevant circumstances, I do not believe it needs to be prescribed in the Bill.

A number of noble Lords, including my noble friends Lord Cormack, Lord Forsyth and Lord King, the noble Baroness, Lady Deech, and the noble Lord, Lord Carlile, raised particular concerns around the Holocaust memorial project planned to be located in Victoria Tower Gardens, which is run by the Ministry for Housing, Communities and Local Government. I assure noble Lords that, before deciding on Victoria Tower Gardens, the UK Holocaust Memorial Foundation, an advisory board to the MHCLG which has cross-party support and is co-chaired by my noble friend Lord Pickles and Ed Balls, conducted an extensive search for possible locations and considered almost 50 sites in central London. Visibility, accessibility, availability and affordability were taken into account during this detailed process. The foundation identified Victoria Tower Gardens as a potential site for the memorial and, following investigations into its feasibility, recommended it to the Government in January 2016 as the best choice.

My noble friends Lord Cormack and Lord Forsyth, and the noble Lord, Lord Carlile, raised the possibility of the Holocaust memorial being situated at the Imperial War Museum. Noble Lords will certainly be aware that that was carefully considered along with, as I said, many other locations. However, Victoria Tower Gardens was identified as the site capable of meeting the Government’s aspiration for the new national memorial.

A key factor in choosing the location was the visibility it afforded to the memorial. As my noble friends Lord Polak and Lord Pickles said, in the shadow of Parliament, the memorial will encourage visitors to learn about the challenging decisions that our leaders had to make in the lead up to, during and in the aftermath of the Holocaust.

My noble friends Lord Cormack, Lord King, Lord Forsyth and Lord Polak, and the noble Baroness, Lady Deech, all touched on the important issue of security. We are fully aware of the security implications associated with the environs of the Palace of Westminster and are in regular contact with representatives of the Parliamentary Security Department, the Centre for the Protection of National Infrastructure and the Metropolitan Police. We have been advised on physical and operational security measures to mitigate risks and are confident that the proposed site would be secure. Queuing visitors will be confined to the paths immediately adjacent to the memorial itself, and all visitors will require a pre-booked ticket.

Moreover, as my noble friend Lady Altmann said, the planned design will lead to improvements in Victoria Tower Gardens. The vast majority of the public space will be retained and improved, with more accessible seating and a new boardwalk along the embankment.

The noble Lord, Lord Adonis, and my noble friend Lord King asked about the timetable for the project. As my noble friend Lord Pickles outlined, subject to planning permission, work on the site is expected to begin in 2020, with the Holocaust memorial opening in late 2022; that is well before the R&R programme works will commence. A detailed delivery plan has been developed and robust project management arrangements are in place to ensure that it remains on track, with engagement with specialist contractors throughout the course of the works.

[Lord Berkeley]

The noble Lord, Lord King, mentioned the construction time and suggested that it might be longer. He also suggested that the contractors would need quite a lot of the garden for temporary works while they build the memorial. Has the Minister any idea of whether any of the garden will be able to remain open during the construction phase?

[Baroness Evans of Bowes Park]

I am afraid that because this project does not relate specifically to the R&R programme, I do not have that information. But I am sure I will be able to find out and will write to the noble Lord.

My noble friend Lord Cormack raised the issue of the decant. We will come to that in a later group so, if it is okay with noble Lords, I will now turn to the amendment tabled by my noble friend Lady Stowell.

[Lord Polak]

For the record, I forgot to mention that I am a trustee of the Holocaust Memorial Charitable Trust. I apologise for not saying that at the beginning of my contribution.

[Baroness Evans of Bowes Park]

My noble friend’s amendment would obligate the House authorities to consult the sponsor body about major works to the Parliamentary Estate which sit outside of R&R, if they are likely to have an impact on delivering the programme. Noble Lords will be aware that the Strategic Estates team is a bicameral service, accountable to the clerks of both Houses and to the relevant domestic committees. In the case of this House, those are the Services Committee, the Finance Committee and ultimately the commission. At present, the shadow sponsor body sits within the House authorities and under the Strategic Estates team, which means that both parties have a head start in looking ahead and being aware of what ongoing projects might have an impact on R&R.

My noble friend’s amendment is to Clause 6, which concerns the parliamentary relationship agreement that the House authorities and the sponsor body will have to sign once the sponsor body is formed on a statutory basis. This agreement will set out the arrangements to hand over the Palace for decant and to hand it back once the Palace has been restored. It will also cover issues relating to staff transfers, insurance, security and the control of data, among other matters.

In the light of its purpose, we consider that this agreement is the natural place for the House authorities and the sponsor body to determine how they will keep each other informed about ongoing estate works which might affect the R&R programme and provide the clarity that the noble Baroness, Lady Scott of Needham Market, rightly said was important. As this agreement already has to cover “consultation and co-operation” between the sponsor body and the corporate officers of the House, we do not think it is necessary to prescribe in this Bill what that consultation and co-operation should cover.

Ian Ailles and the two clerks currently co-ordinate estates projects through the Parliamentary Estate and public realm oversight group. Once the sponsor body is established, if Parliament and the sponsor body wish for this group to continue to play a co-ordinating role, it would then need to be covered by the parliamentary relationship agreement. In addition, if, over the course of the R&R programme, it became apparent that there was support for current separate House authority estates programmes such as the archives project to fall under R&R, the Bill makes provision for this under Clause 1.

Adding another project to R&R could happen but only with the agreement of the commissions of both Houses, the sponsor body and the delivery authority. As was discussed during this debate, that is precisely the process that is currently being followed to integrate the Northern Estate programme, which includes Richmond House, into the R&R programme. The reason it was not included from the beginning is that the NEP predates important decisions on R&R.

I hope that my response reassures my noble friend, and I ask that he withdraw his amendment.

[Lord King of Bridgwater]

My noble friend kindly offered to write to the noble Lord, Lord Berkeley. Will she confirm that she will put a copy of that letter in the Library?

[Baroness Evans of Bowes Park]

I am happy to do so.

[Lord Adonis]

I take it from what the Leader and the noble Lord, Lord Pickles, have said that these decisions are beyond the point of no return. That being the case, is not this debate a complete waste of time?

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[Lord McNicol of West Kilbride (Lab)]

My Lords, I rise briefly to support the comments and amendments—Amendments 2A, 2B and 16A—of my noble friend Lord Berkeley. The House was made particularly alive to the vulnerability of the estate to fire by the recent incident at Notre-Dame, which happened during the restoration work, as we all know. Fortunately, in many respects, there are provisions currently in place within your Lordships’ House and across the Palace to protect the buildings and, we hope, reduce and mitigate the risks of anything similar happening. Not least, staff are employed to patrol the estate and we have all seen the developments and changes with the fire doors and other advances.

The technological advances and changes over the last decade commented on by my noble friend are something we need to be kept aware of. For the safety of the 8,000 people who work here, the 1 million or so who visit annually and, as has been touched on, the precious heritage of the building, it is imperative that we take any and all further steps necessary to ensure the utmost protection. As he touched on, steps must also be taken to ensure that evacuation procedures are up to scratch in the event of fire. One thing I have noticed as a new Member here is that some of the stairs do not stop at the level above or below, which I find a bit bizarre. Also—I am sure there is a very good reason—I have never heard a fire alarm or test within the building. I am sure it is because I have not been here at the right times, but during the hours of sitting I have never heard a test done on a fire alarm.

In recent years, I understand there have been two major royal palace fires. In each incident, the evacuation procedures meant that not a single individual was seriously injured. Should a fire take place in the royal Palace of Westminster, it will be a far greater challenge to protect all those in the building because of its size and nature. It will be useful for the House to consider what exact provisions will be necessary. I look forward to the Minister’s response to the amendments.

[Baroness Evans of Bowes Park]

My Lords, I thank the noble Lord, Lord Berkeley, for tabling these amendments on fire safety and for his continued interest in this extremely important subject, and I thank all noble Lords who have contributed to the debate.

I assure noble Lords that fire safety is recognised as being of paramount importance. As the noble Baroness, Lady Scott of Needham Market, said, it is very much on the mind and agenda of the sponsor body. It was good to hear that from somebody on that body, which had far more weight than my saying it on her behalf. One of the reasons these works are urgent is because of the alarming number of fires that have been caught just in time around the Palace. This is why we have 24-hour fire-safety patrols, and, more importantly, why full decant is required as soon as possible.

As the noble Lord, Lord Berkeley, said, the tragic fire of Notre-Dame was a stark reminder to us all of the risks to this historic building. There is no doubt that the best way to avoid a similar incident here is to get on with the job of protecting the thousands of people working here and the millions who come to visit, as the noble Lord, Lord McNicol, rightly said. The Bill is clear that the sponsor body must have regard to,

“the need to ensure that those works are carried out with a view to ensuring the safety and security of people who work in Parliament and of members of the public”.

Clearly, this will require the sponsor body and delivery authority to ensure that the Palace is as safe as reasonably practicable from the risk of fire during construction and subsequently in service. Indeed, as the noble Baroness, said, one of the key themes highlighted by the shadow sponsor body is for its vision of the programme to,

“ensure high standards of health, safety and wellbeing and provide appropriate protection for the building and those in it”.

Under the Bill, the sponsor body will be required to lay detailed proposals before Parliament for approval, and the Motion passed by both Houses last year requires that those proposals must include measures to ensure fire safety, among other factors. Clause 7 specifies that no Palace restoration works, other than preparatory works, may be carried out before the sponsor body has obtained parliamentary approval of these proposals. It defines these “preparatory works” as,

“initial design works, and … other works that do not affect the continued functioning of the Palace of Westminster for the purposes of either House of Parliament”.

As noble Lords will be aware, and indeed as the noble Lord said, the current work carried out by the Strategic Estates team to keep this place functioning is operated during restricted timeframes in order for the business of Parliament not to be affected. For example, the ongoing work on the cast iron roof programme can be conducted only when the House is not sitting and work must be stopped immediately if a complaint is made on grounds of noise by an MP or Peer. This sort of example highlights the need for swift progress to be made in decanting both Houses so that the sponsor body and delivery authority can get on with R&R, including the installation of the necessary fire-detection and prevention measures.

The Bill requires at Clause 6 that Parliament and the sponsor body enter into a parliamentary relationship agreement, which will contain commitments around the safety of the Palace, including mitigating fire risks. The noble Lord, Lord Berkeley, spoke on 25 April and at Second Reading on his understandable concerns about the fire safety of the Palace prior to the works beginning. Until the Palace is handed over to the sponsor body, the House authorities remain responsible for fire safety and have put in place a number of measures to protect the Palace and the roofs, as he mentioned, in particular.

As the noble Lord will be aware, Parliament’s fire safety strategy sets out particular requirements that will need to be considered as part of restoration and renewal. This includes the installation of a full water mist or water sprinkler system, although, as the noble Lords, Lord Stunell and Lord McNicol, said, we also need to ensure that we are fleet of foot with respect to technological advances. Already, the current fire safety improvement project has installed a water mist system throughout the basement, and it is operational. This was following lessons learned from the devastating fire at Glasgow School of Art, where the sprinklers had been installed but not turned on.

In addition, fire safety improvement works include having automatic smoke detection systems in most of the roof spaces across the Palace, and coverage of the remaining spaces will happen by December this year. The House authorities have also compartmentalised the roof space and extended the regular fire safety patrols to include the roofs. In the Palace more generally, as the noble Lord, Lord Berkeley, said, there are now more than 700 fire doors in operation and strict requirements for all contractors to abide by the highest fire safety standards. I can reassure all noble Lord that those high fire safety standards will continue to apply throughout the works. In his amendment, the noble Lord, Lord Berkeley, makes a specific point about the fully automatic fire alarm system achieving the L1/P1 standard. I am aware that this level of detection is already written into Parliament’s fire safety strategy requirements.

Turning to his amendment regarding evacuation of the Palace, and the observations of the noble Lord, Lord McNicol, at present, the fire risk management team carries out evacuation drills of all parliamentary buildings once a year; the Palace itself is evacuated twice a year. However, I accept his comment that it has proved difficult to stage these evacuations while the House is sitting. There have been previous evacuation trials involving volunteers in the Chambers and Committee Rooms; we will obviously continue to work to make sure that we do the best we can in this regard and, if there is more that can be done, we will look into it. Furthermore, it is expected that as part of the design works for R&R, the principal designers will use specific computer software to model evacuation routes, capacity and timings.

I cannot stress enough the importance that we place on fire safety. I hope the noble Lord will recognise that in the answers I have given. I fully support the principle of his amendments but, in light also of the comments from the noble Baroness, Lady Scott, we do not believe they need to be, or should be, included in the Bill. This is an extremely important issue and something that will be covered in the parliamentary relationship agreement, which we believe is a more appropriate vehicle for this kind of information. I hope that, in the light of my comments, the noble Lord is to a degree reassured. I assure him that we will continue to have this as our highest priority.

[Lord Berkeley]

My Lords, I am grateful to the Minister for her comprehensive response. I am much more reassured than I was before, but not totally reassured. I will keep watching this. I am grateful to noble Lords who have spoken, including the noble Baroness, Lady Scott, for putting me right on one or two things. That has been useful. I am also grateful to the noble Lord, Lord Stunell, who has had first-hand experience in this area.

I said that my amendments were probing, and of course one should not put particular technological solutions in a Bill like this because things might move on, as noble Lords have said. The key point is to have a debate about these issues and for the Government to be aware of them.

Corners can still be cut in any building. I recall that when I was first in your Lordships’ House, a long time ago, I had locked myself out of my house and so slept here, in the family room downstairs. I had a very comfortable night but in the morning I went to see the then Black Rod and said, “You said you patrolled everything once an hour”. He said, “We must have patrolled the family room”, but I said, “Well, the door squeaks so I would have heard it. I just don’t believe you”. People cut corners; that is human nature. So, in addition to the patrols, detection and suppression is vital.

I pay tribute to the work that is going on to get into this. We have to keep going and make sure that as work moves forward these issues are taken into account, as well as the evacuation. I am grateful to all noble Lords who have spoken and beg leave to withdraw the amendment.

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Moved by

[Baroness Evans of Bowes Park]

3: Clause 2, page 2, line 17, leave out from “Authority” to end of line 21 and insert “, when considering the award of a contract in respect of the carrying out of the Parliamentary building works, to have regard to—
(i) the prospective contractor’s policy relating to corporate social responsibility, and(ii) the prospective contractor’s policies and procedures relating to employment (including in relation to the blacklisting of employees);”

[Baroness Evans of Bowes Park]

My Lords, I shall speak to the two amendment in my name and that in the name of the noble Lord, Lord Blunkett. Noble Lords will be aware that an amendment was tabled by Chris Matheson on Report in the other place imposing a duty on the sponsor body to require the delivery authority, when allocating contracts for construction and related work, to have regard to the company’s policies on corporate social responsibility, including those relating to the blacklisting of employees or potential employees from employment. This was opposed by the Government due to existing legislation on blacklisting, and because we considered it more appropriate for these matters to form part of the programme delivery agreement between the sponsor body and delivery authority. The amendment was passed but had defects—namely, that policies on blacklisting are employment policies, not, strictly speaking, matters of corporate social responsibility. We are therefore tabling this amendment in order for the spirit of the original amendment to remain in the Bill while ensuring that it is appropriately drafted.

This amendment will ensure that there is a duty on the sponsor body to require the delivery authority, when considering the award of a contract in respect of the carrying out of the parliamentary building works, to have regard to the prospective contractor’s policy relating to corporate social responsibility and its policies and procedures relating to employment, including in relation to the blacklisting of employees. We have worked with colleagues in the other place on this amendment and they are content with this change of wording.

The second amendment in my name relates to the reporting of contracts and fulfils a government commitment made in the other place. On Report in the Commons, MPs debated an amendment requiring the sponsor body,

“to undertake, and publish, an annual audit of the companies that have been awarded contracts for the Parliamentary building works, with a view to establishing their size and geographical location”,

which was tabled by Meg Hillier. It was clear that such an amendment commanded support on all sides, and the Government agreed to bring an amendment on the reporting of the awarding of contracts to your Lordships’ House. Schedule 1 of the Bill already requires that the sponsor body must prepare and publish a report once a year on the carrying out and progress of the parliamentary building works. The amendment requires that that report includes information about persons to whom contracts for carrying out the works have been awarded, particularly their size and the areas in which they operate. We believe that the amendment fulfils the spirit of the amendment debated in the other place while being appropriately drafted and included at the proper place in the Bill. Again, in proposing this amendment we have worked with colleagues in the other place who are supportive of the wording. I hope noble Lords will support both amendments in my name.

Finally, I thank the noble Lord, Lord Blunkett, for tabling his amendment on ensuring that R&R provides opportunities for businesses across the UK. The Government have always sought to encourage the shadow sponsor body to give thought to how the delivery authority will engage with SMEs and businesses across the UK in restoring the Palace of Westminster. That is already happening on other projects on the parliamentary estate, such as the work on the restoration of Elizabeth Tower. The shadow sponsor body is committed to creating economic opportunities across the UK, and, once it is established in statute, we expect to continue this commitment. Once the R&R programme is under way, parliamentary committees will no doubt want to scrutinise the work of the sponsor body and the delivery authority, including what opportunities have been created across the regions.

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[Baroness Wheeler]

My Lords, I am pleased that this group of amendments is being debated here today to deal with the responsibilities the sponsor body will have, in particular those relating to the contracts to be awarded. I thank the Minister for the Government’s Amendment 3 on the social responsibilities of the sponsor body, which fulfils their promise in the Commons to address the concern raised by my honourable friend Chris Matheson: that contracts have regard to the prospective contractor’s policy on both CSR and employment policies and procedures. The company’s wider attitude to social responsibility has to be a key consideration when awarding contracts.

On employment practices, we welcome the specific reference to companies that have undertaken blacklisting activities which will lead to their exclusion from consideration. This shameful practice has previously seen businesses compile files on thousands of workers, recording details of their political and trade union activities to prevent them gaining employment in their respective trade. Sadly, there is evidence that blacklisting has remained rife in recent years, and this is an important step not least because many construction staff currently working on building sites are employed by businesses which have previously been convicted of such unlawful behaviour. In such a prestigious project as R&R, it is important that Parliament makes a stand and warns businesses that if they neglect their social responsibilities, are not up to scratch on their employment practices or engage in illegal blacklisting, they will not play a role in restoration and renewal projects and will not be awarded contracts.

I fully support my noble friend Lord Blunkett’s Amendment 9. He is right to underline that the economic benefits of the work have to be available in all areas of the UK. This was again a key theme from noble Lords at Second Reading. We must make it clear that this is a project for the whole country and that all the rewards, including for businesses, are felt in all areas. I particularly endorse the comments of the noble Lord, Lord Shipley, and the noble and learned Lord, Lord Wallace, on skills and apprenticeships, which was also a familiar theme at Second Reading.

In summary, government Amendments 26, 27 and 30, placing a duty on the sponsor body to include information on contractors’ size and areas of operation in its annual report, are welcome and will help to provide the transparency and accountability needed. Finally, on employment-related issues and the importance of ensuring full staff consultation on the R&R programme and project, at Second Reading my noble friend Lady Smith asked the noble Earl to confirm that there would be full engagement with staff and their representative unions. I would be grateful if the Minister confirmed this and reassured the House that the Government fully recognise its importance.

[Baroness Evans of Bowes Park]

I am very grateful to all noble Lords who have contributed to this short debate. I am also grateful for the support for these amendments from across the House. A number of noble Lords raised the issue of procurement and contracts. This is the very reason why we are setting up the independent sponsor body and the independent delivery authority, which have the experts and expertise to ensure that SMEs around the country can take advantage of this. We believe that setting up these bodies in a timely manner is exactly the best way to ensure that the benefits of this project are felt around the country, notwithstanding the concerns of the noble Lord, Lord Adonis. We very much look forward to ensuring this project has the buy-in of the regions and workers across the United Kingdom because it will be a fantastic project. I hope we will also see regeneration of skills apprenticeships in key areas. I am very grateful to noble Lords for their support for these amendments.

Amendment 3 agreed.