Parliamentary Buildings (Restoration and Renewal) Bill (Second sitting)

Debate between Tom Brake and Christian Matheson

Committee Debate: 2nd sitting: House of Commons
Tuesday 4th June 2019 Public Bill Committees

[Christian Matheson]

My right hon. Friend is absolutely right. Before I started scrutinising the Bill, that would not have occurred to me. Only from listening to the debates was that example brought to my attention. The relevance of the amendment is that the proposed report would demonstrate that we are looking at such issues, and allow external bodies to audit, perfect and improve our proposals.

I emphasise invisible disabilities because they are commonly overlooked when planning for disability access, as my right hon. Friend has pointed out. Specific investigations are required into how we can make the Palace of Westminster and surrounding sites sensitive to disabilities that are not necessarily obvious. For example, architectural consideration must be given to people with learning disabilities or autism. The noisy and busy halls of Westminster can present a challenge to many individuals. We need to be imaginative in working out how this place can be accessible. For example, specific quiet areas could provide a space for individuals with such needs to learn about Parliament in a comfortable setting.

As I walk around the Palace of Westminster, particularly on non-sitting days, when both Chambers are open to guests, there is a clear lack of seating for those suffering from chronic pain or fatigue, or older guests who might need to rest a little bit more often. Perhaps that could be rectified in the renewal of Parliament. I hope that hon. Members will support the amendment, should I decide to press it to a Division.

Access considerations for every form of disability must be at the forefront of our minds throughout the restoration and renewal process. By preparing a report, we can focus our minds and the minds of those on the Delivery Authority. It will give an opportunity to external bodies, which are experts in these areas, to help and guide us, and to provide new thinking, as thinking develops on how we support people with disabilities.

[Tom Brake]

It is a pleasure to serve under your chairmanship this evening, Mr Hanson. I rise to encourage hon. Members to participate in the different consultative sessions that are taking place for the northern estate programme on issues such as disability. That can feed into the wider considerations on disability that the hon. Member for City of Chester has raised. There are many opportunities for hon. Members to take part. I am afraid that on occasion the response is not overwhelming. It does provide a fantastic opportunity for Members to raise disability issues. Members will be aware that even in Portcullis House there are still issues—for example, for people in wheelchairs there are major problems going through doors. I encourage all Members to participate in the opportunities that are currently available.

[Christian Matheson]

I want to do the best for disabled visitors, Members and staff, but I do not have that expertise, as I said in response to my right hon. Friend the Member for Alyn and Deeside. Would not publishing such a report allow us to call upon the expertise of external bodies to help us with our thinking on the design?

Parliamentary Buildings (Restoration and Renewal) Bill (First sitting)

Debate between Tom Brake and Christian Matheson

Committee Debate: 1st sitting: House of Commons
Tuesday 4th June 2019 Public Bill Committees

[Christian Matheson]

I beg to move amendment 2, in clause 2, page 2, line 16, at end insert—

“(f) to require the Delivery Authority to ensure that contracts for construction work in connection with the Parliamentary building works must not be awarded to construction companies who have been found to have blacklisted construction workers from employment and who have subsequently failed to enter into a Trade Union Recognition Agreement with a registered UK trade union.”

We fully support the creation of a Sponsor Body as a single client body working on behalf of each House with overall responsibility for the programme. The body will make strategic decisions relating to the carrying out of the works and consult with Members of both Houses when performing their duties.

The Bill requires the Sponsor Body to form a company limited by guarantee, the Delivery Authority, to formulate proposals relating to the Palace restoration works and to carry out the parliamentary building works. With the inclusion of the Delivery Authority, these two independent authorities are able to operate effectively in the commercial sphere, bringing the expertise and capability needed for a project of this scale. This two-tier approach was used successfully to deliver the London Olympics.

[Tom Brake (Carshalton and Wallington) (LD)]

On a point of order, Sir Gary. I wish to seek clarity on whether there will be a clause stand part debate separate to the debate on the amendment.

--- Later in debate ---

[Tom Brake]

I know that the hon. Gentleman has pursued the matter assiduously, and I commend him for that. He has rightly set out the scale of the problem. He will be aware that if a policy of employing no companies that had blacklisted workers had been followed, there would have been difficulties delivering contracts. Does he know how many of the largest players in the construction sector have entered into a trade union recognition agreement?

[Christian Matheson]

The right hon. Gentleman is right. The problem is that blacklisting was prevalent in the industry for many years, and the danger is that it is still prevalent. The truth is that I am not quite sure. Most of those companies will not have done that at this stage, but this measure is a way of encouraging that. I will come back to that point.

In the decade since the 2009 raid on the Consulting Association, trade unions fighting for their members would have found it easier to get blood from a stone than to get justice for their members. Compensation was received from only some of the culprits, after lengthy legal battles. One such construction company was Sir Robert McAlpine. Last December at the commencement of yet another legal action, the company said that

“Blacklisting in construction was, until 2009, an industry-wide issue…most of the largest British companies in operation today were involved in the past when there was no legislation in place to outlaw the practice.”

In other words, they would still be at it now if the minimal legislation had not been in place, which incidentally is mostly to do with data protection laws. Since the founding chairman of the Consulting Association was a director of Sir Robert McAlpine, we can hardly be surprised. Yet many firms are still at it now, and many have not admitted their guilt or paid compensation. Parliament cannot be allowed to be associated with the practice, or with firms that have undertaken the practice and failed to make good their crimes and misdemeanours.

First, the reputation of Parliament is at stake. We cannot be seen to be enriching businesses that carried out these crimes and have not been held responsible or admitted liability. Secondly, this is a prestigious contract, and these will be prestigious contracts. It is not just about the money. The companies will win new business on the back of this globally high-profile work. Thirdly, it is also about the type of culture we want working on projects on this estate: one in which safety is paramount and where concerns are listened to; one in which workers are respected; and one in which discrimination is not permitted. We need to be clear that blacklisting is a form of discrimination. If such a culture is permitted, and if workers are too scared to raise concerns for fear of losing not just their job but their ongoing livelihood, then the reputational damage to Parliament should someone suffer injury or death on our site would be horrendous, not to mention, of course, the responsibility we would bear for the victim and his or her family.

The amendments before the Committee instruct the Delivery Authority not to consider applications for contracts from firms that have been found to be involved in blacklisting, and that have not subsequently entered into a trade union recognition agreement. To touch on the point made by the right hon. Gentleman the Member for Carshalton and Wallington, Members on this side have considered different forms of words to encapsulate the demonstration of progress away from blacklisting made by construction firms. We considered whether it would have been sufficient to have paid compensation arising from the court cases. I remind the Committee that some implicated firms have not even done that—I cannot name them yet because they are involved in ongoing legal cases, but there are several of them.

We decided that it was insufficient, as it did not clearly demonstrate a change of behaviour. The amendment calls for the Delivery Authority to proscribe any of the firms found to have been involved in blacklisting, for example through the loss of a court case, reaching an out-of-court settlement, or having been a member of a blacklisting body such as the Consulting Association and having not since entered into a recognition agreement with a UK trade union. A recognition agreement is a way of demonstrating a change of culture: a determination to work together to resolve problems and a commitment to treating employees and their representatives with respect. In other words, it is about not just apologising for blacklisting in the past but taking clear and concrete steps not to undertake it again. I am sure that workplace safety would be at the heart of any such agreement, with which no hon. Member could disagree. If we insist on the measure in this place, it will send a signal to the industry for the first time, and we may see the beginning of the end of this dreadful, mean, discriminatory practice that has downright dangerous consequences. We missed the chance in offering the Elizabeth Tower and Big Ben contract to McAlpine, which had previously been up to its neck in blacklisting; we cannot miss it again. Above all, it is right to make a stand against blacklisting, so I urge the Committee to support the amendment.

Following your guidance, Sir Gary, I will move on to new clause 1.

[Christian Matheson]

I pay tribute to my hon. Friend the Member for Hackney South and Shoreditch, who has also tabled amendments on the subject. The project is of national significance and is relevant to every part of the UK. Regions and nations across the United Kingdom should have the opportunity to benefit economically from the parliamentary building works. Work should be spread across the United Kingdom and across companies of different sizes.

The project provides us with a wonderful opportunity to invest in people’s futures by upskilling them and by working with small and medium-sized enterprises as well as larger businesses. It is incumbent on the Sponsor Body to ensure that all areas of the country benefit from the programme, including businesses outside London and the south-east. Market engagement and involvement must begin early and reach as widely as possible to include geographically diverse companies.

In particular, the project gives us the opportunity to work with people in the heritage and conservation sector, with the potential to create training opportunities in that sector. Those skills may have been lost or might not exist in some areas of the UK economy, so this is an opportunity to bring them to the nation for the first time, or for the first time in many years. There is a real risk of a skills shortage in this niche sector. The Joint Committee recommended that the Sponsor Body and the Delivery Authority consider how apprenticeships and other training schemes could be delivered as part of the R and R programme to increase capacity in the area and to provide a lasting legacy of skills from the programme.

The new clause asks the relevant body to provide a regular report that details its work and how it has met the requirements of spreading the work, wealth and skills around, so that can be scrutinised and progress can be monitored. I commend the new clause to the Committee.

[Tom Brake]

Has the hon. Gentleman considered making that information available online when the contracts are signed, rather than in a six-monthly report?

Parliamentary Buildings (Restoration and Renewal) Bill

Debate between Tom Brake and Christian Matheson

2nd reading: House of Commons & Money resolution: House of Commons & Programme motion: House of Commons
Tuesday 21st May 2019 Commons Chamber

[Christian Matheson]

I am most grateful to my hon. Friend for that suggestion. I had not realised until recently that it was only a temporary building. It has become such an important and integral part of Parliament’s work, and her suggestion is well made and I hope will be well listened to.

Let me turn to environmental sustainability. I was delighted that Parliament recently passed the Labour party’s historic motion declaring a climate emergency. It is important to consider the environmental impact of the restoration and renewal works. Designs for the buildings incorporated into the northern estate programme, and those being planned for restoration and renewal, emphasise the high efficiency of equipment and operational energy use and electricity as the principal power source, based on projections of future grid decarbonisation.

The Committee on Climate Change’s report, “Net Zero—The UK’s contribution to stopping global warming”, recommends an emissions target of net zero greenhouse gases by 2050, and Parliament has a plan for that. I understand that within the necessary constraints of heritage and conservation planning the refurbishment will support the energy efficiency of the buildings involved, using more energy-efficient building fabrics, including, where feasible, in the Palace of Westminster. However, environmental sustainability must now be locked into the heart of every decision we make.

The illegal practice of blacklisting is an issue that hon. Members have raised in the House, as have I. I remind the House of my entry in the Register of Members’ Financial Interests: I am a member of and have gratefully received support from the Unite and GMB trade unions. While this is a matter for the Delivery Authority, we must remember that the practice of blacklisting is illegal and has caused untold harm to people’s lives. We have a wonderful opportunity to invest in people’s futures by upskilling them. We can harness the current skills of specialists from around the UK and train and encourage more young people, especially women, into this area. We must also send out the clear message that this is a prestigious project and that companies that have been involved in blacklisting construction workers will not be welcome to submit bids. I hope that hon. Members on both sides of the House will support this position.

[Tom Brake]

I congratulate the hon. Gentleman on his work on blacklisting. He raises the matter with me regularly. Does he agree that investment in skills must be a priority if the UK is not to need to import a lot of people, probably from the EU, to work on things as varied as the carvings, the masonry and the windows? If we do not invest in skills now, those people will simply not be there.

[Christian Matheson]

I absolutely agree. I hope we can also see this as an opportunity to train people in situ during the project, but someone has to do the training itself, so we will certainly have to upskill our people.

Oral Answers to Questions

Debate between Tom Brake and Christian Matheson

Thursday 21st February 2019 Commons Chamber

[Christian Matheson (City of Chester)]

9. What recent discussions the Commission has had with trade unions on pay, terms and conditions for parliamentary employees.

[Tom Brake (Carshalton and Wallington)]

The House of Commons Commission delegates the negotiation of pay and terms and conditions for House employees to the Commons Executive Board. Formal and informal meetings between House of Commons management and its recognised trade unions take place on a regular basis. Formal discussions relating to changes of pay, allowances and conditions of service for 2019-20 were last held on 3 December. Pay negotiations for 2019-20 will begin shortly, following agreement of the pay remit by the House of Commons Commission.

[Christian Matheson]

I draw the House’s attention to early-day motion 2025, which I have signed, concerning rates of pay for security officers. How on earth have we got into a situation where our security staff feel it necessary to ballot for industrial action? Will the House of Commons Commission get a grip on the management of the security department and tell it to start treating these loyal and essential men and women with decency and respect, and to pay them and treat them properly?

[Tom Brake]

I thank the hon. Gentleman for his question and for drawing our attention to this matter. He may be pleased to hear that the Clerk of the House has written to the Public and Commercial Services Union confirming that changes to rest breaks, which were a particular issue of concern, will be reversed as soon as is operationally possible. Initial talks have been held and the House awaits a further proposal from PCS for it to consider.

Oral Answers to Questions

Debate between Tom Brake and Christian Matheson

Thursday 25th January 2018 Commons Chamber

[Christian Matheson (City of Chester) (Lab)]

9. To ask the right hon. Member for Carshalton and Wallington, representing the House of Commons Commission, what steps the Commission is taking to ensure the highest standards of employment practice from contractors working on the Palace of Westminster renewal and maintenance projects. [R]

[Tom Brake (Carshalton and Wallington)]

The House service’s contract requirements and terms and conditions make provisions for contractors to provide adequate working conditions for employees. The provisions include health and safety, security, training, remuneration and payment of at least the London living wage to employees if working on the parliamentary estate. The working conditions provided by the contractors must be compliant with relevant legislation and ensure appropriate welfare and maintenance of stable and skilled workforces to ensure successful delivery of our contracts.

[Christian Matheson]

I refer to my entry in the Register of Members’ Financial Interests and thank the right hon. Gentleman for that answer.

Companies such as McAlpine, which is up to its neck in blacklisting, have contracts on the parliamentary site. Since the best form of protection for workers is membership of a strong trade union, will the Commission consider giving named officials of the relevant trade unions security access so they can come in and check to make sure blacklisting is not taking place on these premises?

[Tom Brake]

I thank the hon. Gentleman for advance notice of the supplementary question. I am afraid that the current position is that passes can be issued, for instance by Members, only for a specific purpose in supporting that Member. However, the hon. Gentleman has made a specific request and I undertake to secure a written response to it for him.

Oral Answers to Questions

Debate between Tom Brake and Christian Matheson

Thursday 26th October 2017 Commons Chamber

[Tom Brake (Carshalton and Wallington)]

The House awards contracts to the most economically advantageous tender, in accordance with the statutory regime set out in the Public Contracts Regulations 2015. That involves the evaluation of bids using weighted objective criteria, such as whole-life costs, service levels, equality and other environmental or social aspects to ensure compliance with the principles of transparency, non-discrimination and equal treatment, meaning that tenders are assessed in conditions of effective competition.

[Christian Matheson]

The Big Ben refurbishment contract has been awarded to McAlpine, which is up to its neck in blacklisting. Is it not now time that we gave McAlpine a taste of its own medicine? Is it not possible for us to strip that blacklister of the contract? If not, can the House of Commons Commission take industrial relations and social responsibility into account in the awarding of future contracts?

[Tom Brake]

I understand the hon. Gentleman’s question. He may be aware that pre-qualification criteria contain grounds for mandatory exclusion where a potential supplier has been convicted for breaching any relevant legislation, including the Employment Relations Act 1999 (Blacklists) Regulations 2010. However, I think the critical issue is there having been a conviction for breaching that legislation. The other difficulty is that, unfortunately, a large number of major contractors in the UK were involved in blacklisting, and an approach that involved offering no work to any of those, including those who perhaps settled out of court, would make it very difficult for any work to be undertaken.

Oral Answers to Questions

Debate between Tom Brake and Christian Matheson

Thursday 9th June 2016 Commons Chamber

[Tom Brake]

I am happy to agree with that comment.

[Christian Matheson (City of Chester) (Lab)]

2. What discussions the Commission has had with trade union representatives on the terms and conditions of employees of the House.

[Tom Brake]

The Commission delegates to the Executive Committee responsibility for negotiating changes to terms and conditions of House staff with the recognised trade unions. The House is currently in pay negotiations for the financial year 2016-17 with the unions representing staff in the main A to E pay bands and the catering pay bands. These negotiations are being undertaken in the context of the general pay constraint within the public sector and the requirement for the pay of House staff to remain broadly in line with that of the home civil service.

[Christian Matheson]

I thank the right hon. Gentleman for that answer. I am concerned to learn that certain members of the catering department are having to work double shifts in order simply to make ends meet. Can he confirm that, as part of the pay negotiations, staff will be paid the London living wage, not the Government’s bogus living wage? Does he agree that perhaps paying an extra 5p or 10p for a cup of coffee or a meaty wrap would be money well spent if we were paying our staff correctly?

[Tom Brake]

I am happy to confirm that staff are indeed paid the London living wage, and to ensure that the hon. Gentleman receives a response to his question about double shifts. I am also happy to raise his suggestion that a tariff should be applied to sandwiches in this place to ensure that pay is raised in the way he has indicated.