Procurement Bill [HL]

Lord Fox Excerpts

3rd reading
Tuesday 13th December 2022 Lords Chamber

[Baroness Neville-Rolfe (Con)]

My Lords, I will move a minor technical amendment to Clause 110 in my name. I know how keenly noble Lords have scrutinised the Bill, and I am therefore confident that they will have noticed that, in the definition of “equivalent body” in Clause 110(6), the very incongruous words, “[subsection removed]”, appear in square brackets. I am informed that this cannot be amended administratively to make the appropriate cross-reference. Therefore, in the interests of sending the Bill to the other place in a form which can be understood, I have tabled an amendment to insert the missing cross-reference, which is to Clause 1(4). I beg to move.

[Lord Fox (LD)]

I thank the Minister because I have been worrying myself to death about this issue and clearly welcome her amendment.

Amendment agreed.

--- Later in debate ---

[Lord Fox (LD)]

My Lords, as the Minister pointed out, this is a really important Bill. It will guide an estimated £300 billion of public procurement, hopefully making it safe while driving some of the things we want to happen. I thank the Minister. She had an interesting start on this Bill; she too was a Back-Bencher and tabled several critical amendments early on, and was then suddenly propelled to the Front Bench. I think we benefited from that change of perspective—that is not to criticise her predecessor.

It is appropriate that we should bookend this Bill with another amendment, because it has been a story of amendments. We should thank the Bill team, who worked through the night at the start of this in Committee in July, explaining and setting out what the hundreds of amendments were there to do. But because there were so many amendments and clearly there was so much work to do, the Bill leaves us with still more work and scrutiny required, if it is going to achieve the things that we all want it to achieve—that is, to have a transparent process that helps our small, medium and social enterprises to flourish in the public procurement system. When it goes to the other place, I hope that those further changes can be made to make sure that it delivers that, and in an ethical way.

I thank the Minister, her predecessor and her Whips in this. I thank the noble Baroness, Lady Hayman, and the noble Lord, Lord Coaker, for what has been a very constructive and co-operative process. I also thank my colleagues. I will name them, because they have worked very hard: my noble friends Lady Brinton, Lady Humphreys, Lady Northover, Lady Parminter, Lord Purvis, Lord Scriven, Lady Smith, Lord Clement-Jones and Lord Wallace. That list reflects the fact that the Bill touches so much of public life. Finally, I thank Elizabeth Plummer in our Whips’ office, without whom life would have been extraordinarily confusing for us on these Benches. That said, we wish the Bill well and beg that the MPs continue to work on it on our behalf.

[Lord Alton of Liverpool (CB)]

My Lords, I have something to add before the thanks are completed. The Minister was good enough to express her thanks to the Cross Benches, and I draw the attention of the House to the all-party amendments which were included in the Bill. I begin by thanking her. As the noble Lord, Lord Fox, just said, it was unusual for a poacher to be turned gamekeeper in the course of the proceedings of the Bill and she did it with great aplomb and showed all the characteristics that we have come to associate with her, in the way that she dealt with constructive attempts to improve the Bill as it proceeded through Committee and Report.

As the noble Lord, Lord Fox, said, the Bill has enjoyed support from around the entire House and, of course, whatever form a Bill is in, we will all always want to try to add to it, if we are able to do so. I was therefore very grateful to the House for including the cross-party amendment I moved on the removal of surveillance equipment. I also supported the all-party amendment in the name of the noble Lord, Lord Hunt of Kings Heath, who is here, on the use of forced organ harvesting. Those two amendments are now in the Bill as it goes to another place. Unlike on ping-pong, this is a pristine Bill going to the other place. I hope that Ministers will engage with those amendments and not simply try to remove them.

There were two other amendments. The Minister will recall that the noble Baroness, Lady Stroud, moved an all-party amendment which was not taken to a vote. We had a discussion during Report about how that could be taken to the Minister who might deal with the Bill when it reached the House of Commons. I hope that the noble Baroness, Lady Neville-Rolfe, will be able to draw that to the attention of the House of Commons Minister and suggest that such a meeting should now take place.

With those remarks, I thank the noble Lord, Lord Fox, and his noble friends, but also the noble Baroness, Lady Hayman, and her noble friends—the noble Lord, Lord Coaker, in particular—and those on the Cross Benches who supported the amendments that we brought forward.