Parliamentary Buildings (Restoration and Renewal) Bill

Baroness Wheeler Excerpts

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

Moved by

[Baroness Wheeler]

1: Clause 1, page 2, line 1, leave out from “Westminster” to end of line 2 and insert “at the earliest opportunity that its work and democratic and constitutional functions can reasonably be delivered in the restored Palace.”

[Baroness Wheeler (Lab)]

My Lords, it is with great pleasure that I open the Committee stage of this Bill. My noble friend Lady Smith—who, as the House will know, was a member of the original Joint Committee and spoke with her usual eloquence and depth at Second Reading on behalf of these Benches—unfortunately has other commitments and cannot be here until later but is very much hoping to join us as soon as possible. Meanwhile, my noble friend Lord McNicol and I are holding the fort.

I am moving Amendment 1 and speaking to Amendment 16, both of which are in my noble friend’s name. It is right that we start today with amendments to Clauses 1 and 2 that aim to ensure and reiterate that the core purpose of the restoration and renewal programme must be to enable the Houses of Parliament to continue to serve as the UK’s primary legislative and democratic institution.

Clause 2 lists areas to which the sponsor body must have regard, but the work of Parliament, legislation and the representative democratic function is not referred to anywhere in the Bill. As my noble friend Lady Smith said at Second Reading,

“That is a serious omission. At no point should the sponsor body … lose sight of that”.—[Official Report, 8/7/19; col. 1675.]


Our amendments seek to remedy this. The House will be aware that, as this project progresses, it is vital that we bring the public and Parliament with us. We must make both aware that the works are imperative not only to preserve this historic building for future generations but to ensure that this country can long benefit from its constitutional role.

By stressing the significance of the works for the sanctity of democracy, we can better demonstrate that the costs and work involved are vital and necessary, and we help address and dissuade notions that this is only for the benefit of parliamentarians. Safeguarding Parliament’s role in our constitution is of vital benefit to everyone in the UK. Through these amendments, this House can do more than send this message; we can ensure that this principle is at the forefront of consideration for the sponsor body as works progress.

Amendment 16 would legislate that the sponsor body must always take regard of the primary democratic and constitutional functions of Parliament during the project. Amendment 1, meanwhile, would ensure that while the decant takes place the aim of the works will be to facilitate both Houses’ return so that their democratic and constitutional functions can be upheld and continued.

The importance of including in the Bill the broad principle that the works must never lose sight of the fact that they are taking place to maintain Parliament as a place of democracy was underlined by noble Lords from across the House at Second Reading. I hope that the Government will agree and bring forward proposals on Report to ensure that this principle is incorporated into the Bill. I beg to move.

[Lord Wallace of Tankerness (LD)]

My Lords, I am happy to speak in support of the amendment that has just been so ably moved by the noble Baroness, Lady Wheeler. It is important we remember that the principal functions of this place are its constitutional, legislative and scrutiny functions. That should not be forgotten. That said, in many of the debates we will have in Committee, we will remember many of the other things that happen in this place. I was going to say it is a village; it is probably larger than that in terms of the number of people who work here. However, at the end of the day, if it were not for the democratic and constitutional functions that take place, most of that other work would not materialise.

Although it is not one I signed, possibly through omission rather than as a deliberate act, the words “at the earliest opportunity” in Amendment 1 are important, because there is an urgency in this: both in starting now and, when the works start, in getting back in as soon as possible. Throughout the whole process, it is important that we try to maintain the pace. We will come later to an amendment I have tabled about timelines. We all know from large public works that there is often a tendency to delay, but I hope that once we get out it will not be very long until we get back in.

[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.

Amendment 1 withdrawn.

--- Later in debate ---

[Lord King of Bridgwater]

There was an intervention that I thought suggested not. If I have got that wrong, I apologise.

It is going to be a massive construction process. I asked my noble friend Lord Pickles—he will not mind my mentioning this—how long he thinks this will take; two years, possibly. Anybody familiar with construction projects in London—I have been, and am at present, quite closely involved with some—knows the likelihood of any construction project in London finishing on time. Your Lordships should come with me to Crossrail and see the problems; the noble Lord, Lord Berkeley, knows better than anybody that this is a major problem. While the construction is going on, how much space will it take up? I asked earlier what happens to all the spoil they dig out. It will all go out by barge. That is a new dimension, but it is implicit recognition of the traffic problems that this might cause.

This is an incredibly difficult issue to talk about, because all sorts of allegations are made about anti-Semitism. I congratulate the noble Lord, Lord Carlile, on his most moving speech, which seemed to me to completely knock on the head the suggestion that anybody who has a concern about this must be implicitly anti-Semitic. I recall the letter written to the Times by the noble Lord and 10 other colleagues, all Jewish Peers, including the noble Baroness, Lady Deech, expressing their concerns about what will happen.

It is obviously going to be a major construction project which will give rise to concern over traffic—about which we have complaints enough at the moment—will deprive a significant area of London’s smallest park of its utility and will go on for some time. I hope those words will echo around Westminster Council. I am not sure whether they will echo around the Secretary of State whose application it is—it will presumably be referred to him subsequently—but it is an unfortunate decision and we will have to see what comes out of it.

My noble friend Lord Polak made the point that we have had terrorism and we do not expect any more problems. However, given the news today about the ISIS attacks and the killing of the Taliban, the idea that ISIS/Daesh has gone away is wrong. Having lived through Borough Market and Westminster Bridge, and having seen the new threats of one kind or another, I must warn your Lordships, from my experience of having dealt with terrorism for too much of my life, that this is a completely new dimension. We never had suicide bombers in Northern Ireland but we will have them aplenty—it is what happened in Kabul today. Given the complete confusion in the whole of the Middle East area, the activities of the different groups and the unfortunate involvement of Israel—a democratic state in the middle of that appallingly unstable and dangerous area—your Lordships will not be surprised to hear me say that, as the hatred, threats and the various problems in the world continue to grow, there is no prospect of a calmer, more peaceful world emerging. In those circumstances we need to move with great care to ensure that we do not increase the risks of more danger.

We know all too well—it is a political point—that the police are finding it hard to cope with the present number of threats, difficulties and disruptions they face. This will not make their lives any easier and, in many cases, the challenges will be even more dangerous.

I add my voice to that of my noble friend Lord Cormack and, although it may be a bit late, I hope the House and the sponsor body will look carefully at the implications of this development as the hugely demanding task of restoring and renewing our Parliament is carried forward.

[Baroness Wheeler]

My Lords, I will make a brief intervention before the Minister responds. The broad sentiment behind Amendments 2 and 21A to ensure that consideration is given to how other constructions could impact on the restoration and renewal programme is fully acknowledged by us. I listened with interest to the comments of the noble Lord, Lord Cormack. I am also a great fan of Victoria Tower Gardens. I particularly enjoy walking through it and seeing “The Burghers of Calais” and the anti-slavery memorial.

However, while I am obviously moved by the contributions of noble Lords on the Holocaust memorial and the Holocaust itself, I am not in a position to comment on this today—I have not been involved in it —but my noble friend Lady Smith has been involved in discussions with noble Lords from all sides of the House.

As the House noted at Second Reading, the Government have chosen not to hand planning issues to the delivery body, as had previously been suggested—my noble friend Lord Adonis raised this point—but none the less it is helpful for this House to consider whether there is a place for the sponsor body to advise on such issues. The comments of the noble Baroness, Lady Scott, raised important issues in relation to this and I look forward to the Minister’s response.

On Amendment 21A, tabled by the noble Baroness, Lady Stowell, the issue of the parliamentary relationship agreement including provision for corporate officers to inform and consult the sponsor body on nearby works is important. The noble Baroness raised a number of important issues and I look forward to the Minister’s response.

--- Later in debate ---

[Lord Berkeley]

My Lords, before the Minister answers, I am a great believer in trying to get as many SMEs to bid as possible, but one has to think about the risks they will be required to take, as well as the conditions of contract and the penalties if it is late. You can imagine one or two big contractors being given the overall responsibility to do this, because they are the only people who can manage the risk. There will be a rush to get this done. Wherever the supply of timber, stone, other materials and expertise comes from, we will have to work very hard if we want to get real SMEs to do this, as so many noble Lords expect. It will not happen unless we work very positively towards it.

[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.