Public Procurement (British Goods and Services) Bill

Debate between Janet Daby and Sarah Champion

2nd reading
Friday 15th March 2024 Commons Chamber

[Sarah Champion]

My right hon. Friend is absolutely right, and that chilling effect is having a negative impact on all our SMEs. The working group debated dividing bigger contracts so that local SMEs are more inclined to go for them but, unless SMEs know why they have failed and unless they know that the door is actually open to them, why would they waste their precious resources on bidding for something that they see as utterly futile? That is what we have to change.

There is clearly a cultural issue, which is demonstrated by the fact that 90% of contracts deemed suitable for SMEs are awarded to large corporations. Data from the British Chambers of Commerce found that, in 2016, 25% of public sector procurement spending was awarded directly to SMEs. As of 2021, this figure had dropped to 21%. Only just over £1 in every £5 spent by the UK Government on public services is going straight to SMEs, which is in stark contrast to their 2022 target of spending £1 in every £3 with SMEs.

The national chair of the Federation of Small Businesses said in August 2023:

“Meeting procurement targets isn’t just a bureaucratic milestone—it’s an affirmation of trust in our small business community.”

He is right. SMEs offer so much expertise and innovation, and they must be awarded more suitable public contracts. Frustratingly, when they get a bite of the cherry, it is usually as a subcontractor, with much lower remuneration than if they had been the lead, and of course without the public credit. An example of this led me to introduce this Bill.

A Rotherham business that leads not only the UK but the world with its innovation was grateful to deliver a £1 million Government contract. However, it was actually a £10 million contract that had been delivered to a multinational that then subcontracted it down to my business, having done nothing other than the packaging and the marketing around it. Had my business known that it could apply, even if it was paid £2 million, it would have meant that the business did not have to do it at cost for what it hoped would be a way in to Government procurement. The business could have done it, made a profit and kept going, but the business is currently facing a tough time.

By amending section 1(3) of the Public Services (Social Value) Act 2012, my Bill seeks to add an obligation for contracting authorities to consider how procuring from small and medium-sized enterprises might improve their area’s wellbeing. Clause 2 will require contracting authorities to report how they have complied with this obligation. It is hoped that these changes will increase the importance of SMEs within social value tenders and will encourage the public sector to award more contracts to them.

As I mentioned, billions of pounds of public contracts are awarded to foreign suppliers every year. The most recent data shows that a substantial number of contracts are awarded to foreign suppliers both directly and indirectly —indirectly being when a foreign supplier controls the successful applicant for a contract. Of public contracts valued below £200 million, 2.3% were awarded directly to foreign suppliers, but this rose to 17.6% when indirect awards were accounted for. The story is similar for contracted values over £200 million: 2.1% were directly awarded to foreign suppliers whereas 31.5% of contracts were indirectly awarded to foreign suppliers.

An example of such a contract is the £1.6 billion Royal Navy contract awarded to a Spanish-led consortium in 2022 over an all-British one. Analysis shows that at least 40% of the work, worth £64 million, will go abroad and be carried out in Spain. To compound this issue, there have been no concrete answers as to whether there is a limit on how many jobs will be created in Spain and why there are no targets for UK steel in the contract.

[Janet Daby (Lewisham East) (Lab)]

I thank my hon. Friend for making such significant and poignant points, and I am sure she has given much thought to this. Why does she think the Government have allowed so many procurements to foreign suppliers over British small and medium-sized enterprises?

[Sarah Champion]

My hon. Friend asks an impossible question and she might want to ask it again to the Minister. In developing this Bill, I had conversations with the relevant Minister and he has been very open, and I know the Minister who is due to reply is also very open to this. I think the block is hesitancy in terms of the legislation and finding a way through, which is why my Bill is terribly modest in that it is just looking at transparency around where those contracts go, with the hope that that will do enough to influence where they actually land, which we would like to expect might be British businesses. So my answer to my hon. Friend’s question is, “Who knows?” And it is a question the British public are asking all the time, particularly when a local business goes bust as a consequence.

On the £1.6 billion contract I was talking about, the all-British bid would have generated over 6,000 good UK jobs and supported a full onshore build of the ships. This bid also promised an investment of £90 million in UK shipyards and a further £54 million in training, apprenticeships and improving the UK skills base. Had social value to the UK been prioritised, as my Bill would encourage, surely it would have won the contract. Instead a sizeable proportion of the work will go abroad at the expense of British jobs and supporting British businesses. My Bill raises the level of importance attached to the origin of goods and services in procurement decisions by increasing transparency around how public sector contracts are awarded and encouraging the uptake of British-originating products.

My Bill also seeks to highlight good employment standards within procurement. When developing the Bill, the TUC shared with me the dire state of employment standards and working practices within public procurement. To be clear, most employers treat their employees well, but it is common for outsourcing to have a detrimental effect on wages and conditions, with outsourced workers more likely to work longer hours, receive less pay and be on insecure or temporary contracts.

Victims and Prisoners Bill (Fourteenth sitting)

Debate between Janet Daby and Sarah Champion

Committee stage
Tuesday 11th July 2023 Public Bill Committees

[Janet Daby]

I reassure the Minister that I will be following through on this point: I am sure he will experience me asking him further questions and pressing him on it. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 26

Access to services for victims with no recourse to public funds

“(1) Notwithstanding the provisions of any other enactment, a victim of domestic abuse who—

(a) has leave to enter or remain in the United Kingdom which is subject to a condition that they do not have recourse to public funds,

(b) requires leave to enter or remain in the United Kingdom but does not have it,

(c) has leave to enter or remain in the United Kingdom given as a result of a maintenance undertaking,

is entitled to be provided with services in accordance with the victims’ code.

(2) The Secretary of State may by regulations make provision that is consequential on this section.

(3) For the purposes of this section—

‘domestic abuse’ has the same meaning as in section 1 of the Domestic Abuse Act 2020;

‘victim’ has the meaning given by section 1 of this Act.” —(Sarah Champion.)

This new clause would ensure victims of domestic abuse who do not have recourse to public funds are still entitled to be provided with services in accordance with the victims’ code.

Brought up, and read the First time.

[Sarah Champion]

I beg to move, That the clause be read a Second time.

In effect, I am trying to help the Minister to reach out to all victims, because some are currently unable to access his excellent new code. Evidence suggests that migrant victims are more vulnerable to experiencing serious crime and, at the same time, less likely to receive redress. Migrant victims encounter multiple barriers to protection and safety. The immigration system and the hostile environment policy create structural obstacles to justice. Migrant victims of domestic abuse often face a stark choice: staying in a violent relationship, or deportation and destitution if they leave. Because of their own or their parents’ insecure immigration status and the no recourse to public funds condition, children may also be trapped in those situations.

Improved legal rights are therefore crucial to enabling migrant victims to access lifesaving services and support to escape abuse and rebuild their lives. Southall Black Sisters have been leading a 30-year campaign, to which I pay tribute, to ensure that migrant victims and their children are able to access safety and support. The campaign is calling for the no recourse to public funds condition to be lifted and for victims of domestic abuse to have the right to stay in the UK. That is critical, so that they can obtain welfare benefits and housing from the local authority to escape abuse on the same basis as those with secure immigration status.

I acknowledge that the new clause does not go that far, but it would ensure that, at the very least, migrant victims can access support services under the Minister’s victims code. The current situation is untenable. Many cannot even enter a women’s refuge if they cannot pay their rent or living costs. Many cannot seek help without the fear of being removed from the UK. Many women risk being sent to countries where women face particular ostracism, harassment and honour-based abuse due to the stigma of being separated, divorced or unmarried.

Over the years, Southall Black Sisters have achieved some major reform to immigration policy and rules for those on spousal or partner visas. The introduction of the domestic violence indefinite leave to remain scheme in 2002 and of the destitution domestic violence concession in 2021 has benefited over 1,000 victims every year. However, the provisions do not cover those on other types of visa or those without documents who may be subjected to domestic abuse by partners or family members: they remain unprotected and vulnerable to domestic abuse within the home or to economic and sexual exploitation outside it, as they become destitute and homeless as a consequence. Undocumented victims are particularly vulnerable to the weaponisation of their status by the perpetrator; they can become overstayers through no fault of their own, because they have few rights in this country.

In April 2021, the Home Office introduced the support for migrant victims pilot scheme to provide support for victims of domestic abuse who have no recourse to public funds. The scheme, which is being delivered in a UK-wide partnership led by Southall Black Sisters, has now been extended for another two years to March 2025, pending a longer-term solution. The extension clearly indicates that the Home Office recognises the vital importance of providing financial support to migrant women with no recourse to public funds. The pilot assisted about 400 victims in the first year and 560 in the second.

The first year of the pilot scheme has been externally evaluated by the Home Office, but the results have not yet been published. However, Southall Black Sisters commissioned the child and woman abuse studies unit at London Metropolitan University to evaluate the pilot for the same period. The unit’s report “Living at the Edge” shows that although providing assistance under the scheme is essential, victims need more money for longer, as the current rates are below those for universal credit, despite a recent rise to deal with the cost of living crisis.

Many victims are still unable to access a refuge in areas where there are high rents. Instead, they are housed with their children in unsuitable accommodation such as bed and breakfasts or hotels. Also, some refuges are reluctant to accept referrals if funding is available for only a short period, particularly in complex spousal/partner visa cases, non-spousal/partner visa cases and undocumented cases.

The evaluation recommends an extension of the destitution domestic violence concession and the domestic violence indefinite leave to remain scheme to protect all migrant victims of domestic abuse. The Domestic Abuse Commissioner also recommends the simple extension of those two schemes, which should be available for six months for all migrant victims, pending longer-term solutions. The commissioner’s report estimates that the social gains of supporting migrant victims in that way would be about £2 billion over 10 years, with about 7,700 victims likely to need refuge or other accommodation. That small amount would not place a significant burden on the public purse. More importantly, it would provide crucial safety and support to vulnerable victims and their children.

Based on all the evidence, an extension to the current provision for those on a spousal or partner visa to all victims, irrespective of their immigration status, would be the most simple and effective way of improving access to vital lifesaving services and support for migrant victims. The new clause would help to end the discrimination and the two-tier system that currently exists between migrant and non-migrant victims. I also ask the Minister to commit to ensuring that all migrant victims can access support services under the victims code and that tailored services for migrant victims are funded and resourced.

--- Later in debate ---

[Sarah Champion]

I hear what the Minister is saying. I will say again that Southall Black Sisters have been pushing for this for 30 years, so it has been an issue across multiple Governments. The Minister also has to recognise that in the current climate, my hopes that the right thing will be done towards migrant women are about as low as they have ever been in these past 30 years.

There is an awful lot of support for these measures. We will not give up, but at this point, as I am a realist, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 27

Victim Contact Scheme: annual report

“(1) The Secretary of State must prepare an annual report on the operation of the Victim Contact Scheme and an assessment of its effectiveness.

(2) A report under subsection (1) must set out—

(a) an assessment of how many victims eligible for the VCS—

(i) became engaged with the scheme in the last year;

(ii) are engaged with the scheme overall;

(iii) made a victim statement of any kind;

(iv) challenged a Parole Board decision;

(v) applied for a licence condition;

(vi) chose not to join the scheme;

(vii) chose to join the scheme at a later date than initially invited to join;

(viii) chose to leave the scheme;

(ix) reported not being invited to join the scheme; and

(x) reported that their contact stopped during the scheme;

(b) how many staff were working in the VCS in the last financial year; and

(c) the ratio between staff and those engaged with the scheme overall.

(3) The first such report must be laid before Parliament before the end of 2024.

(4) A further such report must be laid before Parliament in each subsequent calendar year.”—(Janet Daby.)

Brought up, and read the First time.

[Janet Daby]

I beg to move, That the clause be read a Second time.

New clause 27 arose from a conversation with the Parole Board about how information can be accessed regarding the parole process. I was concerned to hear that, on an alarming number of occasions, there are reports of those eligible for the victim contact scheme getting lost in the system, not receiving the contact that they have opted into and to which they are entitled, and subsequently being left unable to exercise their rights under the victims code. That should not be the experience of victims, and this probing measure seeks to address those concerns and to ensure that the victim contact scheme operates as fully and effectively as possible.

The victim contact scheme gives the victims or bereaved families of serious violent or sexual offences, where an offender receives a custodial sentence of 12 months or more, the right to be kept updated at key points during the offender’s sentence and parole process. Victims are assigned a victim liaison officer and can determine themselves the extent of information that they wish to receive and how they receive it. That can facilitate victims providing a statement during the parole process, or request a licence condition be applied where a prisoner is released. It is a valuable tool in providing reassurance to victims and ensuring that they can exercise their rights. It is vital that it operates as it is intended to, so that victims and bereaved families do not fall through the cracks.

New clause 27 would require an assessment be made of how many victims report not being invited to join the VCS as they should be, and how many report their contact from the VCS stopping when it should not have done so. It would also require that an assessment be made of how many victims are choosing to opt into the VCS or not, and how many of those who do opt in then go on to make a victim statement or apply for a licence condition.

Essentially, the new clause assesses how victims of the most serious crimes are choosing to access information that they are entitled to and to exercise their rights under the victims code. It is the Secretary of State’s responsibility to ensure that victims can access the information to which they are entitled and that they can exercise their rights. The VCS clearly plays an important role in doing that. That is why it is crucial that it operates effectively and does not see victims falling out of the system. I hope the Minister and other Members share that goal. Through this probing amendment, I hope that the Minister will hear the concerns that are being raised and will consider how remedies to those concerns can be included in the Bill.

Victims and Prisoners Bill (Thirteenth sitting)

Debate between Janet Daby and Sarah Champion

Committee stage
Tuesday 11th July 2023 Public Bill Committees

[Janet Daby (Lewisham East) (Lab)]

I beg to move amendment 120, in clause 47, page 43, line 6, leave out from “office” to end of line 9 and insert

“only on grounds of proven misconduct or incapacity”.

This amendment would allow the Secretary of State to remove the Chair of the Parole Board only on the grounds of misconduct or incapacity.

I want to begin by providing some context about the justification for removing the Parole Board chair from office. The Parole Board is rightly independent from the Executive. That independence is well established in several court rulings and is crucial to how the board functions. There are elements of the Bill that would undermine that independence. The Minister will know that I am not alone in voicing those concerns, given that Members of his own party also did so on Second Reading.

The Minister has been open to hearing and taking on board the concerns of Members throughout our time in Committee, and I know that that has been much appreciated. Therefore, I hope that he will reflect on the concerns raised on protecting the independence of the Parole Board. A balance needs to be struck. Although Members on both sides of the Committee will recognise the need for the Secretary of State to have the power to remove the chair, what matters is how that is done. I do not wish to recount too much the circumstances of the removal of Nick Hardwick as chair of the Parole Board—Members will likely already be familiar with those—but it is important to recognise the challenge that placed on the independence of the Parole Board. The powers of the Executive must be appropriate. I consider the termination protocol devised after Nick Hardwick’s time as chair to have the better level of that appropriateness.

The current grounds on which the chair may be removed are set out in a clear way, and the criteria that must be satisfied are reasonable and measurable. There is a procedural fairness in how a recommendation for removal can be made. That is not to say that it is a perfect mechanism. It does not, for example, consider misconduct as a criterion for the chair’s removal, nor does it fully address the concerns raised by the High Court regarding recourse and appeal in the removal of the chair. Furthermore, it does not recognise the potential impact of removing the chair on the independence of the Parole Board. All these merit further consideration in determining how a removal mechanism should operate.

As it stands, I do not believe that the power being given to the Secretary of State to remove the chair addresses those points adequately. Its current wording is narrowly focused and too broadly interpreted. Maintaining the public’s confidence in the parole process is a perfectly reasonable aim, but it should not be the sole consideration in whether the chair is fit to perform the functions of the role.

If the clause ends up on the statute book, how will the Secretary of State measure public confidence? Will it be on the basis of a decision made on an individual case? Clause 47 goes on to say that the chair must not “play any part” or “influence the recommendations” in relation to an individual case. That would clearly make it unfair to dismiss the chair because of a decision taken on a single case.

The Parole Board’s job is to take decisions on complex and occasionally controversial cases. In a small number of examples, that may result in a certain level of unease, but unfettered ministerial power to remove the chair on fairly broadly interpreted grounds is not the proper way to resolve that unease.

[Sarah Champion (Rotherham) (Lab)]

I am very supportive of the argument that my hon. Friend is making, because there needs to be absolute confidence that the Parole Board is acting for the right reasons. Any indication of political influence would undermine public confidence in the system. That is why I support her amendment.

[Janet Daby]

I thank my hon. Friend for everything she just said, and I absolutely agree. Those are absolutely the points that I am making as well. I fear that the power is too subjective and, with respect to the Secretary of State, may be misapplied if not handled carefully. In evidence to this Committee, the chief executive officer of the Parole Board himself said that this risked the Parole Board’s independence, and the measure fails to note that the chair may need to be removed on grounds of proven misconduct or incapacity.

Although I do not intend to take amendment 120 to a vote, I hope that it will encourage the Minister to rethink how this clause is drafted, tighten up the removal mechanism, give greater consideration to protecting the Parole Board’s independence and privilege misconduct or incapacity as reasons for removing the chair.

Victims and Prisoners Bill (Seventh sitting)

Debate between Janet Daby and Sarah Champion

Committee stage
Thursday 29th June 2023 Public Bill Committees

[Janet Daby (Lewisham East) (Lab)]

I really thank my hon. Friend for raising the issue, because she is highlighting things that I think many hon. Members are unaware of, as indeed are many organisations that work with vulnerable people and children. What she says is so serious that the Minister cannot fail to agree to take it on board.

[Sarah Champion]

I am a Back-Bench MP, yet I know just from my own digging that this is about tens of thousands of people. My hon. Friend is absolutely right: organisations that work with children and vulnerable people think that they are doing the right safeguarding things by getting a DBS check.

[Janet Daby]

They are being deceived.

[Sarah Champion]

They are being deceived, and we are all being deceived. The confidence that a DBS check should give us is not there: it does not exist while this loophole exists.

--- Later in debate ---

[Sarah Champion]

The hon. Lady makes a really good point. A number of people have come to me and said that the social security number is the way to go, because that number follows us through our life. It seems a really sensible way forward. I do not have the resources to look into it and check, but the Minister might be able to do some research. I genuinely do not know whether the Government’s internal reviews have flagged this as a logical way forward. It seems sensible to me, but they have not shared that information with us at all. That is what I am saying: we might already have those trackers on us if necessary, but the Home Office has not told us what it has done with the internal reviews. At the moment I am going on the knowledge that I have, and the gaps in that knowledge.

One thing I do know is that police guidance gives the police the right to put markers on file for passport and driving licence applications. However, it also states:

“To avoid unnecessary or high volumes of requests to these agencies, enquiries should be limited”.

I say to the Minister that the case of a registered sex offender is an example where the police should be given free rein to put those markers on and to follow up any cases in which files are flagged. I get it that there is a cost when a police officer looks into flagged cases, but where a registered sex offender applies for a passport or driving licence in a new name, enabling them to get a clean DBS check, the risk is so great that I think it deserves an hour or so of a police officer’s time and the associated costs.

[Janet Daby]

I am sitting here, listening intently to every word my hon. Friend is saying, and getting more annoyed. I would perceive not dealing with this as negligence.

[Sarah Champion]

I believe that is the right word. Surely a Government’s duty is to safeguard citizens; to know the scale of this problem and that there is a solution but not to act is to be negligent. I withhold that allegation from the Minister, because I know he is a good man who wants to do the right thing.

I was first contacted about this three years ago by a journalist. It is not that I thought they were having a laugh; I thought they were wrong—that this could not possibly be true. Then I looked into it. As my hon. Friend knows, I get obsessed about certain things, and I am obsessed about this because it worries me. While this loophole remains, every system we have in place to safeguard the vulnerable is undermined. I believe that this form of electronic marking must be mandatory for all registered sex offenders. That would help criminal justice bodies to keep track of offenders who were trying to change their name secretly, rather than having to rely on offenders doing the right thing and notifying them.

The hon. Member for Bolsover argued that registered sex offenders should be banned from changing their name. I have sympathy with that view and want the Minister to reflect long and hard on it. Sentencing allows other rights to be withdrawn, so that may well be something that the Minister should be looking into.

And that, Minister, is that. I hope that I have made a convincing argument. I know that the Minister is aware of this issue, and I hope he is able to find some way to work with me and others to close this loophole. It cannot go on any longer.

Victims and Prisoners Bill (Sixth sitting)

Debate between Janet Daby and Sarah Champion

Committee stage
Tuesday 27th June 2023 Public Bill Committees

[Sarah Champion]

I beg to move amendment 40, in clause 1, page 2, line 5, after “that” insert

“no report of the conduct has been made to a criminal justice body and that”.

This amendment aims to ensure that a person could meet the definition of a victim without needing to make a report to a criminal justice body.

I am nearly done with my amendments—on this clause. [Laughter.] Sorry; but I will say up front that this is a straightforward probing amendment, which aims to ensure, in relation to determining whether a person is a victim for the purposes of this legislation, that the scope is expanded to include those who do not choose to report an offence to the criminal justice system. Clause 1 of the Bill has been substantially improved since the drafting. I am relieved that it states that

“in determining whether a person is a victim by virtue of any conduct, it is immaterial that no person has been charged with or convicted of an offence in respect of the conduct”.

However, I am keen for the Minister to clarify that this also does not require the victim to report the crime to a criminal justice body.

[Janet Daby]

I want to refer again to the Domestic Abuse Commissioner, who said in her evidence to us:

“You are absolutely right: most victims do not report to the police. The reality is that it is probably one in six.”––[Official Report, Victims and Prisoners Public Bill Committee, 20 June 2023; c. 7, Q4.]

I just want to emphasise that point: many victims do not report to the police. Of course, there is a question following that, as to whether a prosecution takes place.

[Sarah Champion]

My hon. Friend is absolutely right, as is the Domestic Abuse Commissioner. That is why it is imperative that all victims and witnesses, particularly children, can access support through this legislation without needing to engage with the criminal justice process.

I have worked with the NSPCC on this amendment, as it raised concerns due to the fact that the majority of crimes against children and young people are not reported to the police. It can be extremely difficult for victims and survivors to speak about their experiences of child sexual abuse, as revisiting traumatic childhood experiences often causes significant distress. Prior experiences of being silenced, blamed or not taken seriously by the justice system can discourage victims and survivors from disclosing child sexual abuse again.

The independent inquiry into child sexual abuse found that child sexual abuse is dramatically under-reported. The 2018-19 crime survey for England and Wales estimated that 76% of adults who had experienced rape or assault by penetration did not tell anyone about their experience at the time. A large number of the inquiry’s investigation reports noted that the true scale of offending was likely to be far higher than the available data appears to suggest. The Government’s own “Tackling Child Sexual Abuse Strategy 2021” noted that:

“People were even less likely to tell the police—only an estimated 7% of victims and survivors informed the police at the time of the offence and only 18% told the police at any point.”

Can the Minister guarantee, on the record, that the definition of victim includes those who choose not to report to the criminal justice system? The majority of victims, who choose not to report an offence, must still be able to access support under the Bill.

Victims and Prisoners Bill (Third sitting)

Debate between Janet Daby and Sarah Champion

Committee stage
Thursday 22nd June 2023 Public Bill Committees

[Sarah Champion]

Thank you very much.

[Janet Daby (Lewisham East) (Lab)]

Q Good morning. Do you think that the duty of candour should be extended to include public servants, so that they have to proactively tell the truth? Shall we start with you, Bishop?

Rt Rev James Jones: Yes, I think that there should be a duty of candour on all public officials. Anybody who accepts public office should bind themselves according to their own conscience to speak with candour and not to dissemble when called upon to give the truth and an account of what has happened. But I do not think that that is part of this Bill.