Select Committee on Business and Enterprise Written Evidence


Memorandum submitted by the Institution of Civil Engineers (ICE)

1.  INTRODUCTION

  1.1  The Institution of Civil Engineers (ICE) is a UK-based international organisation with over 80,000 members ranging from professional civil engineers to students. It is an educational and qualifying body and has charitable status under UK law. Founded in 1818, the ICE has become recognised worldwide for its excellence as a centre of learning, as a qualifying body and as a public voice for the profession.

  1.2  ICE is a member of the Construction Industry Council (CIC). In addition to this submission the CIC are combining with the Construction Confederation and the Construction Products Association to present a joint industry-wide submission.

  1.3  Construction accounts for circa 5% of UK GDP on a narrow definition (on-site construction activity) and 10% of GDP on a wide definition (including professional services and the manufacture and sale of construction products). Based on this wide definition the construction industry employs three million people in 350,000 firms and Government accounts for circa 40% of UK annual construction spending.

2.  TRENDS

  2.1  Output and demand, particularly in London and the South East is expected to rise significantly in the next five years. It is anticipated to peak in 2008-09. The Olympic build represents just over 5% of new construction in the South East during the period 2006-12.

  2.2  Health and safety risk management is improving. However, there were 71 fatalities in 2004-05; the same as in 2003-04. During this period there was a 5% drop in major injuries to employees to 3,760 major injuries in 2004-05 from 3,978 in 2003-04. ICE endorses the new CDM regulations which focus on improving health and safety risk management performance.

  2.3  Skills: The industry requires in the short-term 30,000 additional operatives, designers and managers. In the long-term there are serious issues surrounding the diminishing supply of engineers. Full-time civil engineering undergraduate numbers have fallen by 28.69% between 1997-2004 (12,495 down to 8,910).

  2.4  Innovation: Research and innovation time series data on R&D investment is not available, however indications are of a significant fall in the last 25 years. ICE welcomes the tax credits for research outlined in the 2006 budget, but more action is required, including improvements to academia-industry knowledge transfer. The UK also needs to drive down the costs to industry of investing in research. The failure of the UK to attract investment in research is a serious issue. Investment in research fell in the UK last year whilst it rose in other industrialised nations.

3.  CIVIL ENGINEERING

  3.1  While construction and civil engineering is often viewed within the parameters of "hard" major infrastructure development, they also have a "softer" side which has an effect on other important areas of government policy, such as new schools, hospitals and house building programmes. As a further consequence construction and civil engineering help deliver government's wider social and health policy goals, for example developing sustainable communities and improving quality of life.

4.  LONG-TERM CAPACITY FOR THE DELIVERY OF LARGE INFRASTRUCTURE PROJECTS ON TIME AND TO BUDGET, SUCH AS THE OLYMPICS

Availability of skills

  4.1  In March 2007 the Construction Skills network published, A Blueprint for Construction Skills 2007-11. This estimated that in the period 2005-11, employment in construction will grow by 17.5% from 2.41 million to 2.8 million. In practice an average of 87,600 workers will need to be recruited annually to meet this growth and to replace people leaving the industry. Within this overall figure:

    —    Construction professionals and technical staff will rise from 277,550 to 302,010, with an average annual recruitment requirement of 12,340.

    —    Construction managers will rise from 193,250 to 211,140, with an average annual recruitment requirement of 6,270.

    —    Senior and executive managers will rise from 9,270 to 9,820, with an average annual recruitment requirement of 200.

  4.2  This study confirms that demand will be acute in London and the South and East of England and we explore the situation in the region in some detail below.

  4.3  The Committee should be aware that significant pressures exist elsewhere in the UK. The practical task of recruitment may be harder in the relatively closed markets of provincial regions which do not share the cosmopolitan attractions and pressures of Southern England. As an example the Scottish Executive's planned £3 billion capital investment programme in strategic road and rail projects will see an average annual growth rate in the Scottish infrastructure sector of 6.2%; one of the drivers for a projected 8% growth in construction employment between 2007-11. Figures for total construction employment can also mask an imbalance between general construction employment and the demand for the much smaller pool of technical experts and professionals. The North East England is projected to see a growth rate of 7.7% for professionals against an overall growth rate of 4%, whilst the figures in North West England are 10% and 6.6% respectively.

  4.4  Construction is the most white and male-dominated of all major industrial sectors. Women, make up only 7% of ICE membership. We do not know the make up of ethnic minorities in the profession, although according to CITB-ConstructionSkills ethnic minorities make up only 3% of built environment professionals. Similarly we do not know how many disabled civil engineers there are, although it is estimated that they account for less than 0.3% of all construction professionals.

  4.5  Research on women's and ethnic minorities' experiences within construction have shown that the industry reproduces a white male culture in which women and ethnic minorities experience marginalisation, discrimination, disempowerment, prejudice and "glass ceilings" to their career progression. This, in turn, leads to vertical segregation within construction firms.

  4.6  In less than six years, the Commission for Racial Equality estimates that only 20% of the total UK workforce will be the current white, non-disabled, males that have traditionally made up the construction industry's recruitment pool. This means that the industry has to diversify. According to the Disability Rights Commission, one in every five people of working age is disabled. Disability also increases with age, and, with the population as a whole aging, it is likely that there will be increasing numbers of disabled people in the labour market in the future. Furthermore, employment rates for women of working age continue to rise. Clearly, the industry will need to promote equality and encourage greater workforce diversity to ensure a sustainable civil engineering workforce for the future.

London and Southern and Eastern England

  4.7  The ConstructionSkills forecast model for 2007 to 2011 in London indicates a 13.5% increase in workers, with a 4% growth in the South East and 13.4% in Eastern England. In total, demand for workers across the three regions will rise from 925,560 to 1,045,750 at an average annual requirement of 36,600. Once again within this overall figure:

    —    Construction professionals and technical staff will rise from 119,510 to 130,060 with an average annual recruitment requirement of 5,200.

    —    Construction managers will rise from 77,990 to 86,980, with an average annual recruitment requirement of 3,150.

    —    Senior and executive managers will rise from 3,780 to 4,310 with an average annual recruitment requirement of 190.

  4.8  Similarly, a December 2005 study for the Highways Agency (HA) on issues around the M25 Design, Build, Finance and Operate (DBFO) project found that an additional £37 billion (over and above a nominal "average" period) of increased construction investment was needed between 2006 and 2013 in the London and the South East. The Olympics were projected to account for circa 5% of this additional demand, with the remainder made up of commercial office building, infrastructure (mainly rail), government spending on the Thames Gateway developments and the M25 DBFO. In relation to professionals the HA report calculated that by 2008 an extra 1,628 designers and 3,256 extra managers would be needed to service the projects in London and the South East.

  4.9  A significant proportion of the additional professional staff highlighted by these two studies will need to be drawn from the civil engineering profession. The ConstructionSkills report identifies infrastructure as one of the major drivers for growth both nationally and in London and South and Eastern England. London will see the final stages of Heathrow Terminal 5, extensions to the Docklands Light Railway and East London Lines and of course Olympics infrastructure. Eastern England infrastructure growth will include expansion to ports at Harwich, Felixstowe and Great Yarmouth and Dunstable Northern bypass.

  4.10  Earlier ConstructionSkills figures show that there are on average 1,200 civil engineers graduating every year and that the total population of fully qualified practicing civil engineers is circa 60,000. In addition, at the professional level, training takes typically four years academic study followed by five years vocational experience. These figures indicate that there is likely to be recruitment into London and South and Eastern England from other UK regions and that additional overseas professionals will be required. In practice many of the largest consultant and contracting companies are already recruiting staff from Europe as a matter of course.

  4.11  While we believe that this is a situation the industry is able to cope with, there are significant management issues raised by both a multi-national workforce and short-term movement of workers from other parts of the UK, not least around health safety and welfare. ICE has recently commissioned a study from the University of Loughborough to examine these issues in relation to migrant workers, which is due to be completed in autumn 2007.

    —    The ConstructionSkills model quoted above does not include forecasts of skills required in transport or utilities. These are included within Goskills, E-skills and Energy and Utility skills. Given pressures on technical skills and the need of industry to plan ahead for major forthcoming projects such as Crossrail, the DTI should review the coverage and cross-working of these bodies to ensure that modeling provides an accurate picture of future skills requirements across all industries.

    —    There are also a large numbers of engineers and other construction professionals who have left the industry following academic study. It would be of benefit to encourage these workers back into the industry.

    —    All parties must do more to understand and address the health, safety and welfare issues raised by both increased use of migrant workers and UK workers living away from home for extended periods of time.

Maintenance of standards

  4.12  Much of the activity in the construction sector is unregulated with voluntary schemes of professional qualification and competency being the norm. Professional institutions, such as ICE, promote competence and ongoing commitment to professional development through professional qualification.

  4.13  Members of a number of professions are required to be licensed by statute in order to practice. In the UK this includes all health professionals working in the NHS, solicitors, teachers in state schools in Scotland, gas installation businesses, chiropractors and architects. Architects are governed by the Architects Act, 1997. In the absence of mandatory licensing of engineers and engineering technicians, professional institutions such as ICE have to promote the value of membership and, de facto, professional qualification to all stakeholders including aspiring members, employers, and clients. Competence schemes exist throughout the industry and some, notably the Construction Skills Certification Scheme introduced by the Major Contractors Group, are valiant attempts to drive competence and skills across all levels of the industry with emphasis on Health & Safety Risk Management. However professional qualification goes further.

  4.14  Undertaken voluntarily, professional qualification through bodies such as ICE is the demonstration of competence and professional commitment to independently audited standards and processes. Licensing bodies such as ECUK and the Society of the Environment, which control the titles Chartered Engineer, Incorporated Engineer and Engineering Technician for the former, and Chartered Environmentalist the latter, are an effective means of establishing competence standards across a wide range of disciplines. Professional institutions play the vital role of qualifying their members to these standards, and, by providing knowledge and support through Continuing Professional Development (CPD), the mechanism to maintain competence. We would wish to see clients demand high qualification standards from those they consult and contract as a matter of course.

  4.15  Professional qualification is also the underpinning competence required by the many Specialist registers and lists that have been developed and introduced either through Statutory Legislation (eg Qualified Civil Engineers [Panel Engineers] under the Reservoirs Act 1975), demonstrable societal need (eg the conservation accreditation register for engineers [CARE]), or in response to specialist industry need (eg the Construction Health, Safety & Welfare Register to demonstrate the competence requirements for Co-ordinators under the CDM Regulations). These registers and specialist lists have a key role to play in setting and maintaining standards and in promoting their appropriate use and value. ICE would again wish to see clients making appropriate and effective use of these.

5.  GOVERNMENT AS CLIENT

  5.1  Whilst there are issues for the industry to address, it is the government, which in all its guises is by far the UK construction industry's largest client, that must play its part. The increased use of partnering arrangements requires government clients to behave differently. In addition clients must have access to high-level skills in estimating risk, programme, project and commercial management. Without these skills Government will struggle to set realistic budgets and timeframes, and to manage projects effectively. Finally there are strategic and institutional issues which are currently hindering the ability of government to deliver its capital investment programme.

Partnering

  5.2  The UK construction industry has, since the mid 1990's, moved away from adversarial contractual relationships to the framework and partnering approaches as recommended in the Latham and Egan reports, and endorsed by the National Audit Office (NAO) and embodied in NEC3 Contracts. Partnering is not, however, an easy option and to be effective needs to be much more than a statement of intent. Partnering principles should cover enforceable aspects of the contract between the various parties. However importantly there must be a genuine two way relationship with real commitment to sharing risk and reward on an equitable basis. This applies to government as well as its private sector partners. When problems arise on large projects, clients will be better served by a willingness to work within arrangements that allow for an equitable sharing of additional costs, rather than striving to maintain a budget that is unachievable, and in so doing damaging relationships with their delivery partners. In an extreme example of this approach, BAA has assumed all the project risk for the Heathrow Terminal 5 contract itself and put in place co-operative arrangements with its contractors based on the principles of problem-solving and benefit sharing.

  5.3  BAA has taken this approach after studying the failures of other "mega-projects" where efforts to transfer major risks to contractors led to outcomes damaging to the project including:

    —    A focus on blame avoidance, rather than working co-operatively, to solve problems particularly those created by other contractors.

    —    Underbidding and undercharging for risks to secure contracts being followed by efforts to recover costs later, for example through squeezing subcontractors or charging for unforeseen extras.

    —    Contractors pursuing individual gain, rather than looking to maximise benefits and efficiencies over the whole project.

  5.4  This approach will not be suitable for all projects and requires a large contingency to be built into projects. It also requires the client to have the skills to be able to challenge contractors on value for money and to put in place a robust incentive scheme to encourage the client to perform well. However, Terminal 5 is scheduled to be delivered on time and to budget.

    —    Government should ensure that the attitudes, structures and skills are in place to ensure that it can realise the benefits of long-term partnering arrangements with the construction industry.

Institutional issues and public sector client skills

  5.6  We would advise the Committee to study the March 2007 report by Mike Nichols (a Fellow of ICE) to the Department for Transport on cost over-runs in the Highways Agency major roads programme.

  5.7  Nichols pointed to the difficulties the Department for Transport had in fulfilling its oversight and sponsorship role for its Agency's road programme. This resulted in a strategic vacuum, with no link between (unclear) policy goals and the list of projects making up the Highways Agency capital works programme. This created obvious problems for prioritisiation and resource allocation, a situation exacerbated by a lack of clarity on the governance arrangements between DfT and the Agency.

  5.8  This report identified a number of operational issues. In particular that the Agency was setting "final" budgets at too early a stage of projects, when they were surrounded by uncertainty, and proposed that a variant on the model used by Network Rail should be employed. This allocates funding on a three-stage basis covering requirements definition, development and construction. He also identified that Agency had suffered from the loss of experienced staff and should look to improve its capacity in estimating, risk management, retention of skilled staff, and programme, project and commercial management.

  5.9  The Office of Government Commerce (OGC) has produced guidance on "fair payment" practice by public sector clients, including payment within 30 days. This should lead to a "Fair Payment Charter" to be adopted by all public sector clients. Fair payment practice is vital for a healthy industry, particularly smaller contractors down the supply chain.

    —    Government should consider if the problems and solutions highlighted in the Nichols report on the Highways Agency Major Roads Programme are relevant in other areas of the public sector, particularly where there is a lead department/agency relationship.

6.  IMPROVED CO -ORDINATION OF THE GOVERNMENT'S CAPITAL INVESTMENT PROGRAMME

  6.1  At present there is little evidence of serious co-ordination of major capital investment programmes emerging from different departments and agencies. Further consideration of the Government's capital investment and expenditure programmes over time will allow companies to maintain and grow their staff, skills and employment practices. The current environment of boom and bust within different engineering and construction industries allows many workers and skills to leave the industry and the country. It is far more difficult to entice these professionals back when the work returns. An example of this is the nuclear industry. Any construction of nuclear power stations would now require a substantial import of skills from outside the UK when the previous building programme used domestically sourced professionals. Major investment in sectors such as energy, transport, waste facilities and flood defenses are expected over the coming decade. We therefore welcome the Chancellor's commitment in his pre-budget report in December 2006, that as part of reforms to the planning system Ministers will be responsible for statements of long-term need and hope that this increased visibility leads to much improved co-ordination of workflow between departments. Spikes of demand can also create short-term difficulties in sourcing and delivering plant and materials.

  6.2  Investment in infrastructure is often compromised, unlike in other publicly funded sectors such as health and defence. This often leads to elected officials rejecting plans or imposing delay. For example, regional decision-making bodies, such as Regional Transport Committees are refusing to commission urgent highway improvements because the project will eat into their budgets. To ensure that infrastructure receives similarly consistent funding to the health and defence sectors infrastructure, investment must be depoliticised to eradicate the assumption that it can easily absorb cuts.

  6.3  The Committee should be aware that construction inflation is currently running at circa 6-7%, which is considerably above the standard measure of inflation in the economy. In addition, within this headline figure there is a degree of complexity. Increased international demand has led to considerable volatility in the price of some raw materials, notably steel, whilst variations in the price of energy have also had a significant impact.

    —    A realistic assessment of overall construction inflation and the volatility of prices for materials and energy should be a feature of government construction procurement.

7.  THE OLYMPICS

  7.1  In relation to the Olympics, and indeed to other major programmes, the Committee should be aware that as a project, it is of a different character to the type of ongoing commercial relationships on which alliancing, partnering and frameworks rely. It is to all intents and purposes a one-off project with a fixed end date and an increasingly politically sensitive out-turn cost. In this context what needs to be avoided is a model whereby the client creates its own Project/Contract Manager from within its own organisation (or the Project Manager and the Client are really the same organisation). This approach is flawed because the drivers for the client and the Project Manager should be entirely different.

    —    Government should ensure that in relation to the Olympics and other major programmes, the roles of Client and Project Manager are clearly defined and separated.

  7.2  It is also notable that the Thames Tunnel and Crossrail projects will be working closely together to share equipment, skills and planning programmes to maximise the efficiencies created by the similarities of these two projects. Further identification of project similarity could deliver considerable cost savings, minimise disruption and also develop a broad range of required skills.

    —    Government should give consideration to its long-term investment programme and give clear indications of long-term plans in different engineering and construction sectors. Statements of long-term need promised by the Chancellor in his pre-budget report should be accompanied by increased cross-Government planning of construction work flow.

    —    Government should work to identify similar projects in its overall programme and exploit opportunities for efficiency savings by sharing equipment, skills etc.

8.  CONSTRUCTION R&D

  8.1  Investment by the industry itself into construction R&D has traditionally been considered to be low compared to other sectors. However, there is a lack of clear figures and definitions, for example much design work on one-off projects, might in other sectors be classified as R&D. There are however, a number of issues which militates against investment in R&D.

  8.2  The industry's products are often very heavily specified by clients, who should be the driver for product development to avoid wasted research funding. At least two major public clients, Network Rail and the Highways Agency operate their own standards department, which obviously have a major impact on final specifications. This situation does not create a good incentive to invest in R&D as any new product or technique faces a lengthy and uncertain approval procedure. Encouraging clients to set functional requirements has the potential to encourage innovative solutions from contractors.

  8.3  A second issue is that much of the financial or other benefit of construction R&D accrues to society in general, for instance in the form of reduced environmental impact or higher performance standards of public buildings. The sector has therefore traditionally looked to government to overcome the collective action/free rider problems this situation appears to inevitably entail.

  8.4  In terms of Government support, the DTI's construction specific Partners in Innovation Programme was closed to new applications in 2002, when the department moved away from sector specific research to embrace a thematic approach to industry support. Construction has not always been successful in attracting funding from this source. One result of this situation is that whilst support for academic research through the Research Councils remains high, the number of projects that codify technological breakthroughs into industry codes of practice has declined. While this is only one knowledge transfer path it remains a concern. In general, the fractured, unconsolidated nature of the sector does make knowledge transfer and the spread of best practice a problem for the UK construction industry. DTI's Innovation Strategy recognises this as a generic issue for the UK and is funding a raft of knowledge transfer Networks (KTNs) which aim to build up a critical mass of well connected and well informed people. However, it is unclear how KTNs will break down the commercial disincentives for knowledge sharing or if they will be successful in drawing in participants from SMEs who make up a large percentage of the UK construction industry. All of these issues could impact on the industry's capacity to innovate and maintain its competitive edge.

  8.5  A difficulty in assessing the level of government support for construction R&D is the fragmentation of responsibilities across departments and agencies. Whilst DTI support has declined, other aspects of construction, for instance flood defense, water supply, energy are receiving R&D support elsewhere in government. Furthermore, fragmentation not only across government but also across public procurement and industry, has led to a lack of buy-in to the untapped resource of EU funded research programmes.

  8.6  The Committee should also consider the influence of the government's role as client on R&D expenditure. In principle the partnering type arrangements promoted elsewhere in this submission should create an environment in which the government's construction industry partners have an incentive to invest in R&D to improve performance over the life of a 25-30 year concession.

    —    A government-wide assessment of support to R&D for construction and infrastructure would be valuable.

    —    Assessments of levels of government support for construction R&D should take into account the contribution of construction to meeting policy goals in other sectors such as education and health, and in meeting broader policy goals around carbon emissions and quality of life.

    —    Greater attention is needed to mitigate the impact of any shortfall in R&D and knowledge transfer on the industry's ability to absorb innovation and maintain competitiveness.

    —    Government and industry should assess if there is a significant link between contractual form and R&D investment.

  We would also hope that the Committee consider if construction has suffered disproportionately from the disbanding of sector specific support.

9.  REGULATORY MATTERS, SUCH AS HEALTH AND SAFETY, AND THE BUILDING REGULATIONS

Health and Safety Risk Management

Safety

  9.1  The Health & Safety Executive's approach to launching the revised Construction (Design and Management) Regulations should be applauded for focusing on improving H&S risk management performance on the ground, whilst reducing complexity and bureaucracy. We also applaud the fact the revised regulations make it clear that all partners in a project, including clients and designers, have a shared responsibility for health and safety.

  9.2  However, regulation alone cannot save lives and it is unrealistic to believe that an Agency could police an industry on the scale of construction. Driving cultural change is, therefore, a major ongoing task, with industry taking a lead in ensuring that individuals buy into H&S risk management. UK performance does stand up to international comparisons but there were still 70 deaths on site in 2006.

  9.3  The importance of strong leadership can, therefore, not be overstated and the personal commitment of individuals such as Keith Clarke, CEO of Atkins, should be applauded. Conversely the late opposition of groups representing clients to the additional responsibilities placed on them under CDM 07 was disappointing.

  9.4  As with sustainability there is a great opportunity for the public sector to use its procurement leverage to drive improvements in the sector. This will require an enlightened approach by public clients, who may need to shift focus from maintaining adherence to a rigid budget at the capital expenditure phase of a project to deliver long-term, non-monetary benefits. There is a significant amount of guidance for public sector clients on health and safety risk management from the Office of Government Commerce and others. However, whilst some large bodies, for instance the Highways Agency, are putting greater resources into meeting their H&S risk management responsibilities, there is anecdotal evidence that this is by no means universal—smaller local authorities have being identified as particular culprits in this area. Furthermore, 40% of all procurement contracts are with central Government. While having the potential to lead on and make significant impact on the health and safety risk management agenda, central Government is presently too fragmented, hence becoming a poor example of implementing its own aspirations.

  9.5  As a professional institution ICE recognises it has a major role in this area in ensuring members develop and maintain H&S competence. In the last two years ICE has upgraded the H&S competencies that must be developed during initial professional development and made passing the H&S element of the professional review compulsory for any candidate seeking full chartered membership.

    —    All construction bodies with skills/competency functions must prioritise health and safety risk management to others.

    —    All public sector clients and not just large agencies or departments should place close attention to fulfilling their H&S duties and use their leverage to drive good practice across the sector.

    —    Government should place greater emphasis on setting quality health and safety risk management examples and lead on the H&S agenda.

Health

  9.6  The Institution would also support a greater focus on the health aspect of the health and safety equation. There are a number of serious health issues prevalent in the industry including Musculoskeletal Disorders (MSD), Hand Arm Vibration Syndrome (HAVS), Noise Induced Hearing Loss (NIHL), Dermatitis and Mesothelioma. These problems can be exacerbated by the nomadic nature of the industry, which can lead to employees having difficulties accessing basic services. We do not believe the industry has been as effective as it could have been in addressing these issues. Again a cultural change is needed to encourage active case management and effective communication between the employer, employee and health support. This should have the benefit of allowing employers to reduce the number of days lost through ill health.

Building Regulations and Code for Sustainable Homes

  9.7  Successive changes to the Building Regulations since the early 1990s have led to significant improvements in the energy/carbon performance of buildings, with energy efficiency standards for new buildings now 40% higher than in 2002 and 70% higher than 1990. However the low replacement rate of the building stock (0.1% per annum) has meant that reducing the UK energy requirements needed for heating and cooling buildings has not moved on at great pace. The Chancellor's announcement in his budget for assistance with insulating domestic homes is welcome, but attention will need to be paid to the detail of the scheme, the pace of its roll-out and the continuing need to improve the performance of non-domestic buildings.

  9.8  ICE welcomes the introduction of the Code for Sustainable Homes, and in particular the promise that it would flag upward movements in the Building Regulations, allowing the main body of the industry valuable time to adapt. However, we were disappointed that the original concept of a code for sustainable buildings was watered down. We would also point out that the code has narrow boundaries, covering making housing units, fittings and appliances more sustainable. To get a true picture of the sustainability performance of a building would require a series of life cycle assessment of the structure and fittings to be carried out in the context and location in which they are being used. We felt it is important that guidance was issued with the code to make users aware of these limitations.

    —    The government should consider expanding the code for sustainable homes to cover all buildings and provide guidance on limitations of a sustainability assessment limited to structures, fittings and appliances.

10.  ENCOURAGING SUSTAINABILITY

  10.1  Leverage from public procurement is obviously a major opportunity. The report of Sir Neville Simms' sustainable procurement task force found that, "incentive systems neither reward sustainable procurement nor do they punish failure to comply with existing policies in this area".

  10.2  Government has responded with a package of measures but the revision of central departments' Public Service Agreements, as part of the forthcoming Comprehensive Spending Review, is a major opportunity to address key issues identified by Simms, such as the failure to properly assess long-term benefits against up-front benefits and a failure to include non-financial benefits in options appraisals.

  10.3  One key area where progress is needed is around the selection and use of materials and other resources. Construction and demolition accounts for 32% of the total annual waste arisings in the UK. Furthermore, a series of "Biffaward Mass Balance" studies of the industry suggested that 350mt of materials flow through the construction sector which generated 90mt of wastes while adding 270mt to the stock of buildings. Although it recycles 46mt of materials, the amount still going to waste disposal suggests considerable further potential for recycling.

  10.4  We noted above that a positive aspect of CDM 2007 is that it forces clients, designers and contractors to integrate health and safety considerations into their plans. ICE's Demolition Protocol, which has been promoted extensively by the government's own Waste and Resources Action Programme (WRAP) agency, extends this logic to material use. The protocol enables users to make a realistic assessment of the material that can be recovered at the demolition phase of a project and crucially links this figure to the specification of materials for any new build on the same site.

  10.5  At macro level, ICE has regularly drawn attention to the split in policy responsibility for Sustainable Development across Government. As civil engineers we can contribute strongly to delivering sustainable development, but would be greatly helped by a policy framework making stronger linkages to be made from the sustainability of infrastructure to longer-term quality of life, conservation and biodiversity, and resource use impacts. Our series of reports on resource management with the Institution of Mechanical Engineers have demonstrated how the much needed investment in waste processing infrastructure could realise wider benefits if placed in such a framework.

    —    Government should revise PSAs to ensure departments use procurement leverage to drive more sustainable construction.

    —    Mechanisms such as the ICE Demolition Protocol should be employed to focus the attention of clients, designers and contractors on improving the efficiency of resource use in the construction sector.

    —    Government should encourage greater co-ordination between policy on physical infrastructure and wider environmental and societal impacts.

11.  BEST PRACTICE ON CONTRACT MANAGEMENT

  11.1  We have made extensive comments above on partnering, alliancing and frameworks. Developed by the ICE, NEC Contracts encouraged the development of these concepts by providing a flexible contractual framework that promoted a partnering ethos by stimulating good project management. We believe these principles should be regarded as best practise in contract management and should be filtered down the supply chain.

  11.2  ICE believes that there remains resistance to this practice. In particular with regard to advice provided by the legal fraternity to their clients, leading to standard forms of contract being heavily amended and collaborative intentions of contracts being heavily diluted. Therefore, we would recommend that all parties to contracts should be encouraged to use the same standard forms of contract to avoid the dilution of collaborative intent.

  11.3  Written in plain English, the NEC has provided a step change in effectiveness of contract management in the construction industry. It is gaining ground fast but needs government promotion to speed up the process. We note that the National Audit Office has endorsed the use of the ICE developed NEC 3 Contract as a basis for such collaborative working and that the OGC recommends the use of NEC3 by all public sector procurers on their construction project. A similar endorsement by the DTI would greatly assist in encouraging the private sector to adopt the use of a collaborative and integrated set of contracts for all construction projects and services. It would also be a powerful tool for promoting a distinctive UK initiative in the international market. In addition if central and local government are going to support the contract they need to provide adequate skills and sufficient resources in order to manage it.

  11.4  However, contractual arrangements alone will not guarantee success and is not a substitute for developing the procurement and project management skills outlined above.

  11.5  Finally, the competence of resources particularly in local government is a significant issue. The volume of resources is also significant with many individuals carrying out procurement activities as only part of a complex portfolio. This demonstrates a lack of appreciation that for any client the procurement of built environment assets is a significant investment and often prevents adequate interaction with the users and occupiers of the asset. The outcome, therefore, continues to be unsatisfactory both from the management of the provision of the asset and the perceived value for money of the end product.

    —    All parties to contracts should be encouraged to use the same standard forms of contract to avoid the dilution of collaborative intent.

4 May 2007





 
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