Recommendation 4

It is unclear how the Clerks will manage their legal responsibilities to the programme alongside those to individuals working in and visiting the Palace. From January 2023 the Clerks, acting jointly, have overall responsibility for the parliamentary building works. They acknowledge their new legislative responsibilities which they will be required to fulfil alongside existing responsibilities as corporate and accounting officers to Parliament. We have previously recommended that the Clerks should set out how they would approach the challenge of being asked to do something they considered to be unwise or not value for money, for example through laying a statement akin to a ministerial direction. The Clerk of the Commons told us the Speaker of the House of Commons would be content with such a process. However, no equivalent process has been identified for the Clerk of Parliaments and it is unclear how this process will practically work. The Clerks could be put in an untenable position if, for example, they were asked to ensure Members could access certain parts of the Palace during restoration and renewal works and they could not guarantee their personal safety. Recommendation 4: The Clerks of the House of Commons and House of Lords need to set out the: • circumstances in which they would use something akin to a ministerial direction; and 8 Restoration & Renewal of the Palace of Westminster – 2023 Recall • the practical process they would follow should they be asked to do something which causes a conflict between their respective legal responsibilities.