Oral Answers to Questions

Kirsty Blackman Excerpts

Thursday 11th May 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

On 25 April, I put in a written parliamentary question asking the Minister to publish the guidance. He did not publish it in response to my question. I came here today convinced that I would have to make a freedom of information request to get that guidance. Why, having refused to publish the guidance in his answer to me on 3 May, is the Minister now saying that he will publish it? What is happening here? Why was he unwilling to publish the guidance in response to the normal parliamentary method of putting in a written question?

[Jeremy Quin]

It may shock the hon. Lady, and I apologise, but I cannot recall her exact parliamentary question. I recall the parliamentary question of the hon. Member for Ellesmere Port and Neston (Justin Madders), in which I believe he asked if it was my intention to publish the guidance. It was not our intention to publish it, but I have nothing to hide and am very happy to publish it. It is internal guidance; it will be adapted by different Departments. It is sensible to have guidance to ensure that civil servants know what they should be doing when invitations are issued to people who will be paid and given a platform in, and could cause embarrassment to, the civil service.

[Kirsty Blackman]

In the response to my written question last week, I was told that the due diligence and impartiality guidelines

“avoid invitations being issued to individuals and/or organisations that have provided adverse commentary on government policy, political decisions, approaches or individuals in government”,

in order to “retain impartiality” in the civil service. That is the opposite of what the Government are asking universities to do in the Higher Education (Freedom of Speech) Bill. Why is there one rule for the Government and another rule for universities? How is it impartial to only allow civil servants to hear speakers who agree with the Government?

[Jeremy Quin]

I appreciate that the hon. Lady has not had the opportunity to do so, and I look forward to her having that opportunity, but if she were to read on from the phrase that she quoted, which I assume appeared in the press, it refers to “adverse commentary” on Government policy

“that could undermine the Civil Service’s position on impartiality and create reputational damage.”

The guidance goes on to say that it is entirely possible for contrarian views—views critical of Government policy—to be shared with those who are at the point of policy formation. I want my civil servants to be fully informed of the arguments against Government policy. What is not appropriate is to have individuals paid and given a platform to create embarrassment for the civil service and potentially for the UK as a whole.

List of Ministers’ Interests and Ministerial Code

Kirsty Blackman Excerpts

Monday 24th April 2023 Commons Chamber

[Madam Deputy Speaker]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

We have ministerial declarations—interests list—that are updated not timeously, if they are updated at all. Will the Minister ensure that all ministerial declarations are published, not just those of Ministers who happen to have been sitting in the hot seat when the music stopped? We have Ministers and the Prime Minister announcing policy to the press first on a regular basis. The Prime Minister has lost numerous Ministers as a result of code breaches and there are various investigations ongoing. It seems that Ministers are happy to carry on erring until the point—beyond the point, in fact—that they are caught and until the point that the investigation finally reports and they finally choose to resign. What is the point in having a ministerial code if Ministers do not abide by either the letter or the spirit of that code, and continually breach it?

[Alex Burghart]

I think the hon. Lady is arguing for no due process. The moment that formal allegations were made against the former Deputy Prime Minister, both he and the Prime Minister decided it would be necessary to call an independent investigation into the Deputy Prime Minister’s conduct. That was conducted by a leading KC and, following the conclusion, the Deputy Prime Minister resigned. The alternative would have been to have no investigation at all—no independent assessment—and in our opinion that would have been wrong.

Security of Government Devices

Kirsty Blackman Excerpts

Thursday 16th March 2023 Commons Chamber

[Oliver Dowden]

As ever, my hon. Friend raises some very important points. On the Procurement Bill, of course we continue to engage with Members on both sides of the House as we approach Report. I know that Ministers in my Department are meeting the hon. Lady about the amendments that she proposes. In respect of this legislation, we have taken a very big step forward. For the first time, contracting authorities across the public sector can reject tenders from suppliers that pose a threat to national security, including where that threat arises from a parent or subsidiary company, so we are both lowering the bar and increasing the power. We did not have any of those powers when were in the European Union, so this is a significant step forward and I am very happy to look at further amendments that can build on those proposals.

[Kirsty Blackman (Aberdeen North) (SNP)]

I thank the Minister for advanced sight of his statement. I agree with other Members that this is a welcome and proportionate step by the Government. It is good to see that, in some areas, the UK Government are taking seriously the risk of highly sensitive data being accessed and used by bad actors. I wish to ask a couple of questions. First, how will the Government ensure that these guidelines are adhered to by Ministers and by civil servants using Government devices? Will the Government ensure that the information and evidence they have compiled is shared with Parliament’s security advisers to ensure that MPs are given the best and most up-to-date advice possible, in particular on apps that use geolocation data?

The Government have been dragging their heels around a number of security risks. A number of companies—including Huawei, TikTok and Hikvision—pose human rights risks and, in some cases, it has taken too long to close down or mitigate those risks. For example, Hikvision cameras are still being used, despite their being involved in human rights atrocities, for the facial recognition of Uyghur Muslims in mosques. The issue is not just the safety and security of our citizens but that taxpayers’ money is being used to fund companies that are committing atrocities. When will the Government take a look at the wider situation to ensure that we are not, by the back door, propping up regimes and companies that commit atrocities and human rights abuses?

Oral Answers to Questions

Kirsty Blackman Excerpts

Thursday 16th March 2023 Commons Chamber

[Mr Speaker]

We now come to the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

In December, the Committee on Standards in Public Life said it was concerned that 18 months had been lost because of the Government’s failure to respond to its report “Upholding Standards in Public Life”, which recommended stronger rules and a better compliance culture for central Government. When can we expect a formal response from the Government?

[Oliver Dowden]

We are working through the responses. Clearly, a new Administration came in in November, but we will shortly be in a position to publish all the responses to the report. I am working through it with the Prime Minister and publication will come shortly.

[Kirsty Blackman]

How can we be assured of transparency and integrity in decision making if we do not have a register of Ministers’ interests that has been published any time in the past 10 months?

[Oliver Dowden]

The Government will publish the latest version of that register shortly. The House has discussed and considered this issue, and the hon. Lady may have heard the comments made by the Leader of the House. We are moving to a situation in which we both produce the transparency returns more rapidly and align them more closely with the parliamentary register, but it is important that we get the systems in place so that that can be done properly.

Future of the UK Constitution and Devolution

Kirsty Blackman Excerpts

Wednesday 8th March 2023 Westminster Hall

[Bim Afolami]

I thank the hon. Member for his intervention, which is well timed, because I am about to come to his very point—not so much about the tardy response from Ministers, but about the necessary engagement on devolution deals and other such mechanisms between localities and the centre.

It is fundamentally important that we regularise the local government and devolution structures across England, in particular. I will come to the other nations, but let me first focus on England, which was the topic of the intervention. In a county such as Hertfordshire, there are district councils and a county council. In central Bedfordshire, a neighbouring county, there is a unitary system. In the Tees Valley, there is a mayoralty, but the powers are different in that mayoralty from the west midlands, and the powers are different again in London. I have probably missed out other forms of local government as well.

When we speak to people who are trying to navigate their way through our local government structures, they will often say—they definitely this say to me—that it takes them forever to figure out who is responsible for what. I have not even mentioned such things as local enterprise partnerships or the chambers of commerce, which overlap all those structures—let alone NHS trusts, integrated care boards and the other things that cut across the structures.

I mention that because it is critical, both for the health of our democracy and how our country runs and for economic growth—holding in mind those two things —to regularise local government structures, so that we do not need to worry about whether there is a devolution deal in this area or whether the right Minister or MP is lobbying in the most effective way. Everybody will have a clear sense, broadly speaking, of whether they are in one of three areas: in a county, where we should have unitaries; in a smaller urban area, where there should be a mayoralty with certain powers; or in a large urban area, such as Manchester or London, where the mayoralty should perhaps have greater powers. We need to regularise the structures so that we can finally move to a system in which people understand what the powers are and who is responsible for what. That responsibility is critical for democratic health and for economic investment and growth.

I was recently in Germany. When I speak to German businesses and say, “How does it work with investment?”, whether into Germany or into the UK, they often say that, if they are investing in most countries in Europe, they will go to the local mayoralty, for cities, or to the region, but in England—I say that precisely—they often do not know where to go. For example, in my county, if someone were to invest in life sciences in Stevenage, which is a hugely growing area and doing very well, they might go to Stevenage Borough Council, but the council would say that they also need to speak to the county council about different things and North Herts Council about certain other things. That inhibits our economic growth, and that is just one example.

Regularising and standardising the relationships is important, but this is not just about that. Let us assume that we had managed to do that, and we had a more standardised local government structure, such that people started to understand who is responsible for what. It is important that local leaders—we often talk about the importance of local leaders—have a more direct relationship with Westminster as well. It should not just be that someone elects a Member of Parliament and, indeed, a Government in the general election, and they elect their local leader in a local election, yet the relationships between the local leader and the centre are not formalised. We should move to a system in which local leaders have, in a more standardised fashion, formal mechanisms to engage with central Government and Parliament. We could use the House of Lords, perhaps with positions in an ex officio capacity, though that may not be necessary. However, the broader principle is to have a more formalised way in which leaders from Cheshire, for example, have a relationship with Westminster and Whitehall that enables them to lobby and make their voices heard, and enables MPs to feed into that process effectively, so that we get much better governance. I am talking not just about Cheshire, as such a system might benefit Hertfordshire, for example.

Regularising these things would not cost much money, if any at all. This is not about paying extra and it would not change a huge amount. However, it would make sure that the voices of local people and local leaders are heard here in Parliament.

[Kirsty Blackman (Aberdeen North) (SNP)]

I am not exactly sure what the hon. Gentleman is proposing that regularisation should look like. In Scotland, we have a system of unitary authorities—32 local councils—that meet together in the Convention of Scottish Local Authorities, which is the forum where negotiations with the Government happen. Local leaders are all members of and involved in COSLA, and they have a relationship with the Government through that system. Is he suggesting something similar, with a kind of unitary authority structure?

[Bim Afolami]

As with the intervention from the hon. Member for Weaver Vale (Mike Amesbury), the hon. Lady’s intervention provides me with a perfect segue to talk about Scotland and, indeed, Wales and Northern Ireland. We live in one United Kingdom—I appreciate that we have opposition from the hon. Lady on that particular question—and it is important that local people in all parts of the United Kingdom have broadly similar relationships with the centre, with Westminster and Whitehall, regardless of whether there is a devolved Assembly or devolved Parliament. By achieving that, we will help to knit our country closer together and, again, build the understanding and awareness of responsibilities with the population, business and economic actors in this country and outside it.

The next part of my remarks relates to the second Chamber, the House of Lords. People have been talking about Lords reform for more than 100 years and I am pretty sure that in another 100 years, people will still be talking about Lords reform, although I do not intend to be here then—[Interruption.] You never know.

Personally, I am not a proponent of an elected second Chamber, but I strongly understand and recognise the concerns of those who feel that it needs an elected element. It is clear to me that there is a way to help to sort out some of the glaring inconsistencies and problems with the House of Lords. We are all familiar with those issues, whether we are talking about a sense that it is too big, concern about certain people who have been nominated to it, the fact that there is no retirement age, or various other things that a lot of people have problems with, in my view very reasonably. We can try to kill two birds with one stone by engaging local leaders in the broader governance of the country and by using the second Chamber partly to help that process to happen.

By doing that, we would help the voices of local people to be heard, because they would not just elect a local leader to deal with their local issues, and that was that. That local leader would then have a national voice that would help the governance of the wider country. Presumably, we are all here to help to improve the governance of our country. Where there are local leaders who have something to add and to offer, that should be shared and voiced, which could benefit everybody. In my view, we should use the House of Lords to do that.

--- Later in debate ---

[Kirsty Blackman (Aberdeen North) (SNP)]

I am glad to speak in this debate on International Women’s Day. Unfortunately, we are significantly outnumbered, but it is nice to have a woman in the Chair and to hear a colleague—only one, sadly—speak with a huge amount of knowledge and experience that she brings to her role.

I thank the hon. Member for Hitchin and Harpenden (Bim Afolami) for securing the debate, which he opened with a short history lesson. I give him credit: it was very interesting. This is also the building in which William Wallace was tried; if we are talking about the history of the constitution and devolution, this building plays an important role in that part of Scotland and England’s history.

This has been quite a disparate debate with a lot of different takes on what is an incredibly broad subject; I understand why everybody has come to it with slightly different views and from slightly different positions. I will talk a bit about what a number of people around the room have said, and then about my views and my take on the debate title we were given.

First, on the way that local authorities work, we have 32 unitary authorities in Scotland. My constituency is Aberdeen North, which is wholly within the Aberdeen City Council area. The Aberdeenshire Council headquarters are also in my constituency, because Aberdeenshire surrounds the city, so I have the honour of having two local authority headquarters in my patch, which I am not sure that many MPs are able to say—certainly not in Scotland. The 32 local authorities work through COSLA in their relationship with the Government.

The hon. Member for Hitchin and Harpenden in particular, but also several others, spoke about financial matters. In recent years we have instituted participatory budgeting for local authorities. One per cent. of local authorities’ budgets has to be spent through a participatory budgeting route, which means that people in local communities decide where to spend that money—regeneration money, in a lot of cases—to best improve their communities. It does work, because the people choose their priorities. The priorities do not come from the centre; they are chosen by the people. Suggestions are put forward and costed up, and then decisions are taken by people who have the ability to vote if they live in certain areas of our city. I am speaking specifically about Aberdeen, but we do it across Scotland. The process works, it makes a difference and it is helpful for returning power to local communities.

We have done an awful lot to improve community empowerment in recent years with things such as community asset transfers, whereby buildings that are no longer being used by the city council, for example, are transferred over to community groups for very little money, giving those groups the opportunity to run them and to have a place. Community asset transfers do not just involve buildings; in some cases, tracts of land have been transferred. They have been incredibly successful.

One thing that could be done to improve local leadership is paying councillors reasonable salaries, as we have done in Scotland. I confess that although I have tried, I do not understand the local government systems in England. They seem to be different in all different parts of England and I am utterly baffled by the whole thing. In Scotland, councillors are paid a salary that, while not enough to live on—it is supposed to be two thirds of a full-time wage, although I do not know any councillor who only works two thirds of the time—is an actual salary.

[James Grundy]

Let me try to help the hon. Lady. There are often different wage structures in England because the different tiers of authorities have different responsibilities, whereas with the unitaries in Scotland the responsibilities are obviously uniform across that system. For example, county councils deal with roads and potholes, while district authorities tend to deal with lower-tier things, which sounds hilarious compared to potholes. I hope the hon. Lady understands that although the wage structure varies greatly, that is the reason why.

[Kirsty Blackman]

I am sure the hon. Gentleman is absolutely correct on that, but the thing is that if we are not paying councillors a reasonable amount of money, we are not going to get the high-calibre local leaders that we need, or even just people who are able to dedicate the time that is necessary to do the role for the money they are given. That is one thing that I suggest could be improved.

The hon. Member for Central Suffolk and North Ipswich (Dr Poulter) made a suggestion about the House of Lords. Abolishing the House of Lords would be a better way forward than giving it more power. Labour first stood on a platform to abolish the House of Lords in 1910. Despite some moves towards having fewer hereditary peers, we have not yet got to the position of having none. If we are going to give any more power to the unelected House of Lords, we need to have a serious look at the way its Members are selected, particularly given recent events.

The constitutional settlement is broken, and the situation is getting worse. We are supposed to have parliamentary sovereignty and a situation where Parliament can and does make decisions. I disagree with the hon. Member for Aberconwy (Robin Millar), who suggested that we need to look at what we have and fix it, rather than starting with something new. With the constitutional settlement and the way this place works, I think we are beyond tweaking and fixing.

The whole idea proposed about Brexit was that it was about returning power—people said, “We want Brexit because we want power to be returned”—but over the years this Conservative Government have repeatedly moved power away from Parliament to the Executive. That continues to happen. We will see it next week, when I imagine the Chancellor will present the Budget without an amendment of the law resolution. That seems like a small thing, but it makes a significant difference to parliamentary power and sovereignty. It is a change in the way that our constitution works that has just been slipped through. A former Chancellor wrote to the Procedure Committee to say, “This is just a tweak—it is just a small change.” It is not; it massively dilutes MPs’ power to amend the Budget.

In Scotland, we have an agreed devolution settlement. The problem we have is that the Westminster Government, in their post-Brexit antics, have done what they can to return power from the Scottish Parliament in Holyrood to this place, most recently with the section 35 order. Absolutely, that is in the Scotland Act 1998, but it is supposed to be used only in extremis, when there is a massive negative impact on the rest of the UK. There is no good argument that Ministers can make that that is the case now. The only way we will solve the problem and get a collegiate relationship between the Scottish Government and the UK Westminster Government is if Scotland is an independent country and we are able to have this conversation on our terms—on the terms that the people of Scotland want us to have it. In Scotland, it is not Parliament that is sovereign; it is the people of Scotland, and we intend that the people will be able to have their say and choose the way forward.

Civil Service Pay

Kirsty Blackman Excerpts

Tuesday 7th March 2023 Westminster Hall

[Kirsty Blackman (Aberdeen North) (SNP)]

I appreciate you chairing this afternoon’s debate, Mr Pritchard. We have been particularly raucous and difficult to control, so congratulations on taking on that most difficult role this afternoon.

I also thank the hon. Member for Cynon Valley (Beth Winter) for taking forward this incredibly important debate. I was going to start by discussing the question she asked yesterday in Department for Work and Pensions questions—to which the Secretary of State responded by tacitly acknowledging that more than a quarter of DWP staff are paid so little that the minimum wage increase in April will lift their salaries. How have we reached a situation where they are so poorly valued and so poorly paid that they are not even paid the real living wage? They are simply paid the Government’s pretendy living wage.

Given that such a high percentage of them claim universal credit, as the hon. Member for Liverpool, West Derby (Ian Byrne) has just stated, how is that cost-effective for the Government, never mind anything else? If people are paid so little that they need other Government funding to allow them even the most basic standards of life, something is going wrong. As so many Members have said, these are people who worked day in, day out during the course of the pandemic. They worked so hard to ensure that others were able to access the vital public services that we all need and that became incredibly important—far more important than before the pandemic—for so many. People were putting themselves at risk by travelling and working during lockdowns and the pandemic. It is a travesty that those people have been undervalued to such an extent.

Comments have also been made about gender-based discrimination and job cuts, and the fact that the Government expect people to do more work for less pay. Nobody wants to do more work for less pay. We should value the folk who deliver the most vital public services. During sittings of the Procurement Bill Committee, which some Members here attended, we tried to ensure that the Government would write a real living wage into procurement contracts. It is important that the real living wage is paid. When we write procurement contracts it is important that that is a requirement on external contractors or companies, but it should also be required of all public services.

We are doing everything we can in Scotland. Ensuring that people such as those working in adult social care are paid the real living wage is resulting in a significant increase in the number of people being paid an amount on which it is possible for them to live. That also reduces reliance on the benefits system and ensures that people have dignity and can avoid having to go to food banks to provide basic services for their families.

The Minister might talk about the amount of money that the Government have given to people for electricity and gas bills, but it is not enough. People are still struggling. The money given to support people with energy costs does not fully cover the increased costs, and that is not to mention the 17.1% inflationary increase in the cost of food. The highest increase is for the most basic food, yet we cannot avoid buying pasta, potatoes and rice.

The Government need to step up. They need to properly negotiate with trade unions. Nobody wants to take industrial action. It is not the case that trade unionists hate work. They have been forced into this situation because of the UK Government’s unwillingness to negotiate. In Scotland we have negotiated pay deals far more successfully. We have experienced strikes in Scotland, but we have constantly been round the table talking. We have been able to make much higher pay offers despite the fact that we have a legal requirement to have a balanced budget. We do not have the same flexibility as the UK Westminster Government on budgets. They can pay people by making in-year changes to budgets. We cannot do that in Scotland, yet we have prioritised pay because we recognise how important our public sector workers are. We recognise how vital the services that they provide are, so we are doing everything that we can to make the best possible pay offers.

Job cuts have been mentioned, but we are trying to ensure that people are not asked to do more work for less pay. We are putting in other provisions as well to ensure that we have enough staff. Obviously, we are hampered in that by Brexit.

In spite of a decade of real-terms pay cuts and the lack of flexibility in the Scottish budget, we will keep on fighting for a better and fairer Scotland. On Thursday, the Minister of State, Department for Energy Security and Net Zero, the right hon. Member for Beverley and Holderness (Graham Stuart) accused me of using the need for a balanced budget in Scotland as a convenient scenario. It is not convenient! It is incredibly inconvenient that Scotland has to have a balanced budget and that we cannot therefore make the offers we would like to make and provide people with cost of living uplifts. We have been arguing for decades for independence for Scotland so that we do not have to work within this framework and so that we have the ability to make our own choices about spending and about the money that we have as a Government to spend. The UK Government’s continued cuts to the budget mean that our budget is less and we do not have the power or the flexibility to sort out that situation.

This debate has been incredibly interesting because Conservative Back Benchers have not come to the debate to provide their input. Do they not think that DWP staff are important? Do they not think that Home Office staff and DVLA staff are important? Do they not think that they should be coming out to bat for their constituents and providing that level of support? We are not asking for anything excessive. We are asking simply for the Government to look at inflation-level increases. That is not a completely crazy idea. It would allow people to have the dignity to support themselves and, as I have said a couple of times, not to find themselves entangled in the benefits system, where they are having to claim universal credit. People do not want to be in that system, but when the Government are not paying them enough and when Government Members are standing up in Parliament, as they did yesterday, and doing everything they can to smear the name of the civil service, we will have a situation where those dedicated public servants will be saying, “Enough is enough. We are not continuing to work for this Conservative Government, who continually undervalue us and refuse to negotiate reasonable pay uplifts.”

Civil Service Impartiality

Kirsty Blackman Excerpts

Monday 6th March 2023 Commons Chamber

[Mr Speaker]

I call the SNP spokesperson.

[Kirsty Blackman (Aberdeen North) (SNP)]

I am glad to hear the Minister talking about the hard work that the civil service does and being clear, in agreeing with his colleague the hon. Member for Hazel Grove (Mr Wragg), that Ministers and Secretaries of State would be nowhere were it not for the constant hard work of impartial civil servants. It is very important that the Minister talks to his Back-Bench colleagues and ensures that, in making statements about individuals, they are not tarring the entire civil service with some of the allegations that they are bringing forward.

I have asked repeatedly about anti-corruption champions, and while we are standing here talking about issues relating to breaches or potential breaches of the ministerial code, it is important that the Government get their house in order and ensure that we have an anti-corruption champion in place. Will the Minister therefore both talk to his Back-Bench colleagues to ensure that their language is moderated when talking about civil servants, and ensure that the ministerial code is adhered to so that we can be viewed in a better light internationally?

[Jeremy Quin]

The anti-corruption strategy is run by my right hon. Friend the Minister for Security; I know he works actively on that, and an anti-corruption champion will be appointed in due course. With deference to the hon. Lady’s position, I think that is a very different scenario from what we are talking about today. For a start, we are talking about the civil service code, not the ministerial code. However, I agree that we always need to support and not undermine the impartiality and the perceived impartiality of the civil service. That applies to all of us, including the Leader of the Opposition.

Northern Ireland Protocol

Kirsty Blackman Excerpts

Monday 27th February 2023 Commons Chamber

[Kirsty Blackman (Aberdeen North) (SNP)]

Can the Prime Minister be clear with the House that this agreement does not get us any closer to being readmitted to the Horizon Europe programme—to our universities or to Northern Irish universities being readmitted to the programme?

[The Prime Minister]

They are two completely separate things. The Windsor framework is about resolving the issues with the Northern Ireland protocol. It is about safeguarding Northern Ireland’s place in the Union, the free flow of goods around our internal market and sovereignty being restored for the Northern Irish people. The hon. Member will have heard the comments from President von der Leyen earlier today, and the Government’s position on that remains the same.

Procurement Bill [ Lords ] (Eighth sitting)

Kirsty Blackman Excerpts

Committee stage
Thursday 9th February 2023 Public Bill Committees

[Alex Burghart]

I am grateful to the hon. Lady for supporting the clauses. As we are nearing the end of our debate today, I will come back on a couple of points that the hon. Lady made so that we have covered everything off.

Before the lunch break, the hon. Lady kindly supported the clauses in part 9 of the Bill. As mentioned, if suppliers are breaching contractual terms, that will be a matter to be resolved pursuant to those contractual terms. The contracting authority will actively monitor compliance of these types of matters under its usual contract management and monitoring procedures, which will be strengthened by the Bill. I hope that adequately answers the hon. Lady’s question such that there is no longer any need to confirm in writing.

Similarly, in the closing stages of Tuesday’s sittings, the hon. Lady asked whether contracts already entered into following a procurement process will be terminated automatically if a contractor subsequently becomes an excluded supplier. Termination of contracts is often covered by contractual terms, but clause 77 gives contracting authorities an implied right to terminate a contract should a contractor become an excluded or excludable supplier. Although it is not automatic, authorities are able to terminate in the circumstances set out in clause 77.

Given the range and variety of contracts that contracting authorities will enter into, they need to be able to consider individual circumstances and the fulfilment of contract deliverables. Automatic termination of contracts when a supplier becomes excluded or excludable takes no account of other contractual obligations and would have serious implications for the delivery of the essential goods, services and works on which the public rely.

There is no need to mandate automatic termination. Contracting authorities should be trusted to exercise discretion appropriately, including in relation to national security. As with excluding a supplier prior to contract award under the national security ground, a contracting authority will be required to seek approval from a Minister to terminate a contract on this ground. I hope that gives the further detail the hon. Lady was looking for.

[Kirsty Blackman (Aberdeen North) (SNP)]

If I can crave your indulgence, Mr Mundell, I will not be present at the Committee’s next sitting, so I want to say thank you very much to the Clerks, to Hansard and, in particular, to two staff members, Josh Simmonds-Upton and Sarah Callaghan, who have been excellent in providing me with valuable support.

[The Chair]

Thank you for putting that on the record.

Question put and agreed to.

Clause 121 accordingly ordered to stand part of the Bill.

Clause 122 ordered to stand part of the Bill.

Clause 123

Commencement

Amendment made: 115, in clause 123, page 81, line 14, leave out subsection (3) and insert—

“(3) A Minister of the Crown may not make specified regulations under subsection (2) without the consent of the Welsh Ministers.

(4) In this section, “specified regulations” means regulations to bring into force provisions regulating procurement by a devolved Welsh authority other than procurement under—

(a) a reserved procurement arrangement, or

(b) a transferred Northern Ireland procurement arrangement,

but ‘specified regulations’ does not include regulations to bring into force provisions in Part 7 (implementation of international obligations).

(5) In this section, ‘devolved Welsh authority’ has the meaning given in section 157A of the Government of Wales Act 2006.

(6) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purpose of ensuring that—

(a) Parts 1 to 6 and 8 to 13, or particular provisions in those Parts, so far as not already brought into force under subsection (2) do not regulate procurement by a devolved Welsh authority other than procurement under—

(i) a reserved procurement arrangement, or

(ii) a transferred Northern Ireland procurement arrangement;

(b) existing legislation continues to regulate procurement by devolved Welsh authorities and procurement under devolved Welsh procurement arrangements.

(7) Regulations under subsection (6) may modify this Act.

(8) In this section—

“existing legislation” means any enactment, other than this Act or regulations made under this Act, that is passed or made before section 11 (covered procurement only in accordance with this Act) comes into force;

a reference to a provision regulating procurement includes a reference to a provision conferring a function exercisable in relation to procurement.”—(Alex Burghart.)

This amendment would make commencement of devolved Welsh aspects of the Bill subject to the consent of the Welsh Ministers, and would allow UK Ministers to amend the Act resulting from this Bill so that the Act no longer applies in respect of devolved Welsh procurement and could be commenced without consent.

Clause 123, as amended, ordered to stand part of the Bill.

Clause 124

Short Title

Amendment made: 84, in clause 124, page 81, line 18, leave out subsection (2).—(Alex Burghart.)

This amendment would remove the technical amendment made by the House of Lords in respect of the financial privileges of the House of Commons.

Clause 124, as amended, ordered to stand part of the Bill.

Ordered, That further consideration be now adjourned. —(Julie Marson.)

Procurement Bill [ Lords ] (Seventh sitting)

Kirsty Blackman Excerpts

Committee stage
Thursday 9th February 2023 Public Bill Committees

The UK needs to be an active player on the global stage. The only way to do that is by proving we can meet our international obligations, and actions speak louder than words. I am proud of this country’s response to the war in Ukraine. I hope the same commitment to our international community will be continued throughout the procurement process.

[Kirsty Blackman (Aberdeen North) (SNP)]

I agree with the hon. Member for Islwyn that the Minister is giving us a run for our money today. I feel like I was speaking particularly slowly on Tuesday, as I was not feeling great and my brain was taking a while to catch up, but hopefully I can be a bit speedier today and get through with a higher level of coherence. Apologies if I said anything then that did not make much sense.

I will focus on clause 90, the Minister’s amendment 59 and our amendment 102. The Bill seeks to confer the power exercised concurrently by UK and Scottish Ministers to implement the Government procurement chapters of the agreements with Australia and New Zealand by secondary legislation. We agree with that and have no query about the fact that the negotiation of international agreements is a reserved matter but, as the Minister noted, the implementation in devolved areas, such as Government procurement, is a devolved matter. Procurement is devolved to the Scottish Government and Scottish Parliament, and we make our own decisions about how best to implement that.

The correct constitutional and devolution-respecting solution would be to amend the Bill to grant implementation powers solely to Scottish Ministers in this regard. I agree that the Minister has put forward an amendment that changes what clause 90 says, but the amendment also says:

“Regulations under subsection (1) may not be made unless a Minister of the Crown considers, or the Scottish Ministers consider, that the regulations are necessary in order to ratify or comply with an international agreement to which the United Kingdom is a signatory.”

The “or” is what I have a problem with, on the basis that it still allows the UK Government to act in devolved areas. I recognise the restrictions put in place by the rest of the amendment in terms of the breadth of the action that can be taken, and I recognise that the UK Government Minister has worked with colleagues in the Scottish Parliament to ensure that we are getting a bit closer together; indeed, it is closer than in the Bill that originally came to us from the Lords. However, I still feel that amendment 102 is necessary to protect the devolution settlement, because we should not have UK Government Ministers acting in devolved competencies. They should not be able to take this decision wherever they feel it is necessary to do so.

We are not for a second suggesting that we would not act in concordance with our international agreements, because we would. I am sure the Minister would not suggest otherwise, as the Scottish Government do stick to their international agreements—regardless of whichever Government signed up to them, we do our very best to fulfil them. However, this is about the implementation of procurement rules and ensuring that that works in the best possible way for Scotland.

The Scottish Parliament is writing legislation on procurement for Scotland, which, as has been noted a number of times in this Committee, is distinct and separate in Scotland. We already have our own procurement system, which works on a different basis to the procurement system down here. We have already talked about the real living wage running through our procurement rules, where it is not in the rest of the UK. We already have a distinct situation. The UK Government are not elected to take this action in Scotland. The Scottish Parliament is elected to take this action in Scotland and to implement it in the way that will work best for our procurement systems and for the people of Scotland, who elected the Scottish Parliament to do that.

Amendment 102 says:

“A Minister of the Crown acting under subsection (1) must acquire the consent of Scottish Ministers.”

I do not think that is too much to ask on the basis that this is a devolved area. Actually, if the UK Government are making new procurement rules that relate to Scotland’s implementation of its international agreements, ensuring the consent of Scottish Ministers means those rules will work within our procurement frameworks, systems and situations in order that those agreements can be properly implemented.

The Scottish Government want and intend to implement these international agreements properly. However, in order for that to happen as written, the UK Government will need a significant understanding of the Scottish procurement system, which is distinct from that of the rest of the UK. Our system will continue to be distinct in order to be able to write appropriate legislation that will apply in Scotland and work within our devolved legislation. It seems like a burden for UK Government Ministers to have to learn that, when actually, they could just say to Scotland, “How would you like this to be written?” and the Scottish Government could say, “This is how we would write it.” We could then have a discussion about whether or not that implements our international agreements. I am certain that it would, because the Scottish Government are good at acting in compliance.

Lastly, respect for the devolution settlement is an important tenet of our democracy. Devolution to Scotland is what the Scottish people voted for. We have the Scottish Parliament, which is significantly more popular than the Westminster Parliament in terms of the actions taken on behalf of the Scottish people. It is also significantly better regarded in terms of accessibility. I do not mean accessibility simply in terms of the building; I mean accessibility in terms of people being able to come and speak to Ministers and to have Ministers or civil servants listen and take action that improves their lives. It is much closer to people, and people feel that. Moving this process even further away seems like a real negative for people in Scotland.

[David Duguid (Banff and Buchan) (Con)]

I am listening to the hon. Member very carefully. Given her assertion that only people who are elected to the Scottish Parliament should make these decisions, should not she and I, and indeed the Chairman of the Committee, get our coats and head home early today?

[Kirsty Blackman]

As I mentioned in previous speeches, we are taking decisions here for the entirety of the UK. Like it or not, I have been elected in the same way as the hon. Member has, as a UK member of Parliament. We therefore have the right in this place to take decisions on procurement in England and procurement in Wales. We do not have the right to take decisions on procurement across the UK, given the agreement that the implementation of procurement and how it works in Scotland is devolved.

In fact, this Bill does not confer any rights on Members of Parliament to make decisions for the people of Scotland. It confers the power on Ministers to make that decision, which is very different from conferring it on Parliament. I have spoken before about the Executive power creep of recent years, which continues to give more power to the Executive and less to parliamentarians and MPs in this place. It is therefore important that the Scottish Parliament gets to take these decisions. I do not think the UK Government should be allowed to override the devolution settlement whenever they feel it convenient to do so, as we saw recently when they used section 35 to stop legislation put through the Scottish Parliament on a cross-party basis.

Again, the Bill is a further overreach of the UK Government’s powers. We are not suggesting for a second that the UK does not have the right to sign up to international agreements. It absolutely does, but we have the right in Scotland, as part of the devolution settlement, to implement those rules in devolved areas. In that regard, I would like to push amendment 102 to a vote. I am not convinced that I will get terribly much support, but I will do my best anyway. Hopefully the Minister will move Government amendment 59, which is a step forward, as I have said, and I hope he will also agree to the inclusion of our amendment.

[Alex Burghart]

To address the most pressing issue in this group, I must confess to having a Celtic heritage. Indeed, my grandfather was from south Wales, and his grandfather was born in the workhouse, not terribly far from the constituency of the hon. Member for Islwyn, so he has found me out.

--- Later in debate ---

[Kirsty Blackman]

The Minister is suggesting that clause 90 will be used only in extremis. Do I read that correctly, or is that not his suggestion?

[Alex Burghart]

Certainly, if there was an international agreement and the Scottish Government wished to legislate or regulate to implement it, that would be our preference. As I say, it is important that we put safeguards in the Bill. On the hon. Lady’s point about burdens being placed on officials by having to keep up with procurement regulations in Scotland, I can assure her that my officials welcome the burden, and that their understanding of such regulations is so strong that they would not notice the extra weight at all. I hope that she will not move her amendment.

Question put and agreed to.

Clause 88 accordingly ordered to stand part of the Bill.

Schedule 9 agreed to.

Clause 89 ordered to stand part of the Bill.

Clause 90

Treaty state suppliers: non-discrimination in Scotland

Amendment made: 59, in clause 90, page 60, line 32, at end insert—

“(1A) Regulations under subsection (1) may only include provision that is equivalent to provision in—

(a) subsection (1), (2), (5) or (6) of section 88 (treaty state suppliers),

(b) section 89 (treaty state suppliers: non-discrimination), or

(c) Schedule 9 (specified international agreements).

(1B) Regulations under subsection (1) may not be made unless a Minister of the Crown considers, or the Scottish Ministers consider, that the regulations are necessary in order to ratify or comply with an international agreement to which the United Kingdom is a signatory.

(1C) In subsection (1B), the reference to being a signatory to an international agreement includes a reference to having—

(a) exchanged instruments, where the exchange constitutes the agreement;

(b) acceded to the agreement.”—(Alex Burghart.)

This amendment would mean that a Minister of the Crown or Scottish Ministers, in making regulations under clause 90, may only make provision equivalent to provision in Part 7 and if the Minister considers, or Scottish Ministers, consider it necessary in order to ratify or comply with an international agreement.

Amendment proposed: 102, in clause 90, page 60, line 32, at end insert—

“(1A) A Minister of the Crown acting under subsection (1) must acquire the consent of Scottish Ministers.”—(Kirsty Blackman.)

Question put, That the amendment be made.