Procurement Bill [HL]

Debate between Baroness Brinton and Baroness Watkins of Tavistock

Committee stage
Monday 11th July 2022 Grand Committee

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.

[Baroness Brinton (LD) [V]]

My Lords, it is a pleasure to follow the noble Baroness, Lady Neville-Rolfe, in championing small and medium-sized enterprises to get access to many contracts, which needs to happen. There are many amendments to the Bill to this effect, and I hope the Minister will take serious account of making sure that they are not excluded by virtue of the complexity of procurement rules.

I wish to speak briefly to Amendment 534 in this group, which sets out the important principle of ensuring that a Minister carries out reviews of the operation of this Act. Proposed new subsection (2) states:

“‘Procurement rules’ means the requirements related to procurement set out in this Act or issued under the authority of this Act, and the health procurement rules referred to in section 108.”


While I was very grateful to the Minister for her explanations to my question at the end of the first group of amendments, I am afraid that I do not think she answered—

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

Lady Brinton, we believe that you are speaking to the wrong group at the moment. Is that correct? I am not sure. We are just clarifying.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

The rules are—I can see the problem—that remote speakers speak before the other amendments. Lady Brinton, it is quite difficult in that the amendment has not yet been spoken to; would you rather proceed, as per the current regulation, or wait and speak at the end of the group?

[Baroness Brinton (LD) [V]]

I am used to speaking in this way, if the Committee will bear with me. These are the rules, and I do not believe that I have the luxury of choosing to change them. What I usually do, but did not do earlier when I first spoke this afternoon, is to apologise to anyone where I might have to speak ahead of them speaking to their own amendment. I assure the Grand Committee that this is not of my making. The rules about remote contributions are extremely clear, mainly, I believe, to help those chairing the proceedings. I am happy to continue.

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

I think the rules are to help those chairing proceedings—that is, Deputy Speakers—but also to help the people who are coping with having to come in remotely. Having said that, we will proceed within the rules, but I promise that I will take this back to the Lord Speaker’s office again at our meeting on Thursday. Lady Brinton, please continue.

[Baroness Brinton (LD) [V]]

I apologise again to the Committee. I was just quoting the element of Amendment 534 that talks about “procurement rules” as meaning

“the requirements related to procurement set out in this Act or issued under the authority of this Act, and the health procurement rules referred to in section 108.”

While I was very grateful to the Minister for her explanations to my question on the first group of amendments, I am afraid that I do not think she answered the core question about the interface between this Bill and the provisions in Section 79 of the Health and Care Act.

I refer the Minister to his Amendment 528 to Clause 108 of this Bill which, because it was among the government amendments in the second group of amendments, was not moved or debated. It is important, however, because that amendment states

“If the procurement of goods or services by a relevant authority is regulated by health procurement rules, a Minister of the Crown may by regulations make provision for the purpose of disapplying any provision of this Act in relation to such procurement.”


I appreciate that that amendment makes an important link to the Health and Care Act, which both Ministers have pointed out to us that they are trying to do. However, it does not pick up the issues raised by a number of noble Lords, including me, about the problem that provisions in the Health and Care Act do not cover the entire NHS.

I am very grateful to the noble Baroness, Lady Noakes—and I look forward to hearing her introduction to her amendment—for picking up my concerns at the end of the first group. Her Amendment 534 would ensure a review by a Minister, including looking at the procurement provisions in the Health and Care Act. That would at least ensure that any emerging tensions and practical problems could be identified and published.

Having raised this, there are two fundamental questions that were not answered by the Minister’s letter, nor by the Minister earlier. First, why are the rules for NHS public spend—which, in 2018-19, was in excess of £70 billion—to be created by a statutory instrument without the same level of public scrutiny that this Bill is receiving and no guarantee of the same protections that this Bill is affording to public money being spent on public contracts? Secondly, I ask again exactly where is the interface between the Bill and the Act, given the gap in the Health and Care Act legislation that is covered by the Procurement Bill? I ask again whether it might be sensible to have a meeting for noble Lords interested in this particular and perhaps esoteric problem. It is vital that public procurement works across the board.

Building Safety Bill

Debate between Baroness Brinton and Baroness Watkins of Tavistock

Committee stage
Wednesday 2nd March 2022 Grand Committee

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

My Lords, the noble Baroness, Lady Brinton, is taking part remotely. I invite the noble Baroness to speak.

[Baroness Brinton (LD) [V]]

My Lords, I support all three amendments in this group. Amendment 111, which was laid by my noble friend Lord Foster and to which I have added my name, aims to protect consumers from items purchased online that are non-compliant with rules for purchasing the same products in shops. I thank him for his clear and detailed explanation of why it is needed.

The excellent analysis by Electrical Safety First of the Office for Product Safety and Standards demonstrates that there is a real safety issue. Nearly two-thirds of electrical products bought in an online marketplace are non-compliant and a shocking quarter is actively unsafe. Electrical Contracting News said that in 2020 faulty appliances caused 43 fires per week in England. Everyday household appliances caused 15,000 accidental fires in homes. We know that some serious and fatal fires in high-rise and medium-rise buildings were caused by faulty appliances. Some fires were due to household items being placed too close to the source of heat or to misuse of appliances, but a number were due to appliances that were found to be faulty.

If two-thirds of electrical products bought in online marketplaces are non-compliant and, worse, a quarter is unsafe, that is a recipe for danger. Perhaps it is not surprising that legislation is taking time to catch up with new ways of purchasing goods, yet the focus of this Bill is to ensure that buildings are safe, especially high-rise buildings. This amendment proposes a solution to the problem and I support it.

Briefly, I want also to add my support to Amendment 112 laid by my noble friend Lady Pinnock and Amendment 117 laid by the noble Baroness, Lady Finlay. The amendment of my noble friend Lady Pinnock also responds to evidence given at both the Grenfell inquiry and Dame Judith Hackitt’s review of the appalling habits of too many construction product companies of managing to soften or even blatantly breach the safety regulations. It is evident that the regulations are out of date and I hope that the Minister will be able to respond favourably to this, too.

Finally, the amendment of the noble Baroness, Lady Finlay, highlights the importance of the provision of CO detectors and alarms and seeks for the responsible person to ensure that they are provided. Too many times, people end up with unsafe equipment, whether an old gas fire or, worse, a new exterior gas fire being used inside through ignorance, which has resulted in the deaths of far too many people. We are used to having smoke alarms in buildings, especially high-rise ones. We should also have CO detectors and monitors as a matter of absolute routine for safety. I look forward to hearing the Minister’s response.

Domestic Abuse Bill

Debate between Baroness Brinton and Baroness Watkins of Tavistock

Report stage & Lords Hansard
Monday 8th March 2021 Lords Chamber

[Baroness Watkins of Tavistock (CB) [V]]

My Lords, I draw attention to my interests as outlined in the register. I am pleased to follow other noble Lords who have made such cogent cases for both amendments in this group. They are designed to ensure that children who move home, away from their current school and health service area because of domestic abuse are not disadvantaged in access to relevant schooling close to their new residence and, as far as is practicable, receive NHS treatment no later than they would have done had they remained at their previous address. This is not about queue jumping, it is about staying at the same level in the queue when you move.

It is intended that there will be a new health and social care Act this year. Is it feasible not only to enshrine Amendment 13 in this Bill but to reflect the principle in the revised health and social care Act? This would enable the Secretary of State for Health to request that all NHS providers aim to meet standards of fair access for children who move home if they have suffered abuse.

With regard to schooling, it is very hard for children to move out of the area to a new school, losing their previous friends, as a result of abuse. If they then have to travel long distances from their new home to a new school, it makes it very difficult to attend after-school clubs and make local friends if their neighbours are attending more local schools. I have seen this happen all over the country.

For this reason, I support Amendment 76 unreservedly. It is essential that children make new friends and study locally to their home to promote social interaction with other local children and access to clubs and out-of-hours activities associated with schools. These networks are essential to promote children’s mental health, particularly those who have suffered abuse.

[Baroness Brinton (LD) [V]]

My Lords, I thank my noble friend Lady Burt and the noble Baronesses, Lady Newlove, Lady Meacher and Lady Watkins, for their careful and thoughtful introduction to, and support for, both the amendments. I also thank the Minister for his comments at the end of Committee on the Bill, but, as others have said, it is certainly easier for the Government to work with Amendment 13, because the responsibility falls on the commissioner to work with the NHS—whether it is CCGs or hospital trusts.

The key point for me is that there is already the ability to choose your hospital, which we do through NHS e-referral services. For these children, fleeing domestic abuse and probably being moved on at extremely short notice, the real crisis is that they will plummet to the bottom of a long waiting list at exactly the crisis moment when they will need support.

I urge the Minister to consider that particular problem. I appreciate all the arrangements that the Government have made. We shall see what is in the NHS Bill, as and when this is published, but this very small, particular group of children need very particular support. This is absolutely the case for children applying to child and adolescent mental health services, where we know that there is already an extreme shortage of access to these services. The one thing that is true about children fleeing domestic abuse is that they are likely to be traumatised. Delaying their treatment further will give them very serious problems.

On the schools issue, I think it is an excellent notion to use the same duties as for looked-after children. I also want to make the point that I made about NHS services in Committee. Military children should also be prioritised for school places when they move. This should apply also to children fleeing domestic abuse.

In certain areas where schools are full, a six to eight-month gap to find a school place is not uncommon. This exacerbates the problem of the children not getting any part of their lives back to normal. I appreciate that processes and protocols take time, but there must be some interim measures to help these children. There is no doubt that this Government understand the importance of getting children back into school. As the noble Baroness, Lady Meacher, has said, the impact of Covid and the pressure on schools to reopen as quickly as is safe is completely understandable. These children’s lives are being traumatised by the pandemic—although perhaps not as severely as those of elderly adults. They need a transformation. They need access to school and medical services.

So I urge the Minister to agree to these amendments and ensure that the processes which need to be set up behind the scenes between the commissioner, NHS services and the DfE can happen.