(7 months ago)
Commons ChamberI welcome today’s statement and my right hon. Friend’s setting out the five heads of harm, and I also welcome Sir Robert Francis as the interim head of the new authority. It has taken a long time to get here, and one of the biggest harms has been the delay in seeing this day. A lot of people will be feeling that really acutely. We need to avoid this happening again, and that is partly about addressing the cover-up culture in so many of our organisations. Does my right hon. Friend agree that we need a change in our legislation to ensure that, right across the public sector and our society, we have a desire for openness and transparency, and get rid of the cover-up culture once and for all?
My hon. Friend puts it very well, and I agree with her assessment. We need to come to terms with the fact that there are flaws in the way we operate. They have been powerfully and vividly depicted in Sir Brian Langstaff’s report, and the Government must respond in a suitably comprehensive way.
(1 year, 1 month ago)
Commons ChamberI am pleased to have the opportunity to speak in the first King’s Speech debate for 70 years, not least because of its historic nature but also because the first day of the debate affords an ideal opportunity to speak about whistleblowing and whistleblowers’ protection, which is an issue that crosses all Departments and sectors.
While legislation keeps whistleblowing siloed as an employment and, thus, Department for Business and Trade matter, evidence shows that it is everyone’s issue, affecting every area. I will attempt to set out just a few of them. First, I welcome the measures in the King’s Speech to give the police more powers to tackle serious, complex economic and organised crime and to crush grooming gangs. We know that often the single most effective way to detect crime is through whistleblowers and informed insiders.
Whistleblowers are responsible for uncovering about half of economic crime in the UK. They play an important role in identifying wrongdoing across all sectors and all of society, from flagging medical negligence and cover-up to shining a light on sexual assault and the abuse of power. They are people who do the right thing, despite the risks to their reputation, the risk of retribution and the risk to their personal wellbeing. The problem is that those risks are high, so there is little incentive to take such a risk at all.
Further, whistleblowers are often ignored. While I welcome the measures that will rightly provide the police with additional powers to help them tackle child sexual abuse, including grooming, particularly when it occurs online, when grooming gangs were operating in Rotherham and Rochdale, the whistleblowers who brought attention to what was taking place were ignored or— worse—silenced, and the gangs were able to carry on for far too long.
On the occasions when whistleblowing is debated in this place, those debates are responded to by a Business Minister. I am delighted that the current Minister—the Under-Secretary of State for Business and Trade, my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake)—is a former vice-chair of the all-party parliamentary group for whistleblowing, which I chair. However, given that there are whistleblowers in every sector, whistleblowing should be within the remit of a Minister in every Department and ultimate oversight should be with the Cabinet Office, as many have suggested.
As we know, omission from the King’s Speech does not mean that there is no scope for legislation, which is why I continue to call on the Government, following their framework review, to introduce laws to protect and support whistleblowers and to recognise that whistleblowing is more than just an employment matter. It is rare for there to be cross-party support on an issue, but I believe that protecting whistleblowers is one of those issues. We need a speaking-out protection for everyone, but at the moment the Government’s definition of a whistleblower is a worker who reports “certain types of wrongdoing.” The guidance clarifies that this wrongdoing will
“usually be something you’ve seen at work—though not always.”
The current legislation—which incidentally specifically mentions all Members of Parliament as having legal duties towards whistleblowers—is the Public Interest Disclosure Act 1998, or PIDA. This 25-year-old piece of legislation was a groundbreaking part of UK employment law, but is now not fit for purpose. It leaves myriad people, such as contractors, volunteers, trustees and the families of employees who may have witnessed or have evidence of wrongdoing, misconduct or even criminal activity, unprotected from any negative consequences that may ensue if they blow the whistle.
Openness and transparency should be the cornerstone of our society and institutions. Therefore, I look forward to hearing more about some of the measures that the Government intend to introduce, such as a legal duty of candour for police officers, requiring them to tell the truth to inquiries, investigations and public authorities. People would ask why we do not expect candour from all public servants anyway, backed up by legislation that encourages all people to speak out and to feel safe in doing so. In the NHS, following the recommendations of Sir Robert Francis’s inquiry into Mid Staffs, a statutory duty of candour was put into law for NHS trusts and other providers in 2014 and 2015. This duty plays an important role in a culture of openness and transparency, which is vital for patient safety, but despite that we continue to hear about whistleblowers being penalised for speaking up and raising concerns.
A statutory duty of candour must be backed up by a change in culture and whistleblower protections. We do not need to be reminded of the doctors who raised the alarm over the murders of seven babies and the attempted murder of six more at the Countess of Chester Hospital. They should have been listened to from the start, not silenced or made to apologise to the killer. Their jobs hung in the balance, and while they ultimately kept their livelihoods and have since been vindicated, it is extraordinary that it took so long for them to be heard and for the matter to be taken seriously. I have heard from one of the doctors at first hand, and I was shocked at how the situation unfolded. Not only is it reasonable to believe that lives could have been saved if concerns had been taken seriously, but the killer was treated like the victim and the whistleblowers like the offenders.
Many of those doctors have suffered personal detriment as a result of that treatment—details that we know discourage people from speaking up. The law, PIDA, does not incentivise speaking up and, if anything, is an effective deterrent. Whistleblowers, including even those who come within its scope, all say the same thing: PIDA does not work. That is confirmed by the evidence provided by the courts that less than 4% of cases succeed at employment tribunal and that not a single case of wrongdoing has been escalated in the 25 years of PIDA’s existence.
In transport, the measures in the rail reform Bill to improve our rail network and ensure an efficient service and particularly accountability will be welcomed by my Cheadle constituents. I mention the importance of accountability because it relates to HS2 and the report just the other week in The Times, which revealed that an individual who blew the whistle on HS2 Ltd’s alleged cover-up of mounting costs not only did not have his contract renewed, but struggled for more than a year to find other employment in his industry, which he attributes to his whistleblowing. He is not alone. In the media, it was a whistleblower who exposed the use of fake bank statements by Martin Bashir to support false claims in his interviews with Earl Spencer, yet his whistleblowing led to him being sacked after raising concerns. In some industries, whistleblowers are still deterred by the fear of blacklisting.
We tend to focus on deterring negative or criminal behaviour, as we should; however, perhaps now is the time to consider incentivising positive behaviours as well. I met someone from a local business this summer and was told how important the furlough scheme and covid-19 business loans were to their firm, but, having struggled to do the right thing and pay back the loan, they were frustrated that so many businesses are simply leaving the loans unpaid—some in the hope, perhaps, that they might never need to repay them.
I am pleased that the Government are taking action to deal with that, because we know that public sector fraud has grown since the covid-19 pandemic began. The Public Accounts Committee reported recently that these swiftly rolled out schemes were vulnerable to fraud and error, and were exploited to the tune of millions. They were good schemes that kept people in work and businesses afloat. Both the Cabinet Office and HM Treasury have committed to recovering as much public money as possible, but they accept that most of the £21 billion lost to fraud during the pandemic will not be recoverable, so a commitment to that recovery is welcome.
While it is vital that our laws and penalties are robust—the King’s Speech sets out many further measures and laws that will be put in place—we must not just deter individuals from committing crimes, but punish the ones who do, and punish them properly. We should support and perhaps also compensate those who come forward to share information about wrongdoing—those who are sometimes at risk of personal detriment.
It is rare that I would reference speeches given at the Labour party conference, but on this occasion I will. I noticed that the shadow Foreign Secretary commented in a speech at the conference that his party would introduce a new whistleblower scheme to reward those who expose stolen assets and sanction breaches and help to recover misappropriated funds. In my view, this should perhaps go even further and not be limited to whistleblowers who expose stolen assets and sanction breaches. We should seek to recover the estimated £350 billion lost to economic crime in the UK annually. We should recognise that all those who come forward to do the right thing and bring criminals to justice, stop negligence and malpractice, and highlight flaws in the system are doing it for all our benefit. We should be a country where doing the right thing is encouraged and celebrated, not a cause for punishment and detriment. We should be the country that makes whistleblowing work for everyone.
(1 year, 3 months ago)
Commons ChamberI can think of nothing nicer than being woken up by the hon. Gentleman. I can reassure him that we do encourage our colleagues in other Departments to go further on this. We have a range of carbon offsetting programmes in place and, as I say, our location strategy means that we try to locate people near public transport hubs. This is the very essence of a green transport strategy.
I am delighted that, in its first year of operation, the Public Sector Fraud Authority is expected to surpass its initial targets, as part of the overall £3 billion recovery of fraud over the last two years referred to by my right hon. Friend the Secretary of State. More widely, the Government have invested £1 billion in fraud and error reduction since 2022, and we continue to be recognised as a world leader in combating public sector fraud.
We know that whistleblowers are responsible for uncovering almost half of all fraud—fraud that costs the public sector an estimated £40 billion a year—yet our laws to protect and support them are not working. If we want to tackle public sector fraud, we need to encourage more people to come forward. Will my right hon. Friend agree to meet me to discuss how we can better support whistleblowers and tackle this vast expense to the public purse?
I am very happy to meet my hon. Friend, or one of my ministerial colleagues will. I can reassure her that we do wish to support whistleblowers. It is important that they are supported in doing what they do. We certainly respect and are grateful for information shared by whistleblowers. It is just part of the system, though, and it is important that we continue to use AI to ensure that we can track down fraud across the public sector.
(1 year, 6 months ago)
Commons ChamberMy hon. Friend poses a very good question. Whether it is on moral grounds, on the basis of what this House has voted for in the past or on the basis of legislation that is topical in many areas around modern day slavery at the moment, we should not be anywhere near that company or similar companies. Our Government, our public bodies and our procurement agencies need to take much more notice of what Governments do and say. Much more must be done, and urgently so.
It is incumbent on the House to call for a comprehensive investigation into Hikvision’s activities and its complicity in the suspected atrocities against the Uyghurs. We must work alongside our international partners to hold Hikvision and the Chinese Government accountable for their actions. Most importantly, we should use the purchasing power that we have as a Government and the interest we have in public bodies to disincentivise companies from behaving in the way Hikvision has towards the Uyghurs. At the moment, we are not merely failing to hold these companies to account; we are actually making them richer. The Government’s decision to remove Chinese state-owned surveillance at sensitive sites is welcome, but not sufficient. The widespread use of Hikvision equipment by police forces, hospitals and local councils risks providing malign states—
I am grateful to my hon. Friend for giving way. He has set out an alarming set of issues around the extensive use of this surveillance equipment across various sectors. I know that the Government are listening, so if they were to go ahead as he suggests, should they not, in a parallel way, also ensure that the capacity to fill the gap is there and incentivise other companies to fill it?
I do not wish to alarm my hon. Friend, but I am afraid that what we have heard is alarming. The trouble is that it is true. It is based on evidence and the sources that I have given.
We have to achieve a balance here, but we need to show greater urgency to dispel the current installations that we have. We need to ensure that they are replaced with reliable equipment from trusted sources as a matter of urgency. It is that urgency that we are not seeing. My hon. Friend the Minister said that within six months the Government would produce this list—a limited list of action that they are going to take. They could come up with a timeline that is still several years away. That is not realistic or sending out the right messages, and we can and need to do far better.
The widespread use of Hikvision equipment by those different agencies risks providing malign states with a back entrance into UK security and imposing an unwanted reliance on those countries. By contrast, the White House has taken a strong stance on those companies by refusing to support Chinese companies that undermine the security or values of the United States and its allies. Embracing and reasoning would allow the UK Government to be consistent with their commitment to protecting core national security interests and democratic values. That is why this new clause is so important. I hope that the Minister will respond positively to that and give us a reassurance and an offer, if we are not taking the new clause to a vote today. My right hon. Friend the Member for Chingford and Woodford Green has rather let the cat out of the bag by saying that he will not press his new clause to a vote. If that is the case, more has to be done in the other place. We need much tougher measures than we have seen so far, because I am afraid that the Chinese are laughing at our failure to treat this with the seriousness and urgency that it requires.
I rise to speak to my amendment 68, which was tabled with not just my signature on it, but those of the Chairman and the deputy Chairman of the Public Accounts Committee.
The amendment is about value for money and evaluation. We have heard during the course of this debate that this excellent Bill, which covers an enormous amount of much-needed reform in this area, deals with about £300 billion-worth of taxpayers’ money every year. That is a vast amount of cash and it is vital that we spend it as effectively as we possibly can. It matters not just for the value for money that taxpayers get, but for the efficiency and effectiveness with which our public services are delivered. That ought to be a compelling dyad if there ever was one.
The aim of amendment 68 is to achieve that evaluation, which we have already heard about from the Chairman of the Public Accounts Committee. I stress that this is not just a cross-party amendment, with support from both Labour and Conservative Members and from the cross-party Public Accounts Committee. It also has a very unusual political coalition behind it, which includes not only the Centre for Policy Studies, the TaxPayers’ Alliance and the Adam Smith Institute—all good, solid free-market, centre-right think-tanks—but Transparency International, Spotlight on Corruption, the Campaign for Freedom of Information and the Centre for Public Data. In other words, it is a very unusual political coalition, backing something because it is right in principle and because it yields better value for taxpayers’ money.
I urge Ministers to give the amendment much closer attention. I appreciate that it is different from the equally important questions that we have also addressed during the course of this debate, about exploitation of workers, exploitation of Uyghurs and human rights abuses around the world. However, domestically, in the middle of a cost of living crisis, it really matters to everybody in our constituencies, the man and woman in the street and hard-working families up and down the country and it can make a prompt difference.
Value for money is, of course, at the heart of procurement, and we all want to see it. The Royal Institute of British Architects has recommended post-occupancy evaluation. That would be an effective tool for public buildings such as hospitals and schools. Could it form part of the evaluations that my hon. Friend is talking about?
It is a pleasure to follow the hon. Member for Richmond Park (Sarah Olney). I rise to speak to amendments 61 to 67, which stand in the name of the right hon. Member for Barking (Dame Margaret Hodge)—sadly, she cannot be here today, so Members are stuck with me. I cannot do an impression of the energy she would have brought to this debate, but I can try to present the arguments that I think she would have made.
What we are trying to do with these amendments is strengthen the provisions in the Bill to help tackle economic crime. One would think, quite logically, that in a Bill on public sector procurement, the risks of economic crime would be quite a significant issue that we would be trying to deal with. I think it is quite right that we use the Bill to tackle issues of national security or modern-day slavery, but equally, I think it is wrong that we do not have the full protections we need for economic crime in the UK.
This is not just a theoretical problem. In a survey from about five years ago, about a quarter of councils said that they had been victims of corruption in their procurement processes. We estimate that the losses are around £876 million a year—the biggest cause of financial loss in local government—so there is clearly plenty of scope for improvement in our performance. We welcome the fact that under the new UK procurement regime, we have an exclusion and debarring regime that is much better, probably much tougher, and hopefully much easier to use. Those provisions do exist in the EU procurement regime, but they have been extraordinarily rarely used in the UK. I think we all hope that we will be much more effective at using the protections that we are putting in place through the Bill.
Exclusion and debarment could be a very effective way to incentivise good governance within suppliers, but also to enable local authorities to crack down on and get rid of corruption and fraud in procurement. Indeed, the United States goes a lot further to protect procurement by encouraging whistleblowers to come forward with information through the False Claims Act. In doing so, the US has recovered about £50 billion in respect of fraud in Government procurement and spending. Does my hon. Friend agree that a stronger whistleblowing framework and anonymous whistleblowing, perhaps through a hotline for procurement, could potentially save taxpayers millions of pounds?
I agree with my hon. Friend and commend her for the considerable amount of work she has done on whistleblowing—she truly is an expert. In general, the Americans have some good ideas on this. I was at a briefing last week where someone took me through those powers: if someone brings a private prosecution and the Government take it on halfway through, that person gets to keep 20% of the proceeds that are recovered, and if the Government do not take it on and that person is successful, they get to keep 40%. That creates a real incentive in the system for someone to take the huge risk to their personal wellbeing and career of exposing wrongdoing. I think we could learn a very great deal from the American position in that respect.
The amendments I want to speak to can be covered in three different groups. Amendment 67 would give contracting authorities the power to exclude suppliers when they have evidence of economic crime-related wrongdoing, not just a conviction for it. The Bill contains various measures by which authorities that are going through a procurement exercise do not actually have to see convictions—they can see credible evidence. We have ended up in the rather bizarre situation where I can exclude somebody from a procurement if I believe they have been part of a cartel in South America even though they have not been convicted, but I think they might well have been if they were in the UK; however, I cannot exclude somebody who I have real evidence has been committing economic crime in the UK, because there has not been a conviction for it yet.
The problem with that model is that convictions for crimes such as fraud have fallen by about two thirds in the past decade. We have not had a successful prosecution of a large corporate for fraud for a decade, I think, although we have had some deferred prosecution agreements. If we are relying on excluding dodgy companies from the process only where there has been a conviction, we are going to end up in the rather unfortunate position of there not being enough convictions to make the regime successful.
To me, it seems quite reasonable to allow an extension of the more wide-ranging rules in the Bill to apply to an authority that has credible evidence that an economic crime has been committed, especially if that prosecution process is ongoing when that authority is doing the procurement exercise, instead of it not being able to exclude that party from the exercise even though there is a real chance that they could be convicted quite soon. I just think that situation would be a real weakness. I am not saying that we would mandate exclusion in that situation, but empowering authorities to not go ahead with that party or bidder when they have credible evidence seems like quite a reasonable thing to do.
When this issue was raised in the House of Lords, the Government’s response was that it would impose an unreasonable burden on contracting authorities, but as I have just said, the Bill already imposes quite significant potential burdens to try to work out if somebody has been guilty of cartel-like behaviour. I suspect that would be harder than working out whether they have been guilty of actual fraud in the UK. We have the new unit being created that could support authorities in that process. That would not be mandatory. It would be an option that they could use in situations where they have that evidence, so there would not necessarily be any burden at all. I urge the Minister to give real consideration to whether a system that only allows successful prosecution of excluded companies that behave terribly in these areas of crime is the right balance to strike.
(2 years, 2 months ago)
Commons ChamberI very much agree with the right hon. Gentleman; we need to deliver for the people of Northern Ireland. That means making sure that we have free-flowing trade east-west as well as north-south, it means making sure that the people of Northern Ireland can benefit from the same tax benefits as people in Great Britain, and it means resolving the issues over governance and regulation. I would prefer to achieve that through a negotiated solution with the EU, but if we are not able to do that, we cannot allow the situation to drift; we have to proceed with the Northern Ireland Protocol Bill.
My hon. Friend is absolutely right that this health research is vitally important. I know that my right hon. Friend the Health Secretary is looking at whether and where the scheme can be expanded, and we will be doing further commissioning rounds to look at that issue.
(2 years, 3 months ago)
Commons ChamberIt is with immense sadness that I rise to pay tribute to, and give thanks for the life of, our late Queen Elizabeth. On behalf of my family and the people of Cheadle, I want to send heartfelt condolences to King Charles and the entire family, who remain in our thoughts and prayers at this sad time.
The Queen has been hailed as a golden thread which binds countries and people together, and her reign has been the single thread of continuity throughout my life and the lives of many people across the world who have known no other sovereign. I did not get to meet her, but the wonderful personal and moving tributes following the death of our beloved Queen allow us to glimpse the human face behind the monarch. Many stories relate the meetings and audiences that some privileged people were allowed to attend, while others describe those brilliant occasions when a visit would lead to a chance encounter with a few warm words and gestures forever imprinted on memories, to be retold to children and grandchildren.
For our parents and grandparents and those who lived through or fought in the second world war, it was the photos of the young princess in her ATS uniform that showed her steadfast spirit and her solidarity with them, and were an example of her desire to serve, which later came to exemplify her reign. Indeed, the appetite to see the Queen, not just in the newspapers but live on screen, set off a surge in sales of televisions, with millions of people gathering to watch the Coronation in 1953 on newly purchased, or rented, grainy black and white screens. Since then, her life of public duty—and her personal family life too—has been streamed directly into people’s front rooms, and that personal connection remained throughout her decades of service. We may not have met Her Majesty personally, but we knew her and welcomed her into our hearts and into our homes, especially at Christmas when our families gathered together and we heard her Christmas message, in which she was always perceptive, compassionate, guiding, sharing her wisdom and her love of God. As we have heard, on her 21st birthday she declared that her
“whole life whether it be long or short shall be devoted”
to our service. Her Majesty was happily blessed with a long life, and as a nation we have been blessed by her service.
We are experiencing a profound sense of loss as we mourn our Queen. We will miss having her in our lives. But the golden thread of duty, love and service that knits our communities and nations together will pass unbroken to her heir, King Charles III. God bless her Majesty. May she rest in peace, and God save the King.
(2 years, 5 months ago)
Commons ChamberWhat is actually happening in this country is that we are using the fiscal firepower that we have built up to cut taxes for working people and cut taxes for those on low incomes—we saw that last week with an average tax cut on national insurance of £330. We are increasing support for those vulnerable households, with another £326 going in from tomorrow. It is thanks to our Union that we were able to deliver the furlough scheme, which helped the entire country, and to make the massive transfers that boost the whole of the UK economy. The last thing that the people of Scotland need now is more constitutional wrangling when we need to fix the economy.
It is thanks to the massive exertions of this Government in levelling up, with the £650 billion investment in infrastructure, that we have a new railway station in Cheadle. I know that the bids that my hon. Friend has just mentioned are now being actively studied by those at the Department for Transport, and she should feed in more to them.
(2 years, 11 months ago)
Commons ChamberWhat we are doing is investing hundreds of millions to make sure that we have a dynamic vaccine industry. Clearly the Government need to work hand in glove with the private sector, as we have done. No matter how deep the abhorrence of the private sector on the Opposition Benches, it was private-sector private capital that produced the vaccine success.
At the beginning of 2020, Stepping Hill Hospital in my constituency was under such severe winter pressures that it was reaching critical OPEL, or operations pressure escalation level, 4. Since then, doctors, nurses and staff have worked tirelessly during the course of the pandemic, but covid is now taking its toll, particularly the omicron virus, and it is one of 17 hospitals that have said they will be taking a pause on non-urgent surgery. Will my right hon. Friend and my right hon. Friend the Secretary of State for Health and Social Care work with the Greater Manchester hospital trusts to ensure that they get all the support they need through this critical time?
(3 years, 2 months ago)
Commons ChamberI thank the hon. Lady for raising this anniversary. She is right to commemorate the victims of the Clarkston disaster. Our thoughts and our condolences continue to be with the families of those who lost loved ones. Of course, we must do everything in our power to make sure that no such tragedy is repeated.
Yes. It is vital that people should have the confidence to speak up against wrongdoing wherever they find it, particularly, of course, in the police. I believe that the people of Greater Manchester deserve better. I support and agree with what my hon. Friend says.
I will just say one thing. It is the responsibility of the Mayor of Greater Manchester to ensure that the police force acts—not a point that will be taken up on the Labour Benches—swiftly and decisively to address the failures that his constituents are currently finding.
(4 years ago)
Commons ChamberThe Government have introduced 30 hours of free childcare for eligible working parents of three and four-year-olds. We have ensured that the childcare sector has been able to stay open to support parents to continue to work. We are investing £1 billion from 2021 to help to create more high-quality, wraparound and holiday childcare places, both before and after school, and we will continue to push the fact that childcare needs to be distributed equally between both parents.
As we recover from covid, I am determined that we ensure that everyone across Britain is treated equally and has equal opportunity. The Equality and Human Rights Commission is critical to delivering that. I am delighted that, alongside announcing Baroness Kishwer Falkner as my preferred chair, I have appointed four new commissioners with a diverse range of opinions and backgrounds—a leading tech entrepreneur, a leading thinker, a pioneering health expert and a business leader—who are all committed to equality.
While the global focus has been on dealing with the coronavirus pandemic, other important issues also need our attention, particularly the rising rates of female genital mutilation. What measures is my right hon. Friend taking to tackle FGM internationally?
My hon. Friend makes a very good point. This is an issue of concern for the Government. According to the UN Population Fund, the covid-19 pandemic could disrupt efforts towards ending FGM. We cannot let that happen. That is why we are continuing with UK Aid supported programmes on FGM, which have already helped 10,000 communities.