Parliamentary Buildings (Restoration and Renewal) Bill (First sitting)

Chris Bryant Excerpts

Committee Debate: 1st sitting: House of Commons
Tuesday 4th June 2019 Public Bill Committees

[Kevin Foster]

Certainly our intention would be for the Sponsor Body to take responsibility for the full process of the works on the estate, and, again, the way that clause 1 is drafted allows that to be extended if necessary.

The overall push of the Bill is to create the legal mechanism for delivery of the project, and I will be clear that the alternative to not having clause 1 stand part of the Bill, and indeed to not having this Bill, would be that the House Commissions would try to deal with things separately, in a way that would neither deliver value for money nor provide clear accountability.

[Chris Bryant (Rhondda) (Lab)]

I think that what the Minister was probably moving towards suggesting is that there is no intention to hand the building over until such time as a full set of plans has been produced, the House has approved a budget and all the rest of it. In other words, that is some considerable way down the line. In the meantime, surely we have to do what patching and mending we still need to do to make sure that our staff are safe and that we can continue to do our work as effectively as possible.

[Kevin Foster]

I thank the hon. Gentleman for his timely intervention. He is absolutely right that passing the Bill does not hand over the Palace of Westminster immediately to the Sponsor Body. That will happen after a further stage of parliamentary approvals, when we will look to approve estimates and budget plans, and also make choices, bluntly, about what we want to spend and what we want to get from the Sponsor Body. That is when the Sponsor Body will take responsibility for the building, subject to the plans to bring us back to it in due course.

I will make one point, and I know the hon. Member for Rhondda will agree. He talks about our still having to spend money to patch and mend, and, yes, money is still being spent every day. I am very clear that doing nothing is not a choice. The choice is either to do something that might put this building into fit use for the future, or to continue to patch and mend, knowing that we are not mending the building and that it is getting worse every day.

In particular, the potential for a serious fire, or a disastrous fire at the level that we saw at Notre-Dame, cannot now be ruled out. Although the building is life safe—we can make sure that we can keep people safe—we cannot give any great guarantees about what would happen. If anyone takes a visit down to the basement, they only need to look at the many decades of wiring, pipes and other things passing over, plus some of the voids within this building, and the design of it from the Victorian era, to know that that would not be how we would build a fire-safe building today.

With that, I recommend that the clause stand part of the Bill.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2

The Parliamentary Works Sponsor Body

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[The Chair]

We will have a stand part debate on clause 2.

[Chris Bryant]

On a point of order, Sir Gary. Rather than several of us making four speeches, might it not be better to have just one debate on all the amendments to the clause and vote on them at the end? Might that be a little briefer?

[The Chair]

That is a very good point. We have a number of amendments tabled by different individuals. I look to Meg Hillier. Are you content?

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[Mr Prisk]

The hon. Lady is nodding. That is extremely encouraging, because my worry is that we might get into a game between the Sponsor Body, the Delivery Authority and hon. Members from across the House about who gets what quota, which would then ratchet up the cost and distract from the central purpose.

Those concerns notwithstanding, the principles under- lining the amendment are good. There may be a good argument for tweaking it, about which I am sure that the Minister will respond. It is crucial that we talk about and show this to our constituents as something for the whole of the United Kingdom, for every trade and craft, and for every business, large and small. That is why the sentiment of the amendment is commendable.

[Chris Bryant]

I wholeheartedly support the fact that the Bill is finally before Committee, and regret that it has taken so many years, not only under this Government, but under previous Governments, to get to this point. I wholeheartedly support the idea in the clause of handing the work over to a Sponsor Body, which in turn has an arm’s length body—a Delivery Authority—because that is probably the only way to stop us lot from continually meddling with the project.

Every building contractor always says that they want a good client. A good client could mean one of two things. Either it is someone who continuously changes their mind about what they want, which means that the price goes up and up—that is good for one end of the equation—or it is someone who makes up their mind at the beginning, decides what they want and sticks with it right through to the end, and ends up with a project delivered on time and on budget.

I desperately hope that we will end up as the latter and not the former. I fear that we, both individually and as a House, may find it far too tempting to keep on meddling with the project, which is why it is really important that we do it this way. If someone ever wanted to know why handing over to an arm’s length body is particularly important, they would simply have to look at what happened after the fire in 1834. Caroline Shenton’s book on that is masterful in showing how terrible self-opinionated and self-aggrandising MPs can be, of which I am glad to be a fine example.

I warmly congratulate my hon. Friends the Members for Hackney South and Shoreditch and for City of Chester on their amendments, which are important for different reasons. I will address only amendment 14. I completely agree that, in delivering the work, which will be one of the most important infrastructure projects in the country for many decades, costing many billions of pounds, we need to ensure that there is a benefit for every part of the country. I am not denigrating the pros—I think it important that the project goes ahead for all sorts of different reasons, which have been referred to elsewhere.

However, the single biggest difficulty will be having enough people with the skills to be able to do the work. I simply do not think that, if we just hope that that will happen, these people will materialise from nowhere. I am not going to use the B-word in this debate, but I simply note that the building industry in this country has been heavily dependent over the past 15 years on workers from other countries in the European Union. We will want to make sure that we still have access to those people in future.

The bigger point is that when Wembley was rebuilt, large numbers of workers from the Rhondda worked on the project. Crossrail has large numbers of people who travel up every week. They come up very early on a Monday morning and go back on a Thursday evening. I want to make sure that that happens on this project as well, but that means several things.

First, some kind of parliamentary building academy is needed in many different parts of the country to make sure that we have the specific skills that we need for this project, especially considering the fact that Buckingham Palace will be going through a similar project at a similar time. Some of the skills that we will need simply do not exist in the main in this country any longer. If you want somebody to build a drystone wall—we will not need them here—you will pay over the odds because very few people now have that skill and it will take a long time to get 100 metres done, unlike 100 years ago. [Interruption.] I am not sure whether the right hon. Member for Clwyd West is offering to come and mend my drystone wall for me, not that I have got one.

[Mr Jones]

I can assure the hon. Gentleman that there are any number of drystone walls in north Wales.

[Chris Bryant]

They are not very useful for this project, but there may be stonemasonry skills that could be very important for this building. It is interesting that the recent work on the cast-iron roofs and the stone courtyards has drawn in pretty much all the skilled labour in this field in the country. If we are to deliver this project on time and move out in 2026 to 2027, we will have to train people by that time. That is why the amendment in the name of my hon. Friend the Member for Hackney South and Shoreditch is as important as any other tabled today.

My final point on the clause relates to the education centre. One of the problems is not only that the building has to come down in a couple of years—it has permission for only 10 years and that piece of land will probably be a major part of the building site that will be needed for the project—but that Victoria Tower is no longer fit for purpose for the Archives centre. The photography room in the Archives centre has never worked, which is why a lot of the really valuable photographs are now in danger of decaying—because they are a fugitive technology. We are not keeping the historic rolls well. They are in the right order, but they are not kept separately, which is why they are jumbled on top of one another.

All that is a good reason why there must be a serious legacy at the end of this project. I very much hope that that is an education centre, which retains the Archives here on site so that people from our constituencies and from around the world can fully understand how democracy has been advanced on this site since 1258.

[Neil Gray (Airdrie and Shotts) (SNP)]

I am pleased to represent the SNP on the Committee. It is also a pleasure to follow the hon. Member for Rhondda, with whom I served on the Joint Committee. He eloquently put forward some of the arguments that we heard in evidence and that were reported on three years ago in relation to the warnings about access to skills. I hope the Government will look at that at this late stage and take heed as the project continues.

I wish to be brief this afternoon—particularly on this group. I should say that I am also a member of the shadow Sponsor Body. I support the amendments. I will not reiterate the fine words that have been spoken in support of them, particularly by the hon. Member for City of Chester, who put forward the case on blacklisting very strongly, except to say that the parliamentary authorities took some heavy criticism on the letting of the Elizabeth Tower contract, because of that particular company’s history on blacklisting. Parliament should not be seen to condone such despicable employment practices again.

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[Gareth Snell]

Thank you very much, Sir Gary. It is a pleasure to serve under your chairmanship.

Before I touch on ceramics, as predictable as I am becoming in this place, I want to lend my support to amendment 2, in the name of my hon. Friend the Member for City of Chester. We know that trade union-recognised bodies tend to be safer and that their staff tend to be happier and to get jobs done more quickly and on time, because they have a reputation to work with. We also know—this is linked in part to new clause 1 and amendment 14—that where trade union bodies are involved in the construction industry, modern-day slavery is less prevalent.

I mention that because the construction industry will freely admit that it still has a problem with tackling modern-day slavery through gang labour. The best intentioned commissioning and procurement cannot guarantee what the layers of sub-procurement down the chain will deliver. A trade union-recognised employer would be able to work with supply chains to ensure that we do not unwittingly propagate modern-day slavery through the procurement and commissioning of large-scale infrastructure works linked to this place. There are already recorded instances of public bodies, without prejudice, finding themselves receiving services from people in modern-day slavery because of the way contracts are subcontracted out.

I support my hon. Friend’s amendment 2 because, by involving trade unions with employers at an early stage of large projects, we can ensure not only that we put our money into the fabric of the building, but that we put our values into the building. That has to be an important part of how this building moves forward.

I turn to the ceramics industry. My right hon. Friend the Member for Alyn and Deeside mentioned the sums that are already being spent to keep the building going. Many hon. Members will have seen that the Minton tiles in Central Lobby, which were originally made in my constituency—in fact, by one of my predecessors, the Member for North Staffordshire in the 1870s—are being replaced, one at a time, by a wonderful company called Craven Dunnill. Where we already have skilled people on site doing remedial work, they ought to be involved in conversations now so we can work out what skills they can bring forward and how the procurement and commissioning process can be best placed. I do not mean that in the sense of helping them on a commercial basis, but they will be able to tell us what they can and cannot do and what the scope of the industry is. Because we already have a contractual working relationship with those companies, we have nothing to fear about the credibility of the advice they give.

That is why amendment 14 in the name of my hon. Friend the Member for Hackney South and Shoreditch is so important. The ceramics industry in Stoke-on-Trent can make us pretty much anything we ask for, but I would wager that very few people know that. Yes, it can make tiles, teapots and tableware, but advanced ceramics is now a wonderful way of replacing metalwork—not that I have anything against metalwork, but ceramics are longer standing and have a greater tolerance for stress. There is an opportunity to build in—[Interruption.] Well, I am not quite on commission—if I were, I would declare it.

My point is that there are sectors of the UK economy doing wonderful work that many of us do not know about. Unless we ask them up front what is possible through the procurement process, we may end up doing what, I am afraid to say, often happens with the military: they decide they want something, so they buy that something. What they actually want is something that can do a certain thing, but they do not think about what else is available. Considering what we hope to achieve at the end rather than what we want to buy may create greater scope—

[Chris Bryant]

My hon. Friend makes a good point. One of the problems in the building is that nobody has yet managed to count correctly the number of brass windows we have—it is either 4,800 or 7,200, depending on who we believe. Nobody makes those windows today, so somebody is going to have to start training people soon to try to replace them. It is the same in ceramics.

[Gareth Snell]

My hon. Friend makes a fair point. If we want something in the wall that will let in light, and that will let in cool air when it is hot and keep out cool air when it is cold, does it have to be a brass window of that design? Is there some other way of doing things? [Interruption.] We could do it in ceramics, but that might be slightly dark in daytime. We have not quite got transparent ceramics yet. The way we think about the outcomes will be important in shaping the procurement process. That is something that the Sponsor Body ought to be considering now, but with the industry alongside it, because nobody is better able to tell us what it can do than the industry itself.

I want to make a brief comment in support of amendment 14. The Public Services (Social Value) Act 2012 is a wonderful piece of legislation. It started as a private Member’s Bill, and it has allowed procurement and what we are actually paying for to be revolutionised. I urge the Government, when it comes to the point of working with the Sponsor Body, to frame how procurement should work. Yes, the cost—the value of the things that we are buying—is important, but the additional value that we can derive through the Act in the procurement process, in terms of opening up this vast investment to skills, new technologies, and research and development in different parts of the country, may have a lasting legacy beyond the jobs and employment contracts, which are very transactional. It may genuinely root changes in communities, which will benefit from this place. I will therefore be supporting the amendments.

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Some Members made comments about what the Government should remember when delivering; this Bill is the Government facilitating Parliament’s will. This is not strictly a Government project; this is not something that a Government Minister will directly be the client for, as perhaps in other major projects that we may look to have. This project would be one where the Sponsor Body, having been established under this legislation, will engage with the Government but where Parliament is driving the project overall. I want to be clear about that.

[Chris Bryant]

I am afraid that the Minister’s argument may be strongly supportive of the amendment in the name of my hon. Friend the Member for City of Chester. Clause 2 already lays out several things that we consider to be so important that we put them in the Bill, such as disabled access and the fact that we will return to the building. Why should this not be one more?

[Kevin Foster]

Most of the things in the Bill are statutory, but we do not go through in detail each piece of environmental legislation or health and safety practice that we would expect. That is where the statutory obligations need to be complied with.

I am conscious of the comments about the ability to secure contractors; at this stage, this amendment is not one to put in the Bill. We believe there are other more appropriate ways to ensure, via the Sponsor Body and with strong parliamentary representation through the three members present in this Committee, that these areas come in. Again we could look at, for example, subsection (4)(b), which stresses having

“a view to ensuring the safety and security of people who work in Parliament”,

but does not go on to specify individual areas.

I suggest that this would be better picked up through the parliamentary relationship agreement and the programme delivery agreement, with other areas that may be items where Parliament might not necessarily have statutory responsibility, but would not wish to see the works associated with it, given the obvious impact—I accept that if Parliament was engaging with contractors who were engaging in blacklisting, that would have a strongly negative impact on Parliament and its reputation.

I come on to new clause 1, requiring a report once every six months. The Government consider that unnecessary. Under schedule 1, the Sponsor Body is required to produce for Parliament, at least once a year, a report on the progress of the parliamentary building works. Ultimately, the content of those reports would be a matter for the Sponsor Body, but we would expect them to include details on what contracts had been awarded.

As with the previous amendment, we feel that the programme delivery agreement would be a better place to specify such requirements, rather than the Bill. Not only the parties to that agreement, the Sponsor Body and the Delivery Authority, but I am sure hon. Members across this House—in terms of how we hold to account the parliamentary members of the Sponsor Body—will be interested in how that process works and in ensuring a regular flow of information.

The Bill puts in place the necessary governance arrangements to undertake the parliamentary board works. Given that the governance arrangements create a stand-alone body, we consider that matters such as the reporting of contracts should be for the Sponsor Body and the Delivery Authority to consider, rather than being prescribed by Parliament in primary legislation at this stage.

Moving on to amendment 3, I share the hon. Gentleman’s passion for having good educational facilities on this parliamentary estate. They are part of what we are and part of ensuring that a future generation can find out about Parliament. We will not necessarily prescribe in this project that we rebuild exactly the same facility as we have now; there are some incredibly exciting opportunities to create spaces, for example for the Youth Parliament, which at the moment can only realistically meet on the estate when we are not sitting in one of the Chambers. What opportunities might be provided by having had a decant period that creates a new facility that the Youth Parliament and other citizens might be able to use, and by generally having a better facility?

However, while I hear suggestions of future amendments that I would not reject the Government’s considering on Report, the way the thing is structured is that “need” relates to those things for which there are statutory responsibilities, such as health and safety, security or disabilities. There is no concept of Crown immunity applying to this project. The project will be required to make reasonable adjustments for disability access—again, within the confines of working within a building that is Grade I listed and where virtually every corner has a moment of history associated with it.

My hon. Friend the Member for Bury St Edmunds and I were reflecting earlier on the cupboard where the suffragette hid in 1911, which, it is safe to say, is not in its greatest setting at the moment and does not allow for any particular use of it for educational purposes, despite its significant role in history.

[Chris Bryant]

You can’t move it.

[Kevin Foster]

We can’t move it, but I understand it has a computer server in it; it is hardly the most fitting compliment to shove a computer server in the room. Those are the sorts of areas where we can look at how we expand the wider role in education.

I cannot imagine that Members of either House would endorse a programme of works or an estimate that did not include a clear provision for educational facilities in the final building and in the decant option. In the wording of this particular clause, however, by using “desirability” for this and other facilities, it is the Government’s perspective that the Sponsor Body has a direction, but also some flexibility. The other facilities that we might have considered sensible 30 years ago may not necessarily be the other facilities that we consider sensible today. For example, 30 years ago it would have seemed sensible to put in a large number of public phone boxes, but a facility to charge a mobile phone would have been completely irrelevant to all but the wealthiest of people visiting the House. Now, we would take the view that the balance would be the other way round.

[Kevin Foster]

That is why the face of the Bill is balanced. While these are not statutory obligations—there is no statute saying or implying that we have to have it—having it down as desirable reflects that. I am looking in Sir Gary’s direction, but the amendments before me are the ones on the amendment paper and the ones we are considering. There is no manuscript amendment or any other proposed amendment at this stage, but I would not rule out looking at this issue again on Report, if a proposal is brought forward. We would be happy to work with colleagues if there is a feeling that this provision should be strengthened.

To respond to the question about relevance, it is on the face of the Bill—it reflects desirability. I accept that ultimately some of the facilities—not the educational ones—will depend on balancing many competing priorities, including the very pressing need to preserve the heritage of this building.

[Chris Bryant]

I think the Minister is saying that if the amendment that was suggested as a potential manuscript amendment were available to us, then he would be in favour of it. Can he commit to bringing that amendment forward himself on Report?

[Kevin Foster]

While I thank the hon. Gentleman, I am clear that this is a parliamentary project. The Government will seek to defend their interest as this Bill goes through, but it would not be our intention to bring forward Government amendments, except to deal with matters specifically relating to the Government’s role. However, we would look kindly at something a bit later. If a Back-Bench amendment were brought forward—particularly if Parliamentary Counsel were involved—we would not inherently move to object, but that is something upon which to take advice.

At this stage, the wording of the Bill as it stands gives Members what they are looking for; the desirability of ensuring that education and other facilities are provided for people visiting the Palace of Westminster, after the completion of these works, is clearly on the face of the Bill. The Sponsor Body must have regard to that and it would be on the front page of primary legislation. We are all clear about the goals we wish the Sponsor Body to achieve, despite our discussion on wording.

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[Kevin Foster]

I thank my right hon. Friend for his suggestion. Given that it is constructive, I would be quite happy to offer to do that. We could look at this, perhaps on Report, if an amendment was brought forward. Again, if Members wish to work with Parliamentary Counsel to deliver something, we will be happy to consider that and to see if we can reach an appropriate compromise on Report and insert it. However, the way my right hon. Friend suggests may be a better option.

[Chris Bryant]

I am getting a bit confused. The Minister seems to say that this is not a Government project, so the Government will not table amendments. However, they will resist amendments, so they clearly have some kind of Government view. I presume that, as on Second Reading, this is un-whipped business, because it is business of the House, unless the Government Minister tells me differently.

[Kevin Foster]

Obviously, whipping arrangements are for each party. Again, I make the point that this project is being fundamentally driven by Parliament, for Parliament. The Government are facilitating the Bill to provide the legal framework for that, via the mechanisms that we can use, in terms of time and support. I am entitled, as the Minister, to take a view on amendments that are brought forward; the shadow Minister is bringing amendments forward and taking a view as well.

At this stage, my advice to the Committee is that we do not believe that this amendment should be put in. I am happy to pick up on the suggestion from my right hon. Friend the Member for Clwyd West and other Members of constructive engagement before Report, as I have offered on the other area, to see if we can find a form of wording that is acceptable and that Parliamentary Counsel would also be comfortable with, in terms of its not having unintended consequences for the Bill.

With that, I think I have concluded my response to the amendment, and I thank hon. Members.