I beg to move Amendment 29, in Clause 4, page 4, line 19, after “authority” insert—

“or any sub-contractor in any chain of provision to a service provider”.

This amendment ensures that any person involved in providing a service to a service provider which was subcontracted will fall under the duty to comply with the duty of candour and assistance to an inquiry or investigation.

With this it will be convenient to discuss Clause stand part.

I am delighted to have got to this bit. I speak to this Clause in particular, because I am extremely concerned that the duty of candour should capture subcontractors and the contractors to subcontractors. It is unbelievably common for those committed to carrying out contracts with local authorities, Government or public bodies generally to subcontract and subcontract and subcontract. There is absolutely no reason why those organisations and the people involved should not fall under the duty—those people are often the whistleblowers who tell the primary organisation, or their own, what it is that they have seen. I feel strongly that we should ensure that any person involved in providing a service to a service provider, where there is subcontracting in place, should comply with the duty of candour and assistance to an inquiry, investigation or all the other panels and various things that we have referred to this morning.

The duty should apply not only to the primary service provider, but to the subcontractors, whether individuals or organisations. That would close a potential accountability gap by making it clear that all parties involved in providing a service must co-operate fully with inquiries, investigations and panels. It would help to ensure that relevant information is not withheld purely due to contractual arrangement. That would support comprehensive scrutiny of decisions, actions, omissions and service delivery.

I rise briefly to support the Amendment and the points made by the hon. Member for Wells and Mendip Hills. It is about not just existing contractual arrangements, but how there might be perverse incentives for people to create different structures if they think that, through contracting or subcontracting, they will escape the accountability under the Bill. I am keen to hear from the Minister.

Probably the example that everyone has in mind is the Post Office scandal. That was a direct contractor, but it could have had subcontractors and so on. When the Post Office was conducting its private investigations, it might have used subcontractors to do some of those investigations. That would not be an unusual step for an organisation to take, so it is important that we get clarity on this issue.

I thank hon. Members for their contributions. The Amendment would apply the duty of candour to subcontractors as well as contractors of a public authority, as has been outlined. In the Bill, we have sought to extend the duty into the private sector in a manner that is proportionate and effective. The focus is, and must be, public authorities and public officials—those whose role is to serve the public. That has to be the starting point. The Bill then extends the obligations of the duty of candour and assistance to private bodies and individuals that either had a statutory health and safety obligation in connection with the incident under investigation or were a contractor to a public authority and, in that capacity, had a significant impact on members of the public in connection with the incident. As we have heard, these provisions are designed to capture the equivalents of Fujitsu in the Post Office inquiry.

Another example of what we have been discussing this morning is Primodos and drug companies. Does the Minister expect drug companies to be captured as well?

I welcome that Intervention. As I have stated, if there was a statutory health and safety obligation in connection with an incident under investigation, then, yes, those individuals would be captured by the Bill.

Does the provision of treatment to an individual constitute an incident? That is what we have been talking about in relation to Primodos.

If there had been an investigation or inquiry into that then, yes, it would.

Subcontractors are one or more stages removed. They are responsible to the main or another contractor. Where relevant, we would expect a main contractor to account for the performance and actions of a subcontractor and be candid in doing so. Statutory inquiries and inquests already have the ability to compel evidence from such persons if necessary. Therefore, on balance, we do not think it necessary or proportionate to extend the duty to all subcontractors. I therefore urge the hon. Member to withdraw the Amendment.

If subcontractors get contracted and know that they are working for a local authority or Government body, they just need to pass on that responsibility within the contractual terms. The difficulty comes the moment there is separation between the organisation that is subject to duty of candour and a subcontractor of a subcontractor. It is not difficult—we do these things with payment terms—so I plead with the Minister to make sure that we cover subcontractors. It will not be satisfactory for a subcontractor at tier 1 to speak for a subcontractor at tier 3. It will not happen. It will not be robust enough. I foresee all sorts of slippage, especially when there are whistleblowers two or three tiers down the contract. I plead with the Minister again to reconsider what she is saying.

Secondly, what happens when the senior body—the overarching organisation—is abroad? If I may use an example, Wessex Water—I am not picking on them for any particular reason—is owned by Pennon Group, which I understand is Malaysian. What happens when the head office is abroad?

I am happy to pick up both those points. On the first point, I will work with the hon. Lady to ensure that we find a way forward in terms of ensuring that there is no unintended gap and that we are not missing anything. A balance has to be struck between how far we go in the private sector before we are covering everybody with a duty of candour. However, we can find a way forward here.

That is a hugely important Intervention. In Grenfell, many subcontractors did not fall under the scope. It is a real concern that we need to look at before Report to make sure that subcontractors are in scope. This is all about a change of culture. We need a change of culture within the building industry.

I agree. I am committed to working with hon. Members on a way forward.

On the point made by the hon. Member for Wells and Mendip Hills about what happens if the head office is abroad, the Bill will provide the inquiry or investigation with the powers to obtain information from an individual wherever they are, even if they have retired, if they have resigned or if they now live abroad.

On the basis that we can all work together to make sure that we cover subcontractors, including the different tiers of subcontracting, I am happy to withdraw the Amendment. I was going to press it to a vote, but the Minister has assured me that she will try to do something before Report and I recognise that we have support on both sides of the Committee. I thank the Minister very much indeed. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 4 ordered to stand part of the Bill.