Procurement Bill [Lords]

Kirsty Blackman Excerpts

Consideration of Lords message
Wednesday 13th September 2023 Commons Chamber

[Mr Deputy Speaker]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

It is a pleasure to be here talking about Lords amendments for the second day in a row. I am glad to see the Procurement Bill making progress and getting towards becoming legislation. As the Minister has commented on a number of occasions, we have not got to the place that he wanted in relation to his conversations with the Scottish Government about the Bill. To be fair, we have also not got to the place we wanted for the Bill. Neither of us is entirely happy with the position that has been reached, but I do appreciate the work that has been done to communicate between the Governments on this. Both tried to find a compromise solution, but it was just impossible on this occasion to come to one that we were both happy with.

Specifically on the Government motion to disagree with Lords amendment 102B on forced organ harvesting, the hon. Member for Llanelli (Dame Nia Griffith) has laid out a number of very important points and I do not want to go over those. The Minister has said there is an absence of evidence that there is any forced organ harvesting in any of the supply chains involved in UK procurement, and I do appreciate that that is case. However, if the Government are able to find out that there is an absence of evidence on this, surely it should not be beyond the means of those procuring or of companies supplying or buying things that are bidding for Government procurement contracts to find out that their supply chains are not involved. If the Government are able to find out these things, surely those companies should.

The point made by the hon. Member for Llanelli about raising awareness is incredibly important. We have worked very hard with companies through the changes in various Acts, including improving companies’ corporate social responsibility and requiring them to make modern slavery statements. We have worked hard to ensure that companies are taking their social responsibilities seriously, and I therefore do not think that this measure is unreasonable. It would not apply to all companies; it applies only to companies bidding for Government contracts. Surely we want companies bidding for Government contracts to ensure that they are as within the law as possible, upholding human rights and demonstrating corporate social responsibility. I do not think it is unreasonable for us to ask those companies to look into their supply chains and consider whether they are financially supporting organisations or companies that are involved in forced organ harvesting. I think it is reasonable for us to ask them to spend a little bit of time doing this if they expect to take on Government contracts.

[Sir Iain Duncan Smith]

Actually, it is simpler even than that. In America, first, it is an offence for a company to have falsified, knowingly or unknowingly, its declarations on supply chains. Secondly, the US Government use companies such as Oritain that use criminal science to test where products were made and whether declarations were correct, and they are therefore able to enforce them. What is happening is that those supply chains are now being rigorously declared by American companies that do not wish to lose Government business. It would not be too much to ask the Government to do spot checks, using such companies that are available to them, and I have recommended it to the Foreign Office, not that that really matters.

[Kirsty Blackman]

I think the right hon. Member makes a reasonable and proportionate suggestion. Although we disagree on lots of things, I am very surprised to find myself agreeing with him for the second time this week on this. I do appreciate his suggestion, and I hope those on his Front Bench are listening to the advice he has given.

I am not going to test the House’s patience by dragging this out. We will be voting with the Labour party against the Government’s motion to disagree, because we believe that the more stringent controls are something it is absolutely reasonable for us to ask of companies. This is not for all companies, as I have said, but just for those that hope to get Government contracts.

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

In this week of all weeks, the House needs to show that our democracy is strong and that we are not intimidated by other nations. The Chinese Communist party has shown that it holds our democracy in contempt. Today we have an opportunity to put tough talk into action.

Forced organ harvesting is a systemic trade that is taking place on an industrial scale in China. Up to 100,000 of its citizens are butchered each year for their organs. This is a state-sponsored crime against humanity. The two or three organs harvested from a healthy young adult are worth over £500,000. Evidence of this crime has been extensively investigated by the China and Uyghur tribunals chaired by Sir Geoffrey Nice KC, the former lead prosecutor at The Hague. At the tribunals, evidence was heard of systematic medical testing of thousands of prisoners of conscience, allowing the oppressive regime to create an organ bank.

I have spoken extensively on the horrors that have occurred due to forced organ harvesting in previous stages of the Bill, so now I will address some of the concerns that the Government expressed in the other place when opposing the amendment. The Government claim that forced organ harvesting will be covered by existing provisions of the Bill. Certain conduct will absolutely not be covered by the existing provisions on professional misconduct. Supply chains can be complex, and improper conduct may often be one step too far removed from the crime for professional misconduct elements to be made out. Trying to cover all the different ethical and professional misconduct regulations across a multitude of industries is not practical. Only by having a specific provision for forced organ harvesting will we ensure that British taxpayers’ money is not funding this horrific trade. Otherwise, it will be all too easy for companies to hide behind complex supply chains.

The second issue that the Government raised in the other place was that there was no evidence of UK organisations facilitating forced organ harvesting, yet there are companies with substantial operations in the UK providing immunosuppressive drugs for transplants in China. There is evidence of companies dramatically raising their stake in the Chinese market over the past few years. Sources on the ground claim that CellCept, an immunosuppressive drug, has been used on Chinese prisoners for transplants. There is no evidence that those individuals consented.

That is why a clear and direct provision relating to forced organ harvesting is necessary. UK taxpayers’ money should not inadvertently be supporting this inhumane trade perpetrated by the Chinese Communist party. There must be the ability or at least the option to stop it. The amendment is not asking for draconian action. It simply gives discretionary powers to exclude a supplier from a procurement contract if there is a connection to forced organ harvesting. That would give the Government the ability to act to prevent the complicity of UK taxpayers in forced organ harvesting.

The amendment must be seen in the context of our country’s wider relationship with China. The Government have extensively talked tough about standing up for our values against China. China is a trading partner that we cannot ignore or close ourselves off to, but that does not mean that we should not take such opportunities as this amendment to do right by our values and by humanity. Only a couple of days ago, the Prime Minister told the Chinese Prime Minister that attempts to undermine British democracy are completely unacceptable and that we will defend our democracy and our security. The amendment gives us the opportunity to use our democracy—the democracy that they seem to hold in contempt—to stand up for our values against China.

I urge colleagues across the House to take this opportunity to send a clear message to the Chinese Communist party, in this week of all weeks, that this House will stand up for our values by keeping Lords amendment 102B in the Bill.