Parliamentary Buildings (Restoration and Renewal) Bill

Lord Berkeley Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 22nd July 2019 Lords Chamber

[Baroness Scott of Needham Market (LD)]

My Lords, I am participating in this debate as one of the four Members of your Lordships’ House on the shadow sponsor body. I speak from that perspective, but I am not speaking for them. I hope that distinction is clear. I am certainly not commenting on the location, or desirability or otherwise, of the Holocaust memorial. I want to reflect on what this debate shows about the extent of the powers of the shadow sponsor body. As far as I can tell, there is no real master plan for the whole world heritage site. Decisions are made in a slightly piecemeal way, involving major players such as the city council and so on, but in so far as there is co-ordination between them, it has always been the authorities of both Houses of Parliament who do it. If under this amendment that locus was taken away from the parliamentary authorities and handed to the shadow sponsor board, I suggest your Lordships would need to reflect on that.

The role of the shadow sponsor body is, fundamentally, to do what Parliament instructs. Therefore, if Parliament wanted us to take on this role, we would obey. However, as a parliamentarian, I would be quite nervous about handing over an important contribution to the overall planning process to the shadow sponsor body, which has been set up for an entirely different purpose: delivering the restoration and renewal of the fabric of this building.

The noble Lord, Lord Cormack, is a thoughtful person who might take away that point and reflect on it, because it is entirely possible for the thrust of his arguments to be fulfilled, but perhaps not by the shadow sponsor body. In many ways, the amendment tabled and spoken to by the noble Baroness, Lady Stowell, is another example—it will not be the only one today—of an interesting relationship between the work of the sponsor body and that of the parliamentary authorities. For me, as both a member of that body and a parliamentarian, what is important is clarity. It is less about who exactly is doing what than being absolutely clear about who is doing it, so that, as decisions are made, we know how they have been made and by whom. The lines between some responsibilities are a little blurred, which makes it quite difficult for us.

We need to be careful not to use this Bill in a way that muddies those waters and makes it less clear where such responsibilities lie. At the end of the day, the shadow sponsor body and the sponsor body when it becomes substantive have their role to play, but the parliamentary authorities and Members of Parliament will also continue to have theirs.

[Lord Berkeley (Lab)]

My Lords, the noble Baroness said that the sponsor board was set up to manage the renewal of the Parliament building, but Clause 1(3)—we have talked about it many times—covers all the buildings that Parliament might sit in, even temporarily. I think that the noble Baroness, Lady Stowell, is concerned about the possible management roles of, and interaction between, the different organisations, as are many of us. It would be useful if the noble Baroness, Lady Scott, could clarify that.

[Baroness Scott of Needham Market]

I am very pleased to. This is something of a moving picture. When the shadow sponsor body was first set up, it was not envisaged that it would have management of the Northern Estate programme, which has emerged. The Bill provides a framework in which Parliament could decide—to be honest—to ask the shadow sponsor body to do anything it liked, but just because it can does not mean that it should. There has to be reflection always on whether a particular task really sits within the skills and parameters of the sponsor body, which is why I have some concerns about the amendment effectively asking the shadow sponsor body to engage in the planning process on behalf of Parliament. If Parliament wants that, we will do it, but I am a little nervous about it and think that role sits more comfortably with the House authorities.

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[Baroness Evans of Bowes Park]

My Lords, I thank all noble Lords who contributed to this debate and my noble friend Lord Cormack for tabling his amendment. Like the noble Baroness, Lady Wheeler, I understand the sentiment behind it and agree that, if planning applications for works adjacent to the Palace were submitted, the sponsor body would clearly need to seek guidance on whether those works might impede the R&R programme and, if necessary, raise objections. Prior to the appointment of the shadow sponsor body, under the House authorities the R&R programme has held annual conferences for neighbours such as Westminster City Council, the GLA, Transport for London, Westminster Abbey and the Metropolitan Police. The sponsor body plans to continue these conferences, in order to update partners on the progress of the R&R programme. Close engagement will continue.

Clause 2(2)(b) already places a duty on the sponsor body to make strategic decisions relating to the carrying out of parliamentary building works, and this would include responding to planning applications that may impede the works. Therefore, while we recognise the importance of the principle behind this amendment, given that this is something that the sponsor body already has the power to do in the relevant circumstances, I do not believe it needs to be prescribed in the Bill.

A number of noble Lords, including my noble friends Lord Cormack, Lord Forsyth and Lord King, the noble Baroness, Lady Deech, and the noble Lord, Lord Carlile, raised particular concerns around the Holocaust memorial project planned to be located in Victoria Tower Gardens, which is run by the Ministry for Housing, Communities and Local Government. I assure noble Lords that, before deciding on Victoria Tower Gardens, the UK Holocaust Memorial Foundation, an advisory board to the MHCLG which has cross-party support and is co-chaired by my noble friend Lord Pickles and Ed Balls, conducted an extensive search for possible locations and considered almost 50 sites in central London. Visibility, accessibility, availability and affordability were taken into account during this detailed process. The foundation identified Victoria Tower Gardens as a potential site for the memorial and, following investigations into its feasibility, recommended it to the Government in January 2016 as the best choice.

My noble friends Lord Cormack and Lord Forsyth, and the noble Lord, Lord Carlile, raised the possibility of the Holocaust memorial being situated at the Imperial War Museum. Noble Lords will certainly be aware that that was carefully considered along with, as I said, many other locations. However, Victoria Tower Gardens was identified as the site capable of meeting the Government’s aspiration for the new national memorial.

A key factor in choosing the location was the visibility it afforded to the memorial. As my noble friends Lord Polak and Lord Pickles said, in the shadow of Parliament, the memorial will encourage visitors to learn about the challenging decisions that our leaders had to make in the lead up to, during and in the aftermath of the Holocaust.

My noble friends Lord Cormack, Lord King, Lord Forsyth and Lord Polak, and the noble Baroness, Lady Deech, all touched on the important issue of security. We are fully aware of the security implications associated with the environs of the Palace of Westminster and are in regular contact with representatives of the Parliamentary Security Department, the Centre for the Protection of National Infrastructure and the Metropolitan Police. We have been advised on physical and operational security measures to mitigate risks and are confident that the proposed site would be secure. Queuing visitors will be confined to the paths immediately adjacent to the memorial itself, and all visitors will require a pre-booked ticket.

Moreover, as my noble friend Lady Altmann said, the planned design will lead to improvements in Victoria Tower Gardens. The vast majority of the public space will be retained and improved, with more accessible seating and a new boardwalk along the embankment.

The noble Lord, Lord Adonis, and my noble friend Lord King asked about the timetable for the project. As my noble friend Lord Pickles outlined, subject to planning permission, work on the site is expected to begin in 2020, with the Holocaust memorial opening in late 2022; that is well before the R&R programme works will commence. A detailed delivery plan has been developed and robust project management arrangements are in place to ensure that it remains on track, with engagement with specialist contractors throughout the course of the works.

[Lord Berkeley]

The noble Lord, Lord King, mentioned the construction time and suggested that it might be longer. He also suggested that the contractors would need quite a lot of the garden for temporary works while they build the memorial. Has the Minister any idea of whether any of the garden will be able to remain open during the construction phase?

[Baroness Evans of Bowes Park]

I am afraid that because this project does not relate specifically to the R&R programme, I do not have that information. But I am sure I will be able to find out and will write to the noble Lord.

My noble friend Lord Cormack raised the issue of the decant. We will come to that in a later group so, if it is okay with noble Lords, I will now turn to the amendment tabled by my noble friend Lady Stowell.

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Moved by

[Lord Berkeley]

2A: Clause 1, page 2, line 2, at end insert—
“(4) The Sponsor Body must ensure that the first works carried out as part of the Parliamentary building works are to ensure that all buildings undergoing works are provided with—(a) a fully automatic fire alarm system achieving BS5839 L1/P1 standard; and (b) a fully automatic water mist suppression system.(5) Exceptions to the requirement under subsection (4)(a) may be justified only on grounds of practical feasibility and must be given prior approval by the Sponsor Body.(6) If, for reasons of practical feasibility, the requirement under subsection (4)(b) cannot be delivered, the Sponsor Body must approve an alternative fire suppression solution before further works may commence.”

[Lord Berkeley]

My Lords, I shall speak to Amendments 2A, 2B and 16A, which are all in my name. These are all about fire. We have had several debates in your Lordships’ House about the risk of fire in this building. As we saw at Notre Dame in Paris a few weeks ago when the roof caught fire, there are issues about how we protect roofs and the building both when it is in use and when there are contractors on site. Many noble Lords will have seen the results of fires. I think the Queen has had bad fires in two palaces during her long reign, and we have had two fires in Glasgow and in many other places. Having spent quite a lot of time looking at fire prevention and the consequences in the Channel Tunnel and other long tunnels and in other buildings, I suppose that fire is of great concern to me. I am very grateful to two officers of the House, John Bradbury and Malcolm McBride, who have helped me and discussed the issues and the problems with me. I am also grateful to Stewart Kidd, who is a past secretary-general of the British Automatic Fire Sprinkler Association.

When we come to fire, three separate issues need to be discussed: detection; evacuation of people; and suppression—that is, how to put the fire out. I think the authorities in your Lordships’ House and the other place have made progress in detection. There are certainly very good systems in the basement, and I know that they are doing some things to detect fire in the roof. I will come to evacuation later. It is fine to have a fire detected, but if you are not going to let the building burn to the ground, you have to suppress the fire before it goes too far. I know we have good procedures in this House when the contractors are working on the roof, and I am sure they are very well policed, but there is still a risk. Given the special nature of this building and that, as the noble Lord, Lord Forsyth, said earlier, our job is to protect Parliament, we have to take these issues extremely seriously. That is why I put these amendments down. They are probing amendments, and I hope to carry on discussing the various issues in the amendments with Ministers, the noble Baroness, Lady Scott, and other people after this debate.

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[Baroness Evans of Bowes Park]

My Lords, I thank the noble Lord, Lord Berkeley, for tabling these amendments on fire safety and for his continued interest in this extremely important subject, and I thank all noble Lords who have contributed to the debate.

I assure noble Lords that fire safety is recognised as being of paramount importance. As the noble Baroness, Lady Scott of Needham Market, said, it is very much on the mind and agenda of the sponsor body. It was good to hear that from somebody on that body, which had far more weight than my saying it on her behalf. One of the reasons these works are urgent is because of the alarming number of fires that have been caught just in time around the Palace. This is why we have 24-hour fire-safety patrols, and, more importantly, why full decant is required as soon as possible.

As the noble Lord, Lord Berkeley, said, the tragic fire of Notre-Dame was a stark reminder to us all of the risks to this historic building. There is no doubt that the best way to avoid a similar incident here is to get on with the job of protecting the thousands of people working here and the millions who come to visit, as the noble Lord, Lord McNicol, rightly said. The Bill is clear that the sponsor body must have regard to,

“the need to ensure that those works are carried out with a view to ensuring the safety and security of people who work in Parliament and of members of the public”.

Clearly, this will require the sponsor body and delivery authority to ensure that the Palace is as safe as reasonably practicable from the risk of fire during construction and subsequently in service. Indeed, as the noble Baroness, said, one of the key themes highlighted by the shadow sponsor body is for its vision of the programme to,

“ensure high standards of health, safety and wellbeing and provide appropriate protection for the building and those in it”.

Under the Bill, the sponsor body will be required to lay detailed proposals before Parliament for approval, and the Motion passed by both Houses last year requires that those proposals must include measures to ensure fire safety, among other factors. Clause 7 specifies that no Palace restoration works, other than preparatory works, may be carried out before the sponsor body has obtained parliamentary approval of these proposals. It defines these “preparatory works” as,

“initial design works, and … other works that do not affect the continued functioning of the Palace of Westminster for the purposes of either House of Parliament”.

As noble Lords will be aware, and indeed as the noble Lord said, the current work carried out by the Strategic Estates team to keep this place functioning is operated during restricted timeframes in order for the business of Parliament not to be affected. For example, the ongoing work on the cast iron roof programme can be conducted only when the House is not sitting and work must be stopped immediately if a complaint is made on grounds of noise by an MP or Peer. This sort of example highlights the need for swift progress to be made in decanting both Houses so that the sponsor body and delivery authority can get on with R&R, including the installation of the necessary fire-detection and prevention measures.

The Bill requires at Clause 6 that Parliament and the sponsor body enter into a parliamentary relationship agreement, which will contain commitments around the safety of the Palace, including mitigating fire risks. The noble Lord, Lord Berkeley, spoke on 25 April and at Second Reading on his understandable concerns about the fire safety of the Palace prior to the works beginning. Until the Palace is handed over to the sponsor body, the House authorities remain responsible for fire safety and have put in place a number of measures to protect the Palace and the roofs, as he mentioned, in particular.

As the noble Lord will be aware, Parliament’s fire safety strategy sets out particular requirements that will need to be considered as part of restoration and renewal. This includes the installation of a full water mist or water sprinkler system, although, as the noble Lords, Lord Stunell and Lord McNicol, said, we also need to ensure that we are fleet of foot with respect to technological advances. Already, the current fire safety improvement project has installed a water mist system throughout the basement, and it is operational. This was following lessons learned from the devastating fire at Glasgow School of Art, where the sprinklers had been installed but not turned on.

In addition, fire safety improvement works include having automatic smoke detection systems in most of the roof spaces across the Palace, and coverage of the remaining spaces will happen by December this year. The House authorities have also compartmentalised the roof space and extended the regular fire safety patrols to include the roofs. In the Palace more generally, as the noble Lord, Lord Berkeley, said, there are now more than 700 fire doors in operation and strict requirements for all contractors to abide by the highest fire safety standards. I can reassure all noble Lord that those high fire safety standards will continue to apply throughout the works. In his amendment, the noble Lord, Lord Berkeley, makes a specific point about the fully automatic fire alarm system achieving the L1/P1 standard. I am aware that this level of detection is already written into Parliament’s fire safety strategy requirements.

Turning to his amendment regarding evacuation of the Palace, and the observations of the noble Lord, Lord McNicol, at present, the fire risk management team carries out evacuation drills of all parliamentary buildings once a year; the Palace itself is evacuated twice a year. However, I accept his comment that it has proved difficult to stage these evacuations while the House is sitting. There have been previous evacuation trials involving volunteers in the Chambers and Committee Rooms; we will obviously continue to work to make sure that we do the best we can in this regard and, if there is more that can be done, we will look into it. Furthermore, it is expected that as part of the design works for R&R, the principal designers will use specific computer software to model evacuation routes, capacity and timings.

I cannot stress enough the importance that we place on fire safety. I hope the noble Lord will recognise that in the answers I have given. I fully support the principle of his amendments but, in light also of the comments from the noble Baroness, Lady Scott, we do not believe they need to be, or should be, included in the Bill. This is an extremely important issue and something that will be covered in the parliamentary relationship agreement, which we believe is a more appropriate vehicle for this kind of information. I hope that, in the light of my comments, the noble Lord is to a degree reassured. I assure him that we will continue to have this as our highest priority.

[Lord Berkeley]

My Lords, I am grateful to the Minister for her comprehensive response. I am much more reassured than I was before, but not totally reassured. I will keep watching this. I am grateful to noble Lords who have spoken, including the noble Baroness, Lady Scott, for putting me right on one or two things. That has been useful. I am also grateful to the noble Lord, Lord Stunell, who has had first-hand experience in this area.

I said that my amendments were probing, and of course one should not put particular technological solutions in a Bill like this because things might move on, as noble Lords have said. The key point is to have a debate about these issues and for the Government to be aware of them.

Corners can still be cut in any building. I recall that when I was first in your Lordships’ House, a long time ago, I had locked myself out of my house and so slept here, in the family room downstairs. I had a very comfortable night but in the morning I went to see the then Black Rod and said, “You said you patrolled everything once an hour”. He said, “We must have patrolled the family room”, but I said, “Well, the door squeaks so I would have heard it. I just don’t believe you”. People cut corners; that is human nature. So, in addition to the patrols, detection and suppression is vital.

I pay tribute to the work that is going on to get into this. We have to keep going and make sure that as work moves forward these issues are taken into account, as well as the evacuation. I am grateful to all noble Lords who have spoken and beg leave to withdraw the amendment.

Amendment 2A withdrawn.

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[Lord Berkeley]

My Lords, before the Minister answers, I am a great believer in trying to get as many SMEs to bid as possible, but one has to think about the risks they will be required to take, as well as the conditions of contract and the penalties if it is late. You can imagine one or two big contractors being given the overall responsibility to do this, because they are the only people who can manage the risk. There will be a rush to get this done. Wherever the supply of timber, stone, other materials and expertise comes from, we will have to work very hard if we want to get real SMEs to do this, as so many noble Lords expect. It will not happen unless we work very positively towards it.

[Baroness Wheeler]

My Lords, I am pleased that this group of amendments is being debated here today to deal with the responsibilities the sponsor body will have, in particular those relating to the contracts to be awarded. I thank the Minister for the Government’s Amendment 3 on the social responsibilities of the sponsor body, which fulfils their promise in the Commons to address the concern raised by my honourable friend Chris Matheson: that contracts have regard to the prospective contractor’s policy on both CSR and employment policies and procedures. The company’s wider attitude to social responsibility has to be a key consideration when awarding contracts.

On employment practices, we welcome the specific reference to companies that have undertaken blacklisting activities which will lead to their exclusion from consideration. This shameful practice has previously seen businesses compile files on thousands of workers, recording details of their political and trade union activities to prevent them gaining employment in their respective trade. Sadly, there is evidence that blacklisting has remained rife in recent years, and this is an important step not least because many construction staff currently working on building sites are employed by businesses which have previously been convicted of such unlawful behaviour. In such a prestigious project as R&R, it is important that Parliament makes a stand and warns businesses that if they neglect their social responsibilities, are not up to scratch on their employment practices or engage in illegal blacklisting, they will not play a role in restoration and renewal projects and will not be awarded contracts.

I fully support my noble friend Lord Blunkett’s Amendment 9. He is right to underline that the economic benefits of the work have to be available in all areas of the UK. This was again a key theme from noble Lords at Second Reading. We must make it clear that this is a project for the whole country and that all the rewards, including for businesses, are felt in all areas. I particularly endorse the comments of the noble Lord, Lord Shipley, and the noble and learned Lord, Lord Wallace, on skills and apprenticeships, which was also a familiar theme at Second Reading.

In summary, government Amendments 26, 27 and 30, placing a duty on the sponsor body to include information on contractors’ size and areas of operation in its annual report, are welcome and will help to provide the transparency and accountability needed. Finally, on employment-related issues and the importance of ensuring full staff consultation on the R&R programme and project, at Second Reading my noble friend Lady Smith asked the noble Earl to confirm that there would be full engagement with staff and their representative unions. I would be grateful if the Minister confirmed this and reassured the House that the Government fully recognise its importance.