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  • James Daly – 2023 Speech on Road Traffic Collisions Involving Cats

    James Daly – 2023 Speech on Road Traffic Collisions Involving Cats

    The speech made by James Daly, the Conservative MP for Bury North, in Westminster Hall on 9 January 2023.

    It is an honour to serve under your chairmanship, Ms Harris—I genuinely mean that.

    It is a pleasure to follow a speech that I did not disagree with a word of. I congratulate Olivia, who is sat in the Gallery. This is probably one of the easiest legislative exercises in the whole of this Parliament: we simply add the word “cat” into legislation and achieve what has been set out in this debate. As much as we all love goats, we should not be differentiating between animals in respect of their value. We differentiate and judge things in this House on their meaning to our fellow citizens. To me, it is utterly bizarre that the law does not take into account cats, considering how many people in this country own cats and how important they are to our fellow citizens.

    I hope the Minister, well-known animal lover that he is, will listen to this debate and look into doing something straightforward that will make a lot of people very happy. Although we struggle from time to time in this House, we have the opportunity to do something that will make people extremely happy.

    Rehman Chishti

    My hon. Friend has made the point clearly that this change is easily done if we consider the purpose behind the legislation. The Government have put forward the argument that one type of animal is a working animal of financial value; does my hon. Friend agree that legislation to require people to stop and report should be designed with regard to the alleviation of pain and suffering, irrespective of what animal it is? That ties into the Government’s commitment to animal welfare. We can move forward and do the right thing. Does he agree that that principle needs to be behind the legislation?

    James Daly

    I am probably going to agree with everything that everybody says in this debate. My hon. Friend makes a very articulate point. If it is the Government’s position that the change is not enforceable—in the sense that stopping and reporting if a car hits a cat is somehow not an enforceable legal responsibility compared with hitting another animal—I just do not accept that. In my view, there is not a logical argument in respect of the criminal-law side of this issue. I was a criminal lawyer for a long time and it is a straightforward matter to enforce reporting. There is no ambiguity.

    Let me speak to and develop some of the points colleagues have made about criminal law, and what happens afterwards. I recognise Members present who have listened to what I have had to say at least two or three times previously. I think I am on my third or fourth time of trying to persuade the Government about my private Member’s Bill. I have not been successful yet, but I continue to live in hope. My nattily titled Pets (Microchips) Bill relates to Gizmo’s law, the campaign for which was begun many years ago by Heléna Abrahams in my constituency. In essence, the proposed law would do what has been articulated in this debate. It is a campaign for a legal requirement, which sounds like a grand statement, but it basically asks local authorities to do the right thing.

    When a deceased cat is found, whether on the highway or elsewhere, the proposed law would require the local authority to scan the chip, if there is one—that relates to the point that my hon. Friend the Member for Gillingham and Rainham (Rehman Chishti) made about the Government’s commitment to the microchipping of cats, which would clearly help. It is a simple thing. People want to know what has happened to their pet—what has happened to their cats. I spoke today to Heléna, who works 20 hours a day in her job. She has set up a website for this purpose and works with local authorities to reunite cats with their owners. That is a wonderful thing to do, because it is about love, care, commitment and doing something for people who have no other way of finding out what has happened.

    As the hon. Member for Gower (Tonia Antoniazzi) said, local authorities approach this matter very differently. Some just do not scan and do not make any effort whatever—I will not name and shame them—and some are better. We are simply asking for there to be a duty to take the cat and scan it. A pet food company has agreed to provide scanners for every local authority in the country that does not have one, so there is no cost to that. All they need is a fridge or deep freezer. The cost and time involved is absolutely negligible. There is no cost.

    My Pets (Microchips) Bill and Olivia’s proposal are about care, love and doing the right thing. We sometimes miss those things in our debates in this House. This is very simple and straightforward. An amendment could quite easily be made to criminal law and could quite easily be enforceable. We can certainly trust our police and other law enforcement bodies to ensure that cats have parity of treatment with other animals, and we can legislate for that. On Gizmo’s law, I hope Members will support the Pets (Microchips) Bill, which would cost nothing but would do a lot of public good and make a difference to a lot of people’s lives.

  • Tonia Antoniazzi – 2023 Speech on Road Traffic Collisions Involving Cats

    Tonia Antoniazzi – 2023 Speech on Road Traffic Collisions Involving Cats

    The speech made by Tonia Antoniazzi, the Labour MP for Gower, in Westminster Hall on 9 January 2023.

    I beg to move,

    That this House has considered e-petition 607317, relating to requirements to stop and report road traffic collisions involving cats.

    It is indeed a great pleasure to serve under your chairship, Ms Harris. The petition calls for Parliament to amend legislation

    “to make it a legal requirement for a driver to stop & report accidents involving cats.”

    It has been signed by 102,436 people throughout the UK, with the highest number in Tunbridge Wells. It is often said that Britain is a nation of animal lovers. As I am sure all Members’ inboxes will attest, issues of animal welfare, from the use of animals in research to livestock transport, move people from all walks of life to engage with their representatives.

    As a nation, we are particularly attached to our pets. According to the People’s Dispensary for Sick Animals, around 52% of UK adults own a pet. Our pets play a huge part in our lives and many of us consider our pet another member of the family. Although dogs are the most common pet in the UK, cats are not far behind: one in four households are home to at least one cat. The choice of a cat as a pet is often not understood; non-cat owners may wonder what is to be gained from a pet who operates completely on their own terms. Cat owners will know that that is just one part of the mystique of having a cat. Cats Protection’s 2022 “Cats and Their Stats” report found that

    “companionship, reducing loneliness, and reducing stress were collectively the top reasons for owning a cat”.

    Mark Tami (Alyn and Deeside) (Lab)

    Does my hon. Friend agree that we have seen, certainly during the covid pandemic, the ownership of cats and dogs increase because of the companionship that they offer? That is particularly important for people who live on their own. I am sure my hon. Friend will agree that it is heartbreaking for an animal to be run over, whether it be a dog or a cat, and for the owner in many cases never to find out what actually happened. Cats are pets and should be treated in the same way as dogs.

    Tonia Antoniazzi

    I thank my right hon. Friend for his contribution. It is true: we love our pets and they are a huge part of the fabric of our families and our lives. He is right that we saw an increase in ownership during in covid, and that the necessary measures must be put in place so that there is not such heartache—I will go on to talk about that—when pets disappear and are unaccounted for.

    We have spoken about the importance of pet cats for the wellbeing of their owners, especially during covid, and in relation to loneliness. The Cats Protection report also showed that 92% of owners see their cat as part of the family and that 67% say their cat gives them something to get up for in the morning. Alongside their independent nature, inquisitiveness and aloofness, that has helped them to be one of our favourite pets.

    It is a reflection of the nation’s love of animals that the UK ranks highly on the world stage in respect of animal welfare, but there are gaps in the legislation, particularly in relation to our feline companions. We do all that we can to protect our pets, but sometimes it is not enough. The sadness of losing a pet—a part of the family—is only exacerbated by not knowing what has happened. That sad state of affairs is the reality for many cat owners across the United Kingdom. For many of them, a missing pet will lead to an assumption that the cat been hit by a vehicle and simply left by the roadside to be picked up by the local authority’s refuse services. I know that is a blunt description.

    Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)

    The hon. Lady is making such an important speech, and this debate is vital to many constituents. Does she agree that further support should be given to local authorities to ensure they have the necessary resources to scan cats when they are found—and dogs too—and make sure that owners are notified?

    Tonia Antoniazzi

    I thank the hon. Lady for that contribution. I will go on to talk about local authorities, but it is a case of them having the necessary resources to be able to scan animals and know that they are accounted for.

    The petitioner, Olivia, is here in the Gallery and is an avid campaigner for the protection of cats. When we spoke before Christmas she was thankful that the situation when she lost her cat was not the same as the one I have described. Their beloved cat, who was very much part of the family, was killed by a car; however, a good-hearted neighbour who found the cat knocked on all the doors until the owner was found in order to let them know. It should not be down to luck or a good Samaritan.

    Kirsten Oswald (East Renfrewshire) (SNP)

    The hon. Lady makes an important point. Most residents of our communities would want to do the right thing. They would want to make an owner aware of the tragedy that had happened because they would appreciate the hurt and sadness the family would feel and would not want to leave them in the dark. Does the hon. Lady agree that groups such as Cats Protection Giffnock in my constituency have done really valuable work on this issue? They ought to be commended for making sure that it is kept in the public eye. I hope we see some progress.

    Tonia Antoniazzi

    I thank the hon. Member for her contribution. Doing the right thing gives us heart, does it not? The work of Cats Protection and all the organisations that have campaigned for cats is to be commended, because it is excellent in keeping the issue in the public eye, which is really important.

    Rehman Chishti (Gillingham and Rainham) (Con)

    I pay tribute to the hon. Lady for her work on this issue. I introduced a presentation Bill on the compulsory microchipping of cats, and we are waiting for legislation to come in. I thank the Government for that.

    The second part of my Bill was on the issue of reporting after an accident. Of course the great majority of people in our great country would do the right thing, but it comes down to a basic principle: parity of esteem. People love their dogs and cats. We currently have legislation under section 170 of the Road Traffic Act 1988 that covers horses, cattle, asses, mules, sheep, pigs, goats and dogs, but not cats. People in my constituency and throughout the country ask, “Why not?” If the primary objective is to alleviate pain and suffering, we need to make sure we have parity for cats.

    Tonia Antoniazzi

    I thank the hon. Member for his very good contribution. Unfortunately, the 1988 Act was not put in place with this issue in mind, but I am going to talk about the microchipping issue that he has done significant work on.

    Margaret Ferrier (Rutherglen and Hamilton West) (Ind)

    Following on from what the hon. Member for Gillingham and Rainham (Rehman Chishti) said, the Government previously committed to bringing forward regulations to make cat microchipping compulsory before the end of last year. Many charities are concerned that they have not yet been laid; does the hon. Lady share those concerns?

    Tonia Antoniazzi

    I thank the hon. Member for her contribution. That is exactly what I am going to talk about. I agree that the microchipping legislation should be brought forward.

    Under section 170 of the Road Traffic Act 1988, drivers are required to stop and report incidents of hitting a horse, cattle, ass, mule, sheep, pig, goat or dog, as mentioned by the hon. Member for Gillingham and Rainham (Rehman Chishti). The Act reflects an understanding of animals as having a financial value attached to them as livestock or working animals. As such, cats are not covered. The petitioner, Olivia, and organisations including Battersea and the Blue Cross want this to change.

    Because there is currently no legal requirement to report, we do not know how many cats are killed by vehicles. One needs only to have a quick search through their local area’s Facebook groups to know that. It is sadly very commonplace. Some 52% of respondents to the Petitions Committee’s survey for this debate said they had lost a cat as a result of a road traffic accident, with a further 40% suspecting that their cat had been killed but without any proof.

    The reality is that not all drivers comply with the 1988 Act as it stands. For example, one particular road in my constituency has become notorious for cattle deaths at night, with the deceased animals being found by other drivers in lighter hours and reported then. Whether or not there is a place for cats in the Act, we know that it is not fully fit for purpose as it stands. How can the Government help to ensure that cat owners such as Olivia are not left in limbo when it comes to losing their beloved pet?

    Andy Slaughter (Hammersmith) (Lab)

    I had the pleasure of hosting a Cats Protection event just before Christmas. Some 76 MPs and peers turned up, which shows where the sympathies of Members lie. Does my hon. Friend agree that it is a shame the Government are out of step with the view of Members and that they should look at this matter again? They have dismissed it rather out of hand in their response to the petition, but this issue goes hand in hand with microchipping. The Government said they would bring forward microchipping by the end of last year; they should now do so, in tandem with introducing provisions on reporting.

    Tonia Antoniazzi

    I thank my hon. Friend for making that point and for hosting Cats Protection before Christmas. That event really was well attended. The point of such events is to raise awareness of legislation that is not fit for purpose and to talk to peers and Members of Parliament about the importance of cats. We do not need a huge uprooting of legislation to get this right: small changes would make a huge difference to cats and cat owners.

    First, we need the Government to finally make good on their promise to make it a legal requirement for cats to be microchipped. In its 2022 “Cats and Their Stats” report, Cats Protection estimated that 2.8 million cats are not microchipped, meaning they do not have any permanent identification. Microchipping is a hugely important part of responsible pet ownership, and making it compulsory for cat owners would send a vital message that it is an integral part of looking after a cat. The Government had planned to lay regulations by the end of 2022 to bring compulsory cat microchipping into force after a transition period, but sadly that has not yet happened. I would be most grateful if the Minister could confirm a timetable for the enactment of that legislation. He has a wonderful opportunity to come forward with that change, which the Government have supported.

    Secondly, requiring local authorities to scan and log cat fatalities would make a huge difference. National Highways contracts already include a requirement to identify and inform the owner of any domesticated animal fatality on main trunk roads, with keepers given the opportunity to come forward and collect their pet’s remains. The local authorities that cover the rest of the road network are duty-bound to remove deceased animals but not to scan and log, although many do—the situation is inconsistent across the United Kingdom, but the infrastructure already exists.

    By requiring local authorities to make attempts to identify cat fatalities, comfort and certainty can be given to owners whose cats are killed in accidents. A freedom of information request carried out by Cats Protection in May 2019 found that 92% of local councils in England have some sort of arrangement in place to scan cats, but only 75% inform the chip company. It is clear that there is a lack of consistency on this front, and intervention from the Government would only improve the situation.

    It is true that cats and dogs, while both beloved choices of pet, have different legal standings. We should be creating parity between the two and making things less difficult. Dog owners are legally required to keep their dog under control in public, whereas cats are said to have the right to roam, although owners are still responsible for making sure that their cats do not cause injury or damage to property. The so-called right to roam has often ended conversations on cat welfare legislation, for reasons I have already discussed, but that need not be the case.

    Unlike so many of the issues we discuss within these walls, this is not a complex problem. The infrastructure needed to implement the changes already exists and charities such as Cats Protection are already working with local authorities to provide scanners and support their work. The changes requested may not save cats, but they can prevent any added heartbreak. I extend my deepest thanks to Olivia for starting the petition and starting the conversation. She is asking not for an overhaul of legislation but just the chance for other owners to feel the closure that she has felt at such a traumatic time.

  • Huw Merriman – 2023 Speech on Luton Flightpaths

    Huw Merriman – 2023 Speech on Luton Flightpaths

    The speech made by Huw Merriman, the Minister of State at the Department for Transport, in the House of Commons on 9 January 2023.

    I congratulate my hon. Friend the Member for South Cambridgeshire (Anthony Browne) on securing this debate on London Luton airport flightpaths. I thank my hon. Friends the Members for Huntingdon (Mr Djanogly) and for North East Bedfordshire (Richard Fuller) for their contributions.

    I want to open by acknowledging the effects that aviation noise can have on the health and wellbeing of individuals and communities in the vicinity of airports and underneath flightpaths. It is important to take into consideration the impact of airspace changes. I understand the experiences my hon. Friend describes of his constituents following the implementation of airspace deployment 6, known as AD6. In 2017, the Government provided new air navigation guidance to the Civil Aviation Authority, which is now embedded within the authority’s CAP1616 airspace change process. AD6 is following that process.

    The guidance requires sponsors of airspace change to undertake air pollution and noise impact assessments of their proposals, and to actively engage and consult with key stakeholders, including communities, on those proposals. The objective of AD6 is to segregate the arriving air traffic at Luton and Stansted airports. It has important safety and efficiency benefits, as my hon. Friend recognised.

    AD6 was subject to public consultation between October 2020 and February 2021. In the light of the feedback received, the sponsors made some changes to the proposals. These included slightly shifting the location of the proposed new airborne holding stack, as well as increasing the minimum height in the stack by 1,000 feet. As my hon. Friend noted, AD6 is now the subject of a post-implementation review by the CAA, which seeks to determine whether the actual outcome of the airspace change is consistent with what was expected.

    Mr Djanogly

    The Minister mentions that after the initial consultation the height of the stack was increased. What we have been discussing is what happens after the airplanes come out of the stack. What no one realises and what was not in the consultation—a lot of clever people have been looking at the consultation, which is, frankly, unintelligible—is that the planes very quickly come out of the stack and descend. Why can the planes not stay at stack level until a much later time and then come down, thus not disturbing as many rural people?

    Huw Merriman

    I am about to refer to the airspace modernisation changes, which touch on the impact of lower and deeper climbs. If that does not address my hon. Friend’s point, I will happily meet him and take other points he may feel need to be made. There are wider airspace modernisation changes that also impact on this field, but I am happy to meet him if he does not feel reassured by what I say.

    I am pleased to report to the House that the CAA’s review of AD6 allows two opportunities for any concerns to be raised by those who consider they are being affected by the airspace change we are discussing. The first is by contacting London Luton airport before it concludes its impact data collection. Secondly, those impacted can focus on the requirement of the sponsor to publish on the CAA’s airspace change portal its detailed assessment of how any impacts compare with what was set out in the airspace change proposal and accompanying options appraisal on which stakeholders were consulted. Once that assessment has been published, there will be a 28-day window during which anyone may provide feedback about whether the impacts of airspace change have been as they anticipated.

    That feedback can be submitted directly to the Civil Aviation Authority via its airspace change portal, which gives local residents the direct channel for complaints post implementation that my hon. Friend the Member for South Cambridgeshire asked for in his third point. When completing the review, the CAA will take account both of the sponsor’s assessment and of the feedback that the CAA has received on it. The CAA’s own assessment will include an analysis of the actual flight track data to determine whether aircraft are flying the AD6 airspace design as expected.

    I also note my hon. Friend’s fourth and final point: namely, his desire for the data to be available to communities. I agree that that would be helpful. As part of their post-implementation review submission to the Civil Aviation Authority, the sponsors must—I underline “must”—provide air traffic dispersion graphics, including both lateral and vertical actual flight track information. Before the completion of the review, residents will therefore get a chance to see the air traffic dispersion picture.

    The Civil Aviation Authority will use all relevant evidence to determine whether AD6 has met its objectives and can be considered approved, or whether it must be amended or withdrawn; I hear the points that hon. Friends have made in that regard. I remind the House that the Government are not involved in the review process, which is entirely a matter for the Civil Aviation Authority.

    Richard Fuller

    I concur with the Minister’s point about the independence of the review. In my earlier intervention I raised a deeper point about airport expansion and the effect that it can have on surrounding communities. Such expansion makes no provision for financial consideration or remuneration for the communities affected. That is a particular issue in the context of Luton airport, because the property owner is Luton Borough Council, which directly financially benefits from expansion and is also the planning authority for the expansion. Will the Minister—as the last aviation Minister, my hon. Friend the Member for Witney (Robert Courts), suggested when he was taking legislation through the House—look at whether the law can be changed so that communities such as those in Cambridgeshire, Huntingdonshire and Bedfordshire, which are affected by airport expansion, can somehow be compensated when airport expansion changes are made?

    Huw Merriman

    I thank my hon. Friend for that point; he has made interesting points as the debate has evolved. I have some knowledge of the issue, in the sense that my constituency is relatively near Gatwick, although not in its flightpaths. It is fair to say that Gatwick provides a lot of economic regeneration for my constituency, but I also know that those who are closer to the airport are affected by airspace noise. It is also fair to say that Manchester Airports Group, which is involved in local authority remuneration, is in a similar situation to Luton airport with respect to what my hon. Friend has described. Yes, of course we can look at sharing the costs, but I also ask that we consider the wider economic benefits for those outside the airport perimeter. However, I obviously recognise that as noise encroaches, it becomes a pollution to them; I will touch on that point further. I recognise the point that my hon. Friend makes and am willing to look again at his ask.

    I want to focus, albeit not in order, on the four points that my hon. Friend the Member for South Cambridgeshire made. His second point was a request to ensure that the post-implementation review period is extended to September 2023. I can give him that assurance. Following the request made to the CAA, it intends to extend the data collection period until September 2023. I ask him to accept that response, and I thank him very much for his suggestion. I hope that extending the consultation period will allow more transparency.

    My hon. Friend’s first point—as I say, I am going in no particular order—raised the question of background or ambient noise. In 2018 the Department for Transport commissioned the CAA’s environmental research and consultancy department to examine the impact of aircraft noise in areas with different background or ambient noise. The study, which was published in 2019, found no significant association between annoyance and background or ambient noise when other factors were taken into account. That does not mean that the concerns that have been raised tonight should be dismissed. My hon. Friend has informed the House of some upsetting cases of constituents being affected by aviation noise. It can have a demonstrable impact on a person’s health and wellbeing, but that varies from individual to individual and is not attributed only to the noise itself.

    However, my hon. Friend also recognised some of the benefits that aviation brings, and I hope he will not mind my joining him in recognising them as well. London Luton Airport makes a positive contribution to the local and national economy. It indirectly employs more than 9,400 staff, and is a key economic driver for the region. I welcome its continued recovery following the impacts of the covid-19 pandemic. We therefore need to strike a fair balance between the negative impacts of aviation on the local environment and communities and the positive economic benefits that flights bring. That is the challenge for aviation noise policy. The Government are committed to reducing the negative impacts of aviation where possible, and that includes noise. We will be considering what changes may be needed to aviation noise policy in due course, and we will set out our next steps later this year. I look forward to working with all my hon. Friends in that regard.

    Mr Djanogly

    Will my hon. Friend give way?

    Huw Merriman

    If I may, Mr Deputy Speaker, I will indeed give way.

    Mr Djanogly

    I thank my hon. Friend, who is being very generous.

    Mr Deputy Speaker (Mr Nigel Evans)

    Order. I should point out that the debate must end promptly at 10.38 pm.

    Mr Djanogly

    If the noise policy changes are made, as my hon. Friend says they will be, will they be retrospective?

    Huw Merriman

    I do not wish to make policy on the hoof from the Dispatch Box, but I am willing to meet all three of my hon. Friends to discuss the point from which this should apply. Perhaps we can have that discussion, and I will accept any feedback that they wish to give me.

    In the time that I have left—less than one minute—let me reiterate that the Government are committed to reducing the negative impacts of aviation where possible. We also recognise that we live in a fully interconnected, global world, and that the aviation sector is of material value to the UK economy. Airspace modernisation will help the delivery of quicker, quieter and cleaner journeys.

    I thank my hon. Friend the Member for South Cambridgeshire not only for securing the debate, but—along with my hon. Friends the Members for North East Bedfordshire (Richard Fuller) and for Huntingdon (Mr Djanogly)—moving this matter further forward. Let me also put on the record how well they represent their constituents on this issue.

  • Anthony Browne – 2023 Speech on Luton Flightpaths

    Anthony Browne – 2023 Speech on Luton Flightpaths

    The speech made by Anthony Browne, the Conservative MP for South Cambridgeshire, in the House of Commons on 9 January 2023.

    I am glad that we are saving the best until last. I am also grateful for the opportunity to discuss changes to flightpaths into Luton airport or, to use the technical name, the Swanwick airspace improvement programme—airspace deployment 6.

    There are good arguments in favour of changing flightpaths in some way and I welcome the overarching ambition of the programme. Prior to the implementation of the new flightpaths last February, Luton and Stansted airports shared the same holding stacks for arrivals. For the UK’s fifth and third largest airports, that was a problem, because delays at one airport could lead to delays at the other. Separate arrival routes, combined with a dedicated holding stack for each airport, will be less prone to delays and will be safer, especially in the light of potential expansion at both airports, but the implementation of those changes is a major cause of local concern.

    Behind the rather bland, technical-sounding name—airspace deployment 6—is a tale of deep distress for local residents in my constituency and neighbouring ones. South Cambridgeshire is quintessential English countryside, scattered with tranquil villages where many residents have lived their entire lives. Others moved there precisely because they wanted the peace and quiet. They wanted to escape the hustle and bustle of urban life.

    All that changed in February, when the area became the new home of Luton airport’s holding stack. These once serene villages now have their tranquillity shattered by the roar of jet engines flying overhead. Rather than the soporific sounds of songbirds, residents are awoken by the sound of air brakes screeching overhead as aeroplanes prepare to land. Unsurprisingly, I and fellow MPs have received a huge number of anguished complaints from our constituents about this. They have told me about the distressing impact it has had on their mental and physical wellbeing. A few accounts particularly stick in mind.

    Gareth Squance is a former Metropolitan police officer, who sought solace in the village of Gamlingay in my constituency. During his time in the Met, he was intentionally run over and left for dead while promoting safe cycle week. That incident left him suffering from post-traumatic stress disorder, for which noise is the primary trigger. Immersing himself in nature and recording the ambient noises provided a coping mechanism, but now the new plane noise forces him to leave the house with noise-cancelling headphones to avoid triggering a state of panic.

    Suzie Smith is the third generation of her family to farm in the area. The aeroplane noise is keeping her up at night, which is affecting her ability to perform her duties around the farm in the early hours of the morning. She does not know what to do. This is the area she grew up in and loves, but the plane noise is making farm life unbearable. It has driven her to make countless complaints, which have only received generic, automated responses from Luton airport.

    Maddy McKenzie suffers from complex health issues and struggles immensely with hypersensitivity. She finds the plane noise a relentless torment, and she is powerless to escape it. The noise is taking a toll on her physical and mental health. If she could move, she would, but instead she is trapped by the endless plane noise when all she wanted was a quiet life.

    I have heard myriad similar tales from my constituents. Many residents are suffering sleepless nights as they are awoken every time a plane goes overhead, which can be up to every two minutes in busy periods. Other residents say they feel like prisoners in their homes, unable to use the gardens that were once their pride and joy, but are now echo chambers for the all-consuming plane noise. It has led some to conclude that enough is enough. After decades of living in these villages, the noise pollution has forced them to move. These people are valued members of their local community, and they are being forced out. Some people feel those that can move are the lucky ones. Others must accept their lot for a range of reasons from financial to health-related concerns. They are demoralised and cannot see any way out of this predicament.

    The strength of emotion and the explosion of local outrage have led to a number of new campaign groups determined to end the noise. There are three groups I am aware of that are working tirelessly for a better solution: Reject Luton Airport Stacking, or RELAS; Community Alternatives to Luton’s Flight Path, or CALF; and Against Luton Airport Stack, or ALAS—my favourite acronym. We must ensure that their grievances are given a fair hearing, and that is the point of this Adjournment debate tonight.

    I acknowledge that this is only one side of the coin. Air travel plays a vital role in our increasingly globalised world. Just recently, I was speaking about the business opportunities that new routes from Stansted to other life science hubs such as Boston and San Francisco could bring to Cambridgeshire and to the country as a whole. Like many others, I enjoy the opportunity to go on holiday, often travelling by plane. We must accept that some people will be affected by noise pollution from planes. Often people are aware of the impact and make calculated decisions about where they are going to live based on their tolerance levels. For example, many Londoners can cope with plane noise every day, and it blends into the cacophony of other city noises.

    Mr Jonathan Djanogly (Huntingdon) (Con)

    Will my hon. Friend give way?

    Anthony Browne

    I am very happy to give way to my hon. Friend and constituency neighbour.

    Mr Djanogly

    I congratulate my hon. Friend and Cambridgeshire neighbour on securing this debate, which is very important to many of those in both our constituencies, especially in the villages surrounding St Neots, and in my case in Great Gransden and Abbotsley in particular. My hon. Friend is making a very good case on noise levels, with which I totally agree—namely, that acceptable ambient noise levels are based on levels in urban areas, and are therefore inherently prejudicial to rural people. Does he not agree that this should be changed?

    Anthony Browne

    I thank my hon. Friend for that insightful intervention and I fully agree; I was going to make exactly the same point, but he beat me to it.

    The people who chose to live in South Cambridgeshire did so because of the quiet rural life. They moved there for this reason and chose to bring their children up there for this reason. Very few, if any, ever foresaw the radical change that flightpaths could have on the area. It must have been quite a shock to hear that first plane soar noisily overhead.

    Of course, there was a consultation beforehand, conducted by Luton airport and NATS. That consultation lasted five months and received over 2,000 responses. However, it took place in unusual circumstances, due to the ravages of covid. Engagement was virtual rather than the usual town hall meetings, and many people seemed unaware that the consultation was going on.

    Since society has rebounded to some sense of normality, it is easy to forget the extraordinary times that prevailed during the pandemic. Air travel was down 90% on its pre-covid peak at certain points and people’s concern over flightpaths were crowded out by their more immediate health concerns about the pandemic. It is not for me to judge the adequacy of the consultation, although others may have their views, but I can say that I am disappointed that, as a key stakeholder, South Cambridgeshire District Council was not engaged more during the process. For many residents, the idea of planes above 5,000 feet sounded quite abstract and distant and of little consequence to their daily lives, but in reality they can often see the logos on each plane as it flies past, and the disruptive noise has permeated their daily lives.

    Mr Djanogly

    My hon. Friend is very kind to allow me to intervene again. He makes an important point, and this unintelligible consultation has worked only to the benefit of those in the flying industry who understood it. When we secured an increase of height for flying above the stack over my constituency, from 8,000 to 9,000 feet, there was no intimation at that point that planes would fly so low coming out of that stack and so quickly, to the prejudice of our constituents. Does he agree that the consultation should be rerun and the whole system should be revised?

    Anthony Browne

    The idea of rerunning the consultation is very interesting; I had not thought of it but will do so, as it sounds like a good idea.

    It is clear from what my hon. Friend says and the correspondence from my constituents that the impact and disturbance has been much greater than people were led to believe when the consultation was taking place—they thought it would be very mild. I would argue that this was inevitable, given the current guidelines provided to NATS and Luton airport for the creation of the new flightpath. The guidance states that noise pollution below 51 decibels will not unduly impact the quality of life of those affected. As my hon. Friend said, for urban areas near airports that is perfectly reasonable as the aeroplane noise blends into the other staple sounds of city life. For instance, a street with traffic can consistently be around the 70-decibel level, so 51 decibels would not add much—the planes are only an additional, minor irritant. The same cannot be said for rural areas, however. In South Cambridgeshire the ambient noise levels are far lower, as I am sure they are in my hon. Friend’s constituency: during the day it is around 31 decibels and at night around 18—really very quiet. This means that aeroplane noise has a far greater impact. For context, if we are within 10 metres of a heavy goods vehicle passing, the noise is roughly 48 decibels. For someone living in a local village, such as Dry Drayton in my constituency, planes coming into land at 11 pm are very disruptive; it is the equivalent of many HGVs in quick succession passing close by their house.

    That brings me to my first ask of the Minister—who I am glad is here tonight; thank you—which is to revise the guidance to reflect the differing ambient noise levels of urban and rural areas, the point my hon. Friend the Member for Huntingdon (Mr Djanogly) made so eloquently a minute or so ago. What is important is not the absolute noise of an aircraft, but its relative noise compared to the normal ambient noise of an area. Therefore, there should be a separate noise limit, lower than 51 decibels, for rural areas. That will encourage the design of flightpaths around areas where they will cause relatively less nuisance and distress due to the high levels of existing ambient noise, such as over cities. This should be reviewed with the upmost urgency and considered as part of the post-implementation review for the new Luton flightpaths —or part of a rerun consultation, as my hon. Friend suggests.

    NATS and Luton airport are doing a post-implementation review of the flightpath changes. I welcomed an initial extension of this review to June 2023, as a result of concerns that flight volumes were still recovering from the pandemic levels, but I do not think that goes far enough. If the consultation is not redone as a whole, as my hon. Friend suggests, will the Minister ask the Civil Aviation Authority to extend the review by a further three months to September 2023? I wrote a letter to the authority on the matter on 2 December, but I am advised that it is still under consideration. Extending the review for three months to September would allow it to encompass the peak season of travel in July and August at normal operating levels. It is important that we understand the impact of the noise of the holiday season on constituents.

    I also want to take the opportunity to raise my concern about the review process. It alarms me that it is the responsibility of NATS and Luton airport to report back to the Civil Aviation Authority on the success or otherwise of their flightpaths. There is no direct recourse for residents to lodge their complaints to the Civil Aviation Authority. That is tantamount to NATS and Luton airport marking their own homework. There is a real risk that the assessment is neither objective, nor seen to be by residents. That leads me to my third ask of the Minister.

    Richard Fuller (North East Bedfordshire) (Con) rose—

    Anthony Browne

    I am happy to give way.

    Richard Fuller

    I am on tenterhooks to hear what my hon. Friend will say. I thank him for calling this important debate. That my hon. Friend the Member for Huntingdon (Mr Djanogly), a neighbouring constituency, is also in his place shows its importance to our constituents. In my case, its importance is to those constituents from Potton through Sutton and down the eastern part of my constituency. To his point about rerunning the consultation and NATS and Luton airport marking their own homework, does he not agree that the change was made because Luton airport wants to expand—it is not about managing existing levels of air traffic but to facilitate a substantial 50% or 60% increase in flightpaths—and that that is another good reason for him to pursue the course that he suggested?

    Anthony Browne

    I thank my hon. Friend for that intervention. He makes the very important point, which I touched on briefly, that this is about expansion of the airport. That makes it even more important to get it right now, because whatever the noise levels are now, they will get far worse as traffic at Luton expands.

    I will take my hon. Friend off his tenterhook—I was about to make my third ask of the Minister. Can the CAP1616 process for changing airspace be reviewed for this and future consultations to ensure that there is a more independent analysis once new flightpaths are implemented and that NATS and airports do not mark their own homework?

    Richard Fuller

    The other aspect of marking their own homework, which the Minister should be aware of from the debate, is that the land on which Luton airport is based is owned by Luton Borough Council, and that council gets to decide on planning issues to do with the expansion of Luton airport. By my reckoning, the council gets £20 million a year into its coffers at the moment—that will probably double—and not a penny of that money gets shared with constituents in Cambridgeshire, Huntingdonshire or Bedfordshire whose lives are impacted in the ways that my hon. Friend has suggested. Is it not incumbent on the Minister to look for legislation to say that if an airport is to be expanded, there needs to be a greater sharing of the benefits and that, basically, Luton needs to pay up for the rest of us who are affected and not put all its money in the council’s own pockets?

    Anthony Browne

    I thank my hon. Friend for raising that powerful point. I had not been aware of those financial implications.

    My fourth and final ask for the Minister, in addition to those from my hon. Friends, is to join me in calling for greater transparency from National Air Traffic Services and Luton airport. The final decision on flightpaths has the potential to significantly impact many people’s lives for the foreseeable future, so it is vital that we gather all the data necessary to make a comprehensive and informed decision.

    In October, I convened a meeting with National Air Traffic Services, Luton airport, the Civil Aviation Authority, campaign groups and my hon. Friend the Member for Huntingdon. In the meeting, National Air Traffic Services said that it was happy to share its automatic dependent surveillance-broadcast and radar data with the campaign groups, but it has subsequently made excuses that it would be too time consuming for its staff to do so. It would be an act of good faith if it shared that data, which would help bring much-needed transparency to what is actually happening. If National Air Traffic Services is confident that the terms of the consultation are being adhered to, it should be happy to share that information.

    I ask the Minister to leave no stone unturned in ensuring that the most appropriate decision on Luton flightpaths is reached, and no stone unturned in ensuring that residents can have confidence in the whole process. The current settlement is causing distress to a large number of people across a large part of the country. While I accept that there must be winners and losers from a change in flightpaths over inhabited areas, I find it difficult to accept that stacking planes over a once-quiet rural area is the right solution. I look forward to hearing the Minister’s response and to working with him on this matter.

  • Florence Eshalomi – 2023 Speech on the Procurement Bill

    Florence Eshalomi – 2023 Speech on the Procurement Bill

    The speech made by Florence Eshalomi, the Labour MP for Vauxhall, in the House of Commons on 9 January 2023.

    It is a pleasure to be closing this debate on behalf of the Opposition. I thank right hon and hon. Members for their contributions this evening. My hon. Friend the Member for Blaenau Gwent (Nick Smith) highlighted the serious lack of transparency within our system, which led to huge waste during the pandemic, with millions handed out to many personal protective equipment companies. It was great to welcome my newly elected hon. Friend the Member for City of Chester (Samantha Dixon), who painted such a beautiful picture of her city that I am keen to visit it. She also highlighted the real benefits of social value and why it is a missed opportunity for this Government. My hon. Friend the Member for Birkenhead (Mick Whitley) also mentioned the support for social value.

    As many Members have mentioned this evening, procurement is such an exciting and interesting topic! Let me be honest: if I went back and told that girl from Brixton that one day she would be closing a debate for the Opposition on this subject, she would probably have said, “What the hell is procurement?”

    Having come to this place via local government and the London Assembly, I know how important procurement is to our communities. I know how local businesses, which are rooted in our communities, feel when they are sidelined for public contracts that they are more than capable of delivering. I know how important it is to make sure that we get value for every single penny of public money, and to make sure that we get the right framework for procurement to deliver the best services for our country.

    Procurement accounts for a third of all public spending and most people involved with the sector will recognise the need for a simplified regime to replace the current daunting list of former EU regulations when approaching a contract. I want to work constructively with the Minister to make the new regime deliver for the British people as best it can, but unless the Government make the crucial amendments to the Bill that can deliver the value for money that our country deserves, it will be a missed opportunity. The Bill is also a missed opportunity to restore trust in our procurement process. We must recognise that trust in the procurement system has sadly been damaged by the mess of the personal protective equipment contracts on the Government’s watch.

    I know the Government are keen to get maths on the agenda, so perhaps the Minister will not mind me doing a bit of “quick maths”— in the words of Big Shaq—in the House today. What do we get if we add a lack of due diligence over billions of pounds-worth of PPE, plus £18 million recouped from potentially fraudulent PPE contracts, plus an unfair VIP lane, giving access to lucrative contracts to those with connections to the Government? Let me tell the Minister: he will get £10 billion of PPE written off, with the public picking up a bill of more than £777,000 a day for PPE stored in China. As my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) said, that could cover 75,000 spaces in after-school clubs desperately needed by parents up and down the country. The Government do not need a report card to know that they have got an F in delivering value for money for the taxpayer.

    No one is denying that covid caused incredible stresses in our procurement processes, but we on the Labour Benches were expecting the Government to learn the lessons from the PPE scandal. We expected the Bill to offer a system that gives the public confidence that it is fair and transparent, but what we have is a direct contract scheme that hands more, not fewer, powers to Ministers. It would give them a free rein to bypass crucial elements of whatever scrutiny they felt was needed. If the Minister wants an example of why scrutiny is important, I invite him to look at the Public Accounts Committee’s damning report on the awarding of contracts to Randox Laboratories. As the hon. Member for Richmond Park (Sarah Olney) said, there were a number of failings that cannot be excused. The report found that

    “basic civil service practices to document contract decision making were not followed.”

    It also said:

    “The role of the Department’s ministers in approving the contract was also confused and unclear.”

    It gets worse. Despite struggling to deliver on its first contract, the company was then awarded another contract extension worth £328 million, just seven months later. In this time, Randox saw a four-hundredfold increase in its profits in the year to June 2021. That is disgraceful.

    Anthony Mangnall

    Does the hon. Lady not take confidence from the platform the Bill creates whereby a business or organisation that has performed badly will not be able to bid into a contract? The whole point of the transparency measures is to stop that from happening. We have addressed those concerns and placed them in the very Bill that we are debating this evening.

    Florence Eshalomi

    I thank the hon. Gentleman for that point. What we in the Opposition are trying to say is that the transparency clauses the Government are talking about do not go far enough. We have a system that does not claw back the money that is wasted; at a time when we are telling members of the public to look at the cost of living, we are seeing money wasted and not clawed back.

    Public transparency is not just a nice thing to say, but a vital tool to ensure that every single penny of public money is spent efficiently. I welcome some of the moves towards transparency in this Bill, but we can and must go further. We must look at Ukraine, which has created a transparency system that is open to the public and inspires trust. The Ukrainians have managed to do that while under attack by Russia. If they can do it, so can we.

    Labour would follow in Ukraine’s footsteps and publish an accessible dashboard of Government contracts that is available to anyone as part of our public works pledge. We say that not only because transparency inspires public trust, but because it helps us to track the value created by public procurement in the UK. That matters, because value for public money and spending is ultimately about value to our communities. It is about creating well-paid jobs, ensuring environmental standards are fit for the next generation and preventing a race to the bottom on workers’ rights.

    To that end, this Bill is a perfect chance to guarantee a strong commitment to social value and legislation. While I welcome some of the significant progress made on social value in the Lords with the national procurement policy statement, the Bill sadly does little to further the promise of social value or to build on the promise of the Public Services (Social Value) Act 2012.

    Labour would go further. Our public works pledge would make social value mandatory in public contract design, but that is not all we would do. We would get tough on suppliers who fail to deliver for the taxpayer. We would guarantee transparency on how taxpayers’ money is spent. We would cut the red tape to give our SMEs a fair chance at winning contracts. We would oversee the biggest wave of insourcing in a generation to deliver public services that we can all be proud of.

    The Bill is large and technical and there are many things I look forward to working constructively on with the Minister during line-by-line scrutiny. In that spirit, I end my remarks by praising the progress made on the Bill in the other place. Important amendments on the national procurement policy statement and protecting human rights are now included in the Bill as a result. I close by urging the Minister to commit today that the Government will not roll back on those key victories—that is vital. I hope he will work with me to ensure that our procurement system delivers for people up and down this country.

  • Hywel Williams – 2023 Speech on the Procurement Bill

    Hywel Williams – 2023 Speech on the Procurement Bill

    The speech made by Hywel Williams, the Plaid Cymru MP for Arfon, in the House of Commons on 9 January 2023.

    Procurement in Wales is very much a devolved matter. I would have preferred to see our Senedd introduce its own legislation on the matter, but in this case there is a great deal of co-operation. The Welsh Government have opted to allow the UK Government to legislate on their behalf when it comes to developing post-EU procurement frameworks. Despite this, the Welsh Government are yet to recommend that the Senedd grants consent to the Bill. That is due to outstanding issues with the Bill passed by the House of Lords.

    In particular, the Bill provides for concurrent powers in relation to devolved areas; the Welsh Government would much prefer these powers to be amended to be concurrent-plus powers, which would put in place an important constitutional protection by requiring the UK Government to receive consent before exercising powers in devolved areas. The Welsh Government are also concerned about the Bill’s commencement powers. I understand that there was an initial commitment from the UK Government that Welsh Ministers would have commencement powers in the Bill, but, as it is, the Bill provides for Ministers of the Crown to have those powers. I would be grateful if the Minister updated the House as to what progress has been made on those matters.

    Given the creeping devolution power grab, I should note that there seems to be a significant degree of co-operation between both Governments on the Bill. I also welcome the fact that some amendments have already been made in the Lords at the request of the Welsh Government. I place on record my support for other amendments made in the Lords, particularly those setting out that requirements on climate change and the environment will be strategic priorities in the national procurement policy statement. I also welcome the amendments that will allow contracting authorities to exclude suppliers from contract awards for their involvement in activities linked to forced organ harvesting or unethical activities relating to human tissue. Those are non-Government amendments, but I hope that the UK Government will commit to retaining these changes. It would be good to hear from the Minister on that as well.

    As I said, procurement is devolved and although much of the Bill is relevant to Wales, the Welsh Government will develop its own Welsh procurement policy statement, which will be underpinned by legislation recently passed in the Senedd: the Social Partnership and Public Procurement (Wales) Bill. The aim of that legislation, with its emphasis on outcomes rather than regulation and inputs, is to ensure that the new Welsh procurement regime delivers social, environmental, economic and cultural results, including fair work.

    Many years ago, I co-delivered a long sequence of training for charity workers and trustees on the then new Charities Act. As a freelance trainer, living on my wits in the private sector, I needed no persuasion to see the value of that training. In respect of this legislation, the training and development of procurement professionals to ensure that they have the necessary knowledge and understanding of the new regime will be key to successful delivery. Both Governments intend to produce materials to support the delivery of the new regimes. There may well be significant differences between England and Wales in respect of procurement, so I ask the Minister to ensure now that the UK Government are mindful of potential divergence when commissioning future training and information, not least in respect of Wales securing materials and the actual delivery of training in both Welsh and English when intended for use in Wales.

    Returning to the Social Partnership and Public Procurement (Wales) Bill, my Plaid Cymru colleagues in the Senedd are pushing the Welsh Government to set out clear targets for the proportion of procurement spend spent in Wales and spent with specific types of suppliers, such as small and medium-sized enterprises or social enterprises—that point has been mentioned by hon. Members on both sides of the House.

    In conclusion, I am pleased to report that this is already a priority for my Plaid Cymru-run local authority Cyngor Gwynedd, which spent 61% of its procurement budget last year locally.

  • Robin Millar – 2023 Speech on the Procurement Bill

    Robin Millar – 2023 Speech on the Procurement Bill

    The speech made by Robin Millar, the Conservative MP for Aberconwy, in the House of Commons on 9 January 2023.

    It is a privilege to follow the new hon. Member for City of Chester (Samantha Dixon). I congratulate her on her maiden speech and particularly on managing to introduce a reference to Lego. It is one of the great joys of speaking in this place to listen out for the new and innovative in a speech, and I commend her for that. I look forward to hearing more contributions from her in due course.

    I rise to speak in favour of the Bill, which I believe will do much to improve value for money for public authorities, access for small and medium-sized businesses, and transparency for taxpayers. It will also deliver some of the ambition that my hon. Friend the Member for Totnes (Anthony Mangnall) alluded to in his speech. However, it is in considering a global Britain—an outward-looking, forward-leaning trading nation—that I will make some suggestions on how the Bill can be used to strengthen the Union of the United Kingdom. Like the right hon. Member for Ashton-under-Lyne (Angela Rayner), I must confess to feeling a frisson of excitement at the mention of procurement, having nearly two decades ago seen the introduction of the national procurement strategy for local government and the genuine impact it had on local government.

    There is much to commend in the Bill. Having spent some time in local government as a councillor, I welcome the enhanced freedoms it offers to authorities, which will now have greater flexibility to devise tendering processes to fit their specific requirements. That will save time and money and allow councils to select contracts that best fit the needs of those they serve. Arguably, no one has a better picture of what is needed for a job than those who are responsible for delivery. No amount of checklists imposed by Brussels or Westminster can replace this local knowledge and hands-on experience.

    As a former businessman, I welcome the Bill’s provisions on easy access to contracts for SMEs and guarantees of prompt payment. The creation of a single repository for business identification will prevent the duplication of paperwork, and the creation of a centralised procurement hub listing all tenders, frameworks and dynamic markets will improve access for small and medium-sized businesses across the public sector. Sadly, too often a labyrinth of paperwork and an anarchic landscape of procurement systems freeze SMEs out of public contracts and under-mine competition, adding costs to businesses and the taxpayer. This Bill makes strides towards eliminating those hurdles.

    If I can commend the Bill as a former councillor and businessman, it is as an advocate for our Union that I see potential for strengthening the Bill. On the one hand, the Bill has positives in this regard. It contains a mechanism to ensure that procurement bodies throughout the UK have access to one another’s frameworks and dynamic markets—a move that may encourage co-operation. Likewise, the decision of the Welsh and Northern Ireland devolved authorities to opt in will ensure that businesses have improved access to contracts in the majority of the UK.

    However, the devolution of the national policy statement power allows local authorities the autonomy, for example, to give regard to, but not necessarily conform to, the guidance of those centralising devolved authorities. The same applies to the devolution of the power to make regulations determining the form and location of the publication of procurement notices and other documents by authorities and suppliers. That raises the worrying prospect of further barriers to businesses attempting to access different parts of the UK, and of separate procurement hubs. Why? Because the devolved Administrations have on occasion pursued a strategy of non-co-operation. After all, on 1 June 2022 the Welsh Labour Economy Minister, Vaughan Gething, wrote to every council leader in Wales to state explicitly that his Administration will not assist local authorities that implement projects funded by the UK Government’s shared prosperity fund if they do not align with Welsh Government priorities.

    Finally, as the majority of devolved Administration spending is funded by the UK taxpayer, the absence of a central, accessible and standardised repository of procurement information raises important questions about transparency. Is it not fair that UK taxpayers should have easy access to details about how their money is spent, wherever it is spent in the UK? Or must the spending of UK funds sent behind a devolved curtain remain unaccountable to their provider, the UK taxpayer?

    That brings me to the subject of accountability. The Bill delivers powers to investigate authorities that may have breached procurement rules, and recent events suggest that this should be a particular cause for concern. A combination of journalistic investigation and leaks has revealed that the Scottish Government’s recent award of the contract for two island ferries to a political supporter was not in accordance with the terms of the advertised tender. We have also discovered that the state ferry procurement authority and civil servants advised against the award to Ferguson Marine, which had no history of such projects and would not provide industry-standard refund guarantees. Indeed, leaked documents revealed that civil servants had advised that the award may be unlawful, but this became apparent only when it was realised that the redactions in the documents could be reversed.

    Subsequent investigation has revealed that Ferguson Marine was unique in receiving an in-person meeting and a 424-page briefing pack, much of which appears to have been copied and pasted into its official bid. The outcome is that the ships are now nearly four times over budget and over five years late, which is a significant cost to the UK taxpayer. It is particularly costly to the islands that the ferries were meant to serve, which have at times been cut off from the British mainland and from essential supplies. To top it all off, Audit Scotland recently revealed that a further £130 million used to bail out Ferguson Marine has gone missing due to sloppy accounting.

    I cite this case study not to score points but to ask a very simple question: who watches the watchers? Unless the UK enjoys standardised reporting rules and a transparent, easy-access hub for public procurement information, its taxpayers have no guarantee that their money is being spent with integrity. This Bill offers high levels of flexibility, enough to account for the divergent needs of local and devolved authorities across our country. What it may benefit from, however, is a mechanism to ensure that the right to accountable public spending is shared across the United Kingdom.

    I conclude with three requests to the Minister. The first is that a reserved right to commission an independent investigation into procurement by devolved Administrations, where there is good reason to believe that rules may have been broken, be included in the Bill. The second is that provision be made to ensure the comparability of data and UK-wide standards for recording and publishing tenders and procurement information. My final request is that he considers extending the Bill to Scotland to help secure value for money for taxpayers and to secure the benefits of competition across the UK for UK residents in Scotland. We have a duty to secure their interests and should expect at least a demonstration of how these standards will be met by the Scottish Government through an alternative route, if they persist in seeking to be excluded from the Bill.

  • Sarah Olney – 2023 Speech on the Procurement Bill

    Sarah Olney – 2023 Speech on the Procurement Bill

    The speech made by Sarah Olney, the Liberal Democrat MP for Richmond Park, in the House of Commons on 9 January 2023.

    The Liberal Democrats support the Government’s stated ambition in the Bill of speeding up and simplifying the procurement process and creating greater opportunities for small business to access public contracts. However, the Bill could be improved on a number of points. It is important that we get this right, especially at a time of straitened public spending and a cost of living crisis. It is fundamental that Government and Parliament are seen to be taking every care possible with taxpayers’ pounds. We have seen the recent shambolic procurement of PPE and the resulting scandals. I do not think the public currently have confidence in the Government’s ability not to waste money or to create value for local communities. As it stands, the Bill does not align procurement to our environmental and climate goals.

    The Bill as originally drafted by the Government included a huge carve-out for the NHS. It was originally proposed that instead of following the procurement regime provided for in the Bill, the Secretary of State for Health would be able to make up their own rules for huge swathes of NHS procurement by secondary legislation. I am pleased that Liberal Democrats in the Lords amended the Bill to ensure that the NHS would be brought into scope. It is important that we maintain that amendment because NHS spending accounts for such a large amount of public procurement. It would be absurd for it to be excluded. I would like the Minister’s assurance that they will maintain that Liberal Democrat amendment in the Bill.

    NHS procurement is the most recent example of the most egregious failures of public procurement. The bypassing of the usual procurement rules via VIP lanes saw £3.8 billion of taxpayers’ money handed over to 51 suppliers of PPE, many of whom were closely tied to Conservative Ministers and their friends. We have had months of allegations about PPE Medpro, and today we have heard that SG Recruitment was handed a £50 million contract after being referred by a former Conservative party chair.

    The Government will be resistant to some of the rhetoric around VIP lanes, but I urge them to look at the work of the Public Accounts Committee, of which I am a member. We have done extensive inquiries into PPE procurement over the last few years and have found a number of failings that cannot be excused by the urgency that we all accept was a key factor of that procurement. The Public Accounts Committee found that at no stage was any consideration given to

    “potential conflicts between individuals making referrals through the VIP lane and the companies they were referring.”

    It was therefore not surprising to see reports emerge of excessive profits from PPE contracts and confirmation of such conflicts of interest. The Government really must address that; the public will expect it if the Government are to live up to their stated ideals of transparency. The Prime Minister was apparently “absolutely shocked” to read of the allegations against Baroness Mone. We should attempt to save him from future such alarm. The Liberal Democrats tabled an amendment in the Lords to ban VIP lanes, which was voted down by the Conservatives, but I urge the Minister to reconsider.

    I want to talk a little about social value, which gives me an opportunity to welcome the hon. Member for City of Chester (Samantha Dixon) to her place and to congratulate her on an excellent maiden speech. She summed up what social value is, in an excellent description of what it means in the city of Chester. I very much disagree with what the right hon. Member for North East Somerset (Mr Rees-Mogg) said about social value being in the eye of the beholder. I do not think that is true.

    The hon. Member for City of Chester described extremely well what can be done when public procurement is used to attain a number of different social outcomes. The danger of not providing specific examples or definitions of social value in the Bill is that procurers will default to a definition of purely financial value. That would be a huge mistake and lead to a huge number of missed opportunities. I urge the Government to look again at the drafting of the Bill to enable it to unleash opportunities for charities and social enterprises to innovate in public service delivery, and to ensure that local communities are the key beneficiaries of an improved procurement regime.

    The National Audit Office and the Environmental Audit Committee have found that departmental public procurement lacks consideration of net zero and environmental goals. We need a procurement system that encourages businesses to move their supply chains to a more sustainable model, but the Bill is just another piece of legislation introduced by the Conservative Government that fails to show the ambition that is needed. It is essential to have objectives that commit the Government to sustainable procurement as part of the net zero goal, and those should be included in the Bill. I hope the Government will look again at that.

    The Liberal Democrats support efforts to reform to our procurement regime. We want to increase transparency and create opportunities for small businesses, but as it is currently written, the Bill will not achieve that. It fails to put an end to VIP lanes, it fails to grasp the opportunities for a system to create social value and it fails to support the Government’s own stated net zero goals. However, I am glad that the Government seem already to have acknowledged that there is much room for improvement in the Bill. They tabled almost 350 amendments to their own legislation during its passage through the Lords, and I will be interested to see how it proceeds through the Commons. I hope the Government will continue to engage constructively and look to address some of the concerns that have been outlined today.

  • Anthony Mangnall – 2023 Speech on the Procurement Bill

    Anthony Mangnall – 2023 Speech on the Procurement Bill

    The speech made by Anthony Mangnall, the Conservative MP for Totnes, in the House of Commons on 9 January 2023.

    I congratulate the hon. Member for City of Chester (Samantha Dixon) on her fantastic maiden speech. I wish I could have delivered mine with the same level of confidence. She gave us a rapid tour through the history of her city and expressed her desire for it to be a hotspot for tourists from across the country; she will certainly find many colleagues across the House to support her in that endeavour. I wish her luck in this place.

    It is an absolute pleasure to follow my friend the hon. Member for Birkenhead (Mick Whitley), a fellow member of the International Trade Committee. I would like to make a few remarks about trade and ask for some clarity. I agree with him about the necessity of harnessing the power of public procurement and using it to the advantage of businesses of all sizes across the country. I might also point out that it has huge value in the free trade agreements that this country is signing. Global Britain is about signing new trade agreements. The Trade (Australia and New Zealand) Bill, which is working its way through the other place, deals with the very issue of procurement. It offers new opportunities not only for other countries to bid into our system, where we wish them to do so, but for our own businesses, large and small, to bid into procurement programmes around the world. Importantly, the more practised they are with our systems, the more accustomed they will be to foreign programmes and procurement processes.

    A lot of Opposition Members have made comments about national security and asked why bigger companies are not doing more in the UK to build our defence systems. Helpfully, I hope, I might just point out that if we include SMEs—there is a very large contingent of small and medium-sized enterprises in the defence sector, and the Bill is about helping SMEs—we are thereby helping small businesses in the defence sector to build the systems that we need in this country to keep us safe and protected.

    It is essential to be aware that the Bill, in its entirety, also creates a platform to exclude businesses that have previously performed badly. It gives authorities the opportunity, when looking at future contracts, to say, “These businesses have not performed—we are therefore able to exclude them.”

    Much has been made of the social value point, and I think we have to be careful in this regard. If we are too precise, we will block out businesses; we will encourage bigger businesses that can throw more money at the issue, and exclude the very small businesses that we want to be able to help through the Bill.

    I welcome the Bill because it is trying to achieve something that needs to be achieved: reducing bureaucracy. It seeks to repeal the Utilities Contracts Regulations 2016, the Public Contracts Regulations 2015, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011. It is truly a wonderful day when we see a Government actually taking away pieces of legislation and trying to introduce new, streamlined laws that will help small businesses. Indeed, the Government are going even further: 350 individual regulations from EU directives are to be repealed. The Bill will make it simpler and easier for businesses of all sizes throughout the United Kingdom to bid in through a single, uniform framework for public procurement. That is its core and essence.

    However, I have a few questions for the Minister. Are we making the public bidding process understandable to small and medium-sized businesses while also protecting the taxpayer, and will we be providing the national and local services that will ensure that procurement projects and processes are delivered? With that in mind, may I ask—in the context of clause 27 and the other clauses relating to exclusions, including clause 29, which concerns national security—what impact the Modern Slavery Act 2015 would have on the Bill, in respect of clause 65? Would Huawei, which has already been mentioned, be placed immediately on the debarment list? My hon. Friend the Member for Rutland and Melton (Alicia Kearns) referred to Hikvision. Would it be on the list as well, given the evidence that has been presented across the western world about its engagement in relation to the Uyghurs? What is the timeline for the exclusion of businesses that are put on the debarment list?

    I would also like some clarification on clause 63. We talk about the speed of appeal and how we might put a business on the debarment list, but what happens if there is an ongoing investigation of a business while a local authority tender is out there, and the local authority decides to choose a business that is under investigation by the Government, by a Minister or by an authority, and has yet to preside over that issue? Would the local authority be made aware of the ongoing investigation, and would there be an impact on the tendering process if the business could not be given access to what was going on?

    I think that clarification of those issues would provide a small amount of extra reassurance. Introducing a centralised system of information about businesses that have performed well, making local and other authorities aware that businesses have been debarred, is clearly sensible, but what provisions are there to prevent companies from renaming themselves and coming back for a second bite at the cherry, perhaps with a different local authority or a different individual at the head of the company? That is another small point that I think requires clarification.

    I have already mentioned our signing of the landmark Australia and New Zealand trade deals, which open new markets for businesses around the world. Following the point made by my hon. Friend the Member for Isle of Wight (Bob Seely) about China, may I ask whether any consideration has been given to excluding non-signatories to the World Trade Organisation’s agreement on Government procurement? Given that that may shake the Government a little and cause them a bit of fear because it may exclude some more friendly countries—other than China—perhaps we should consider excluding countries that have not signed the agreement, perhaps those with whom we have not signed free trade agreements. That would allow us a way through without our offending any countries with which we have signed, or wish to sign, free trade agreements.

    The Bill presents us with a huge opportunity to sign new trade deals and use them to advance British businesses at home and abroad, but also to consider how we can get locally produced food into our schools and hospitals, and how we can provide smaller, tailored contracts to help people boost their businesses and ensure that there is value for money. I welcome the centralisation, I welcome the structure, I welcome the repeals, I welcome the opportunity for SMEs, and I welcome the transparency that the Bill provides. If we can get this right, we can cut the Gordian knot that has been procurement in this country and, once and for all, create a streamlined system that will deliver value for money and opportunity for businesses of all sizes.

  • Mick Whitley – 2023 Speech on the Procurement Bill

    Mick Whitley – 2023 Speech on the Procurement Bill

    The speech made by Mick Whitley, the Labour MP for Birkenhead, in the House of Commons on 9 January 2023.

    I commend my hon. Friend the Member for City of Chester (Samantha Dixon). I hope her nerves have settled after an excellent speech. I thank all my hon. Friends for their eloquent contributions to today’s debate. I hope the Minister recognises there is a real appetite on the Labour Benches to work constructively with the Government on this issue.

    Colleagues have rightly drawn attention to the ways in which the Bill risks enshrining in law the kind of cronyism we saw run wild during the pandemic. In the short time available to me, however, I want to speak specifically to the issue of social value and how recent developments in my constituency illustrate the urgent need for reform of our broken procurement regime.

    When metro Mayor Steve Rotheram announced that the Liverpool city region combined authority would be commissioning the first new Mersey ferry in over 60 years, there was a widespread belief that it could only be built at Cammell Laird shipyards in my constituency of Birkenhead. What could be more fitting than for such an iconic Merseyside institution to be built on the banks of the Mersey itself? And what a difference the multimillion-pound contract would have made to the lives of my constituents, securing high-skilled work for years to come and guaranteeing additional investment in skills and training.

    But soon enough those hopes were sunk by the cold reality of today’s procurement landscape. Cammell Laird could not compete on price against the likes of multinational giants like Damen. No matter how much the metro Mayor might have wanted to see the Ferry built in its entirety on Merseyside, he found his hands tied by onerous procurement rules enforced by central Government. As a result, the construction of the ferry is now set to be split between Cammell Laird and a Damen shipyard in the Balkans, with much of the most high-value labour likely to be offshored abroad.

    My constituents were badly let down by a failed procurement regime that failed to take wider social, economic and environmental considerations properly into account. The news, only a week later, that the Ministry of Defence had awarded the contract for the new fleet solid support ships to a Spanish-led consortium made the blow even harder to bear.

    Ministers have stated time and again that they intend to reaffirm value for money as the foundational principle of their procurement strategy. No one in this House is arguing for anything other than delivering the highest value for taxpayers, but that must also mean recognising the extraordinary potential for public procurement—which accounts for £1 in every £3 that the Government spend—to promote British businesses, boost job creation and drive investment in communities such as Birkenhead. For too long, communities across the country have missed out on the benefits of billions of pounds of public spending: one in six procurement contracts are now awarded to companies with links to tax havens, while the number of SMEs winning Government contracts is falling year on year.

    This Bill was an opportunity to put right the mistakes of the past. Ministers had the chance to strengthen the Public Services (Social Value) Act 2012, give contracting authorities the flexibility they need to do their best by the communities they serve, and enshrine social value at the very heart of a new, progressive procurement regime. But there is not a single mention of social value in the Bill. Instead, Ministers are promising to expand on their plans to maximise social value in a national procurement policy statement with no statutory footing. If the Government are as committed as they claim to be to supporting critical industries such as shipbuilding, why does the Bill not contain a social value strategy?

    The simple truth is that when it comes to supporting British businesses, the Bill is desperately lacking in ambition. For all the talk from Government Members about seizing post-Brexit opportunities, all the Bill really has to offer is more of the same—more of the giant multinationals treating this country as a cash cow while forcing home-grown British businesses out of the competition, and more public money piling up in tax havens while domestic industry struggles to survive one of the bleakest economic outlooks in recent history.

    I recognise the need for a major overhaul of our national procurement regime. In the hope of achieving meaningful improvements to the Bill, I will not vote against it this evening, but if the version that returns on Third Reading does as little for the communities and businesses that I represent, I will be forced to think again.