Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Baroness Evans of Bowes Park and Baroness Wheeler

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

[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.

--- Later in debate ---

[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.