Acting Parliamentary and Health Service Ombudsman

Nick Smith Excerpts

Monday 25th March 2024 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

I thank the hon. Member for Hazel Grove (Mr Wragg) for his introduction, and we look forward to more information coming forward.

We support the motion to appoint an acting Parliamentary and Health Service Ombudsman. The post of the PHSO combines the two statutory roles of parliamentary commissioner for administration and health service commissioner for England. As Members of this House, we all know the important role that the ombudsman plays in our system to provide an independent complaint handling service. The PHSO makes final decisions after complaints that Government Departments, a range of other public bodies in the UK or the NHS in England have not acted properly or fairly, or have provided a poor service. The findings from the PHSO’s casework are shared with Parliament to help its scrutiny of public service providers and, more widely, to help drive improvements in public services.

I put on record my thanks to Philippa Helme, the recruitment lead and chair of the recruitment panel, and her panel for their work in identifying and interviewing candidates. The whole House will want to wish the acting ombudsman, Rebecca Hilsenrath, who is also the chief executive officer of the PHSO, well while the search for her new boss is finalised.

I know that Members on both sides will want to send their thanks and best wishes to Rob Behrens, the outgoing ombudsman, for his sterling work leading the PHSO since 2017. I remember him at Coventry Polytechnic back in the day. Rob has an outstanding record of public service, investigating suspected failures in our public services and helping people seek redress. We only have to read his recent interview with The Guardian to appreciate his dedication to the families and victims of public maladministration, particularly in the NHS. In it, he raised concerns about a “cover-up culture” in the NHS that leads to avoidable deaths and families being denied the truth about their loved ones, arguing that whistleblowers are being victimised and that Ministers and NHS leaders are doing too little to change the organisation’s culture.

The ombudsman has also been in the news this last week, because he has published his final report into communication about changes in the state pension age for women born in the 1950s, which meant that some women born in the 1950s had very little notice of an increase in their state pension age, and therefore fewer years to prepare and plan. This is a serious report that requires serious consideration. The PHSO has rightly said that it is for the Government to respond, and we will continue to press them to do so.

These recent news stories highlight the high-profile work of the ombudsman, but we know that Members refer cases to the service day in and day out, trying to get redress for problems with our public services that have affected our constituents’ lives. The ombudsman is an important and vital tool for people across our country who are trying to get answers and recourse. I hope that we will soon debate a motion on the permanent replacement for Mr Behrens, and I look forward to the House panel completing its work.

Protecting Steel in the UK

Nick Smith Excerpts

Tuesday 23rd January 2024 Commons Chamber

[Ms Ghani]

My hon. Friend is right. Tata Steel is actually losing £1.5 million a day. A statement put out by Tata Steel made it very clear that our investment of £500 million, which is unprecedented for the steel sector, would enable it to safeguard steel production in the UK in the long term. I know that this is a difficult time, but without our investment we would have risked losing steelmaking at Port Talbot.

[Nick Smith (Blaenau Gwent) (Lab)]

Will the Minister give way?

[Andrew Percy (Brigg and Goole) (Con)]

Will the Minister give way?

--- Later in debate ---

[Jessica Morden (Newport East) (Lab)]

That was a brilliant contribution from the Chair of the Business and Trade Committee.

This afternoon, steelworkers from Port Talbot, Llanwern and beyond are up in the Public Gallery. They have come here today to ask the Government to step up after last week’s announcement from Tata. On their behalf, we implore Ministers to pursue, before it is too late, all avenues to secure a longer, fairer transition that supports our steel industry and jobs. We need a meaningful consultation with the trade unions and full consideration of the alternative options that they have proposed, because we want the best for steel, not the cheapest, which is what we have before us.

[Nick Smith]

My hon. Friend is a great champion for steelmaking in Llanwern. Does she agree that the negative impact of the Government’s plans for steel in south Wales will be massive? Will electric arc furnaces be suitable for the Zodiac line at Llanwern?

Oral Answers to Questions

Nick Smith Excerpts

Thursday 18th January 2024 Commons Chamber

[Oliver Dowden]

The hon. Lady is absolutely right to highlight that attack. It demonstrates that such attacks can affect not just central Government; any agency of government can be subject to them. Indeed, we discussed it at Cabinet just this week. I continue to co-ordinate activity through the ministerial cyber board, and the National Cyber Security Centre works closely with Government agencies, including the British Library, to ensure that they are as robustly prepared as they can be.

[Nick Smith (Blaenau Gwent) (Lab)]

7. What recent discussions he has had with the independent adviser on ministers’ interests on ensuring transparency of declarations.

[The Minister without Portfolio (Esther McVey)]

There is an established process in place for the declaration and management of interests held by Ministers, as set out in the ministerial code. The independent adviser on ministers’ interests publishes a twice-yearly list of Ministers’ interests. Since 2023, interim updates to the list are also issued as needed. The latest list was published in December.

[Nick Smith]

Public appointment declarations are important. As the public face of scandal-ridden Greensill Capital, it has been said of Lord Cameron that he earned $10 million, was paid via an offshore trust and enjoyed many personal flights on Greensill’s planes. Yet when challenged on his remunerations, Lord Cameron refused to answer, saying that he had been a private citizen and had declared all the information for the Register of Members’ Financial Interests. The reply that I received from the independent adviser about all that said that, on appointment, Ministers must declare their private interests. I ask the Minister how a Member can get answers to questions about Lord Cameron’s employment before his appointment. Surely, if someone gets a new public job, answers to fair questions should be laid out for us all to see?

[Esther McVey]

As the hon. Member says, integrity is vital in this place and we all adhere to high standards. He will also know that there is an established regime in place for those declarations. The Foreign Secretary has adhered to those and, as he has said, he has just one job now, Foreign Secretary of the United Kingdom. He is very proud to have that job and to work with the Prime Minister to try to make sure our country is as safe and prosperous as possible.

Defending the UK and Allies

Nick Smith Excerpts

Monday 15th January 2024 Commons Chamber

[The Prime Minister]

Let me tell my hon. Friend that she is right and we agree with the US assessment that Iran has directly supplied and directly supported Houthi attacks in the Red sea, providing intelligence, especially to enable their targeting of vessels, and providing them with missiles and unmanned aerial vehicles. She is right to say that we should do everything we can to prevent that, and I reassure her on that. She will know about the measures we have taken over the past two years on financial transparency and beneficial ownership registers, which allow us to crack down on economic crime and money laundering. Physically, the Royal Navy is involved in interdicting shipments, as it has done successfully last year and the year before. It will continue to have a presence in the region so that we can disrupt those illegal arms flows.

[Nick Smith (Blaenau Gwent) (Lab)]

It is a critical time internationally, but we have a staffing crisis in our Navy, so can we do more to boost the recruitment of sailors by offering science, technology, engineering and maths qualifications? When will we see our Navy back up to full strength?

[The Prime Minister]

Our Royal Navy is one of the top five in the world. It is capable of operating in all the world’s oceans simultaneously and we are one of only two countries to operate fifth-generation jets from the sea, so we should be confident and proud of our Royal Navy. As I have said, we are investing in more equipment and capability going into the future. The hon. Gentleman is right to highlight some of the recruitment challenges—the Defence Secretary highlighted some of them the other week—but we are doubling down on all our initiatives to ensure that our armed forces have the staff they need for the future, and that those personnel have the equipment and supplies they need to do their jobs effectively.

Oral Answers to Questions

Nick Smith Excerpts

Thursday 23rd November 2023 Commons Chamber

[Siobhain McDonagh (Mitcham and Morden) (Lab)]

5. Whether he has had discussions with the independent adviser on Ministers’ interests on declarations of interest by the Secretary of State for Foreign, Commonwealth and Development Affairs.

[Nick Smith (Blaenau Gwent) (Lab)]

12. Whether he has had discussions with the independent adviser on Ministers’ interests on declarations of interest by the Secretary of State for Foreign, Commonwealth and Development Affairs.

[The Minister for the Cabinet Office and Paymaster General (John Glen)]

There is an established regime in place for the declaration and management of private interests held by Ministers, as is set out in the ministerial code. Preliminary discussions have been held with the Foreign Secretary, in consultation with the independent adviser on Ministers’ interests, to ensure that all interests are managed appropriately.

[John Glen]

I do not recognise the hon. Lady’s characterisation of the Foreign Secretary’s employment history. What I would say is that there is a thorough process in place through the ministerial code whereby the independent adviser publishes statements on Ministers’ relevant interests. Yesterday, I met the independent adviser for the first time to speak in general terms about his role, and work is under way on the next list to include the relevant interests of newly appointed Ministers—I think there are about 18 of them. The Government’s position on China remains unchanged. We believe in engaging directly and robustly in the UK national interest.

[Nick Smith]

When Lord Cameron, the public face of Greensill, was in the room where it happened—when key decisions were made, and attending board meetings regularly—there is a perception that he was part of Greensill’s inner circle. Has the independent adviser assessed whether Lord Cameron was considered a shadow director during his time at Greensill?

[John Glen]

The Foreign Secretary has accounted for his conduct in relation to Greensill Capital, and independent reviews by the Registrar of Consultant Lobbyists and the Advisory Committee on Business Appointments confirm that no rules were broken. His ennoblement was also approved by the House of Lords Appointments Commission. I have referred to the process that is under way with the independent adviser for all new Ministers and the updates that will be forthcoming in due course from him. That is all I can say on the matter.

Oral Answers to Questions

Nick Smith Excerpts

Wednesday 15th November 2023 Commons Chamber

[The Prime Minister]

I can assure my hon. Friend that our decision on HS2 means that every region of the country will now receive more transport investment than it would have done before, including the south-west. I am pleased that there is funding to protect the vital rail link between Exeter and Plymouth, that there will be a £2.8 billion road resurfacing fund, and that his constituents in the south-west will continue to benefit from the £2 bus fare until the end of next year. We have previously provided almost £8 million to progress the station that he mentions. I can reassure him that the Rail Minister will have heard his representations and will continue to update him on the progress being made.

[Nick Smith (Blaenau Gwent) (Lab)]

Q2. David Cameron was the well-paid public face of Lex Greensill. Greensill’s companies are facing criminal investigations in Switzerland, Germany and here in the UK. David Cameron messaged Ministers and officials 62 times over Greensill’s covid loan guarantees. The Treasury Committee called that“a significant lack of judgement”.What does his appointment say about the Prime Minister’s own judgment?

[The Prime Minister]

As the hon. Gentleman knows, the Government commissioned Nigel Boardman to review all those issues and strengthen the system following those recommendations. I am very confident that this nation will be well represented abroad by the former Prime Minister. He is a Prime Minister with unrivalled experience of foreign affairs and will help Britain to navigate an uncertain world in challenging times. In contrast, the Labour party would offer to the country a shadow Foreign Secretary who backed the Leader of the Opposition’s predecessor to be leader, was paid to appear on Russian television and even voted against Trident. Does that sound like a man who should represent Britain?

British Steel

Nick Smith Excerpts

Wednesday 8th November 2023 Commons Chamber

[Ms Ghani]

That is why the support was so substantial to Port Talbot, to ensure that the steel sector could continue to thrive here in the UK. Manufacturing in the UK is booming. We are the eighth largest manufacturer in the world and we need to get our goods fundamentally from the UK, including steel. The hon. Gentleman is right to say that we cannot achieve net zero without steel, but we can help steelmaking to become even more green and clean than it is at the moment.

[Nick Smith (Blaenau Gwent) (Lab)]

Does the Minister accept that this news gives up on the UK’s capability to produce primary steel?

[Ms Ghani]

I do not, because it was a plan or proposal put out by British Steel. We have not concluded negotiations.

Tata Steel: Port Talbot

Nick Smith Excerpts

Monday 18th September 2023 Commons Chamber

[Ms Ghani]

That is a sensible point. There are skills strategies in lots of different portfolios within industry, and in these particular circumstances, as I mentioned, a transition board will be stood up with £100 million to do exactly that—to ensure that people are redeployed and reskilled so that they can continue to work in the sector.

[Nick Smith (Blaenau Gwent) (Lab)]

The impact of the war in Ukraine has emphasised the importance of the UK’s sovereign steelmaking capacity, yet an electric-only arc model means that we will have to import supplementary virgin steel and be unable to produce high-end automotive steel. Does the Minister accept that, under this deal, the self-sufficiency of our steel industry has been dealt a real blow and that our defence capabilities are badly undermined?

[Ms Ghani]

The answer is no. Under this deal we have protected jobs and ensured that we will continue to have a steelmaking facility in Port Talbot that supports the diversity in the supply chain. We also realise how uniquely important the blast furnaces in Scunthorpe are. We have talked about looking at hydrogen, but as I mentioned, it is untested at this scale to work within the timeframe that is needed. This deal is really good news for the UK steel sector, enabling it and us to reach our decarbonisation targets and ensuring that we are dealing not with virgin steel but with scrap steel in a way that can be recycled within UK industry. It ensures the longevity of the steel sector in Port Talbot.

NATO Summit

Nick Smith Excerpts

Thursday 13th July 2023 Commons Chamber

[The Prime Minister]

My hon. Friend makes an excellent point. Our submariners do an extraordinary job under difficult conditions, and they deserve our gratitude for everything that they do for our country. They are the ultimate guarantor of our security and we owe them our thanks.

[Nick Smith (Blaenau Gwent) (Lab)]

Labour’s Ernie Bevin helped to found NATO, but I ask the Prime Minister: why have the Conservatives given us the smallest Army we have had for 300 years?

[The Prime Minister]

It is right that our armed forces adapt their capabilities to the threats that we face. Trying to compare the threats that we face and the capabilities that we have now with when NATO was founded is completely ridiculous. It is important now that we invest, whether that is in offensive cyber or extra maritime capabilities to deal with subsea infrastructure. The range of threats we face evolves all the time and we will continue to make sure that we are protected against them, but what no one can doubt is our commitment to investing in our armed forces, with record levels and a 2% commitment that we first met over a decade ago sustained and on a rising trajectory. This Government are committed to investing more in our defence and we will do so in a way that absolutely protects us.

Procurement Bill [Lords]

Nick Smith Excerpts

2nd reading
Monday 9th January 2023 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

I welcome this Bill’s aims of openness, effectiveness and transparency. A third of public expenditure—£300 billion—goes on public procurement, so we must get this right. Unfortunately, though, the Government’s record here has been undermined by the PPE scandal. I do understand that exposure to fraud was a risk during the panic of the pandemic and that the global PPE market was highly competitive. However, big mistakes were made, and billions have been wasted.

The National Audit Office has done brilliant work on tracking the Government’s covid spending. Its investigation into the management of covid contracts in March 2022 found that 46 of the 115 contracts awarded to the Government’s VIP lane did not go through the Government’s due diligence process. That meant that the Department for Health and Social Care could not fully understand the contract management risks it was exposing itself to. Therefore, the sheer scale of Government waste is not just explained by global markets pressures; the UK Government’s failures must also be acknowledged. After all, the PPE scandal has seen £4 billion of taxpayers’ money wasted on unusable equipment and now £2.6 billion-worth of disputed contracts.

I am specifically concerned about contracts awarded to Unispace Global Ltd, which won more than £600 million of PPE contracts during the pandemic. It is extremely difficult to follow the financial paper trail: a look at its manoeuvres, and the chopping and changing of its directors, raises big questions. For example, payments from the Department of Health and Social Care were made to Unispace Global Ltd, but in 2021, it transferred its contracts to a new company, Unispace Health Products LLP, which now trades as Sante Global LLP. Private Eye says, however, that the companies’ accounts do not feature anywhere near the £600 million paid to them, which begs the question: why this chicanery? Will the Bill deal with such shenanigans?

I welcome the introduction of a single central Cabinet Office online platform—that is quite a mouthful—but it should go further and include a publicly accessible dashboard for Government contracts. In that way, we can track delivery and performance, make contractors truly accountable to the people, and close the loopholes that profiteers enjoyed. The British people also deserve to know the profits, commissions, dividends and big bosses’ bonuses being made on the back of public money.

We need measures that financially penalise those who benefited from the public contractors’ PPE super-profits, but when a company changes its identity multiple times, that is made much harder, and the other route—recovering money through the courts—is very expensive and hugely time consuming. What measures will the Government bring forward to deal with those PPE profiteers and their like? We need a Bill that mandates open accounting of public contracts and shines a light on the vultures that prey on the public purse. We need a Bill that allows us to properly follow the money.

--- Later in debate ---

[Alex Burghart]

The right hon. Gentleman says that it does not, but the shadow spokeswoman, the right hon. Member for Ashton-under-Lyne (Angela Rayner), said at the start that it did and praised the fact that it was creating a single rulebook. This will make it easier for our authorities to procure decent services from people who will be able to provide better value for money and will be held to account better. I am very pleased that it is this Government who are bringing it forward.

Opening up public procurement to new entrants such as small businesses and social enterprises so that they can compete for public contracts is a major part of this work, as is embedding transparency throughout the commercial lifecycle so that the spending of taxpayers’ money can be properly scrutinised. The main benefits of the Bill have been reflected by hon. Members on both sides of the House, including my hon. Friend the Member for West Worcestershire (Harriett Baldwin). By delivering better value for money, supported by greater transparency and a bespoke approach to procurement, the Bill will provide greater flexibility for buyers to design their procurement process and create more opportunities to negotiate with suppliers. As my right hon. Friend the Member for North East Somerset said, that will drive better value for money.

As we slash red tape and drive innovation, more than 350 complicated and bureaucratic rules governing public spending in the EU will be removed. We are creating better and more sensible rules that will not only reduce costs for businesses in the public sector, but drive innovation. That will be at the heart of our work as we encourage authorities to publish pipelines that allow businesses of all sizes to prepare for contracts in new and interesting ways.

We will make it easier for people to do business with the public sector. The Bill will accelerate spending with small businesses. A new duty will require contracting authorities to consider SMEs, and will ensure that 30-day payment terms are made on a broader range of contracts.

We also intend to take tough action on underperforming suppliers. The Bill will put in place a new exclusions framework that will make it easier to exclude suppliers who have underperformed on other contracts. As has been mentioned a number of times, it will also create a new debarment register—accessible to all public sector organisations—that will list suppliers who must or may be excluded from contracts.

A number of hon. Members on both sides of the House have referred to the excellent work that has been done on the ProZorro service in Ukraine. I am pleased to be able to let the House know that Ukraine was on our advisory panel and has actually informed our work, and our single digital platform takes a lot from what Ukraine has done with ProZorro. The platform will enable everyone to have better access to public procurement data. Citizens will be able to scrutinise spending decisions, suppliers will be able to identify new opportunities to bid and collaborate, and buyers will be able to analyse the market and benchmark their performance against others on spending with SMEs, for example—better transparency; better for taxpayers.

[Nick Smith]

Will the Minister please tell us when his single digital platform will be ready for use by industry across our country?

[Alex Burghart]

The platform is based on a system that we already have. We are confident that we will be able to introduce it in line with bringing this Bill into force. Obviously, we have to pass the legislation and get Royal Assent, and then there will be a settling-in period. But it is going to be functional very soon.

We are also strengthening exclusion grounds. The Bill toughens the rules to combat modern slavery by allowing suppliers to be excluded when there is evidence of that, accepting that in some jurisdictions it is unlikely that a supplier would ever face conviction. My hon. Friend the Member for Totnes (Anthony Mangnall) made some important points on that score. It is absolutely right that we should be able to debar suppliers who have engaged in such dastardly crimes. It is too soon, however, to say exactly which suppliers are going to be debarred, but he has read the legislation and can see what the potential is. We will consider suppliers according to a prioritisation policy. Once on the list, suppliers will stay on it for up to five years unless they can show that they no longer pose a risk—these are the self-cleaning clauses. Any contracts awarded during an investigation can be terminated if the supplier is debarred. Safeguards are built into the grounds to stop suppliers from renaming themselves. I am happy to talk about those.