Group 9: Social public works clauses (Amendments 5, 6, 12)

– in the Senedd at 6:39 pm on 7 March 2023.

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Photo of Elin Jones Elin Jones Plaid Cymru 6:39, 7 March 2023

(Translated)

We move to our next group, which is group 9, and this group of amendments relates to social public works clauses. The lead amendment is amendment 5, and I call on Peredur Owen Griffiths to move and speak to the lead amendment and the group.

(Translated)

Amendment 5 (Peredur Owen Griffiths) moved.

Photo of Peredur Owen Griffiths Peredur Owen Griffiths Plaid Cymru 6:39, 7 March 2023

Diolch yn fawr. The purpose of amendment is 5 to amend section 27, which deals with the social public works clauses that must be included in contracts for major construction contracts. The categories and improvements sought through this section of  the legislation are intended to bring about improvements to economic, social, environmental and cultural well-being as a result of specific large-scale procurement activities in construction. Table 1 at section 27(2) lists the categories and improvements that will be the basis of publishing model clauses by Welsh Ministers for inclusion in such public construction works. At Stage 2, we highlighted that the Bill, as introduced, referenced needing to facilitate improving employment opportunities for certain protected characteristic groups, though omitted others. It is essential that the legislation, and, in particular in this context, the model clauses that Welsh Ministers will be obliged to publish under this section, set out the gold standard, to ensure that new jobs and investments following from major construction contracts benefit groups and places that face structural barriers to work and have been under-represented in the workforce, therefore using procurement as a lever to create the nation of equals that we want to see.

I welcome the discussion that we've had with the Minister following Stage 2, and this matter, and I'm pleased to bring forward amendment 5, which adds additional protected characteristics to the face of the Bill. As well as improving representation of these groups within and the diversity of the workforce at the most fundamental level, we envisage that expanding the improvements sought through the employment category of this table to include other groups, such as women, people of colour, and LGBTQ+ people, presents an opportunity to use procurement levers to influence good practice in the private sector—for instance, to advance the cause of equal pay. We know from Chwarae Teg's latest 'State of the Nation' report that the gender pay gap in Wales still stands at 11.3 per cent. There is also an opportunity to encourage the extension of the same good practice that exists in public services in one—granted—specific but nevertheless significant, part of the private sector, in terms of shared parental leave, for instance. The possibilities are endless. If the Senedd agrees to this amendment, then we will have a strong basis on which to make further progress. This, in turn, will also help embed and bring to life in a very practical sense the aspirations that lie behind other commitments that are at the heart of Plaid Cymru's co-operation agreement with the Welsh Government, notably, the LGBTQ+ action plan and the race equality action plan.

My other two amendments in this group are futureproofing the amendments that will allow this Government, or indeed future Governments, to add, remove or amend the category and improvements under the category, subject to the affirmative vote of the Senedd. As the experience of implementing this legislation and monitoring whether and to what extent procurement is having, as we hope it will, the desired effect on driving forward social objectives, it is right and proper that Welsh Ministers are able to make the case to the Senedd to amend this section of the legislation, without having to rewrite the whole legislation. I have mentioned using procurement levers to drive forward our objectives in terms of equality and creating a truly fairer Wales. Another scenario in which this could be used is in relation to climate crisis. This is particularly important given the urgent need for radical approaches to tackle the climate crisis, and these amendments will allow that added flexibility, hopefully. I can call on Members to support these two amendments. Diolch yn fawr.

Photo of Elin Jones Elin Jones Plaid Cymru 6:43, 7 March 2023

(Translated)

The Deputy Minister, Hannah Blythyn.

Photo of Hannah Blythyn Hannah Blythyn Labour

Diolch. The Government is supporting these amendments. As Peredur has explained, table 1 describes the categories of well-being improvements sought within construction contracts and their supply chains. The improvements in the table are designed to build on good practice in the construction industry, and cause these to be applied more consistently. Over recent months, we have been discussing table 1 with construction industry representatives, and with public sector construction experts. The industry is facing recruitment challenges at the moment, and many people we have spoken to are keen to promote the industry as a great place to work, with opportunities for all.

This amendment will focus attention on extending employment opportunities to a wider range of groups of people who may be disadvantaged due to their protected characteristics. This amendment is entirely in line with the pursuit of the more equal Wales goal in the well-being of future generations Act. Table 1 reflects the construction industry now, and some of the challenges it faces in pursuing well-being outcomes. Over time, these may change, and amendments 6 and 12 allow for the table to be updated by regulations in future. I am happy with all of these proposals, and so, can confirm that the Government will be supporting amendments 5, 6 and 12. Diolch.

Photo of Elin Jones Elin Jones Plaid Cymru 6:44, 7 March 2023

(Translated)

Peredur Owen Griffiths to respond.

Photo of Peredur Owen Griffiths Peredur Owen Griffiths Plaid Cymru

(Translated)

I thank the Deputy Minister.

Photo of Peredur Owen Griffiths Peredur Owen Griffiths Plaid Cymru

These amendments are a positive addition to this Bill, and I propose that we move straight to the vote.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

The question is that amendment 5 be agreed to. Does any Member object? No, there is no objection to amendment 5, therefore amendment 5 is agreed.

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

Photo of Elin Jones Elin Jones Plaid Cymru 6:45, 7 March 2023

(Translated)

We'll move now to amendment 6, and if amendment 6 is not agreed to, amendment 12 will fall. Peredur Owen Griffiths, amendment 6. 

(Translated)

Amendment 6 (Peredur Owen Griffiths) moved.

Photo of Elin Jones Elin Jones Plaid Cymru

(Translated)

It's moved. Is there any objection to amendment 6? No, there is no objection to amendment 6. So, the amendment is agreed. 

(Translated)

Amendment agreed in accordance with Standing Order 12.36.

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