Procurement Bill [Lords]

Debate between Alex Burghart and Iain Duncan Smith

Consideration of Lords message
Wednesday 13th September 2023 Commons Chamber

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

I beg to move, That this House disagrees with Lords amendment 102B.

It is an honour once again to open the debate on this important Bill, which I am delighted to say is now so close to receiving Royal Assent. The Bill is a key Brexit benefit, delivering a simpler, more transparent procurement framework that will benefit small businesses and meet the needs of UK suppliers and contracting authorities.

Colleagues in the Chamber will also, I hope, remember that, when the Bill was last debated in this House, we offered significant new measures to protect the UK’s public procurement supply chain from threats to national security. Those included new grounds to add suppliers to the debarment list for particular types of contracts that will allow us to ban risky suppliers from bidding for those contracts; the creation of a new national security unit for procurement that will provide dedicated resources in the Cabinet Office to scrutinise national security risks in procurement; and a commitment to publish a timetable for removal of surveillance equipment supplied by companies subject to the national intelligence law of China from Government Department sensitive sites. Earlier this week in the other place, we went further: my noble friend Baroness Neville-Rolfe provided an official clarification of the definition of sensitive sites and committed to an annual written report detailing progress. I am sure this House will welcome our additional agreements and agree that they demonstrate the Government’s unwavering dedication to tackle these issues seriously.

I will deal today with one amendment that the other place sent back to this House, on the subject of organ harvesting. Let me begin by saying that I think all sides of this House are in complete agreement that organ harvesting is a dreadful practice that has no place in our supply chains. The question before us today is whether Lords amendment 102B is the right or necessary one to make, given other provisions in the Bill. In Committee in this House, the Government removed a discretionary exclusion ground for suppliers engaged in forced organ harvesting. The other place has subsequently proposed an amendment in lieu, with some modifications of the original amendment. This new version of the Lords amendment does not cover unethical activities relating to human tissue; it does, however, still cover forced organ harvesting and dealing in devices, equipment or services relating to forced organ harvesting.

I urge this House to reject this amendment for a number of reasons. First, as I have said previously, I do not believe that the amendment is necessary as, crucially, organ harvesting is already dealt with under existing provisions in the Procurement Bill. Under the Bill, any suppliers failing to adhere to existing ethical or professional standards that apply in their industry, including those relating to the removal, storage and use of human tissue, could be excluded on the grounds of professional misconduct. It is worth adding at this point that, as far as His Majesty’s Government are aware, no supplier in the UK public sector has been involved in forced organ harvesting. This means that it is very unlikely that any of our public money is being spent on that terrible practice. As noted above, however, if such a situation did arise, the exclusion for professional misconduct would apply.

Secondly, the amendment has significant consequences for contracting authorities. It extends to suppliers

“dealing in any device or equipment or services relating to forced organ harvesting.”

That is an incredibly broad provision that would be extremely difficult for contracting authorities and suppliers to verify in respect of all supply chains and customer bases. If there were any doubt about whether that discretionary ground applied, local authorities or NHS trusts would need to undertake significant due diligence to satisfy themselves that the entire supply chain and the end user of all goods provided by suppliers—potentially including oxygen masks, IT equipment and so on—were not used in these terrible practices. It would mean that a small business tendering for Government contracts would need to understand where their customers might be using or selling their products, to enable them to genuinely and legitimately confirm that they were not subject to this ground.

More generally, the amendment would create excessive bureaucracy, requiring each and every supplier bidding across the thousands of contracts awarded by contracting authorities each year to declare that they are not guilty of forced organ harvesting, when we know that there is no evidence of that horrific practice occurring in UK public sector supply chains. We believe that such a burden would be unjustified when the Bill already covers this issue.

Thirdly, the Government are already taking steps to tackle the issue of organ harvesting. We have been explicit that the overseas organ trade, or complicity with it, will not be tolerated. For example, by virtue of the Health and Care Act 2022, it is already an offence to travel outside of the UK to purchase an organ. In addition, the Government continue to monitor and review evidence relating to reports of forced organ harvesting in China, and maintain a dialogue with leading non-governmental organisations and international partners on this very important issue. This Bill creates new rules for suppliers and contracting authorities that will hopefully stay on the statute book for many decades to come.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

I apologise for being slightly delayed, Mr Deputy Speaker: I did not see this debate pop up on the annunciator. I rushed to ask a question about this topic. Forgive me.

On the issue of organ harvesting, I understand the difficulties with this particular amendment, so while I am instinctively supportive of what the Lords are trying to do, I understand the Government’s arguments. However, there is a way to tighten this up. Organ harvesting is taking place in China—it is a regular occurrence—but I would not rely too much on declarations from supply chains. We have already unearthed the problem that supply chains are under no obligation to do the due diligence that would enable them to know whether companies, or the people they are trading with, have any involvement with organ harvesting. Tightening that up would be great.

On that basis, does my hon. Friend accept that we now have to make sure that China is on the enhanced tier of the foreign agents registration scheme? That would really put power in the Government’s hands to make sure that supply chains were properly checked. Will he say to our right hon. Friend the Prime Minister and to all those concerned that it is time we did so? China is a genuine threat to us, industrially as well as politically.

[Alex Burghart]

My right hon. Friend is an expert on these matters. I thank him for his intervention—I have to say that I was quite surprised that he was not sitting behind me when I stood up in the first place, but I am delighted to see him in the Chamber now. I am sure that my right hon. Friend the Prime Minister will have heard his remarks and will consider them carefully. This is obviously a procurement Bill, and we are doing our best to create the post-Brexit framework that will give us an enhanced ability to improve all aspects of procurement in our society.

In Committee and on Report in this House, we thought it was necessary to tighten up national security considerations to make sure that foreign hostile actors could not get involved in public procurement. We have—as my right hon. Friend knows, because he gave us good advice—taken steps to make sure that we remove technologies that come from those hostile actors from sensitive sites. On the broader point he made at the end of his comments, that is beyond my pay grade, but I have no doubt that those above my pay grade have heard what he has said.

This is an excellent Bill. It is a tribute to the officials who have worked on it and to my predecessors who worked on it in the Cabinet Office. I therefore urge the House to reject the amendment made by the other House and support the Government’s motion.

Procurement Bill [Lords]

Debate between Alex Burghart and Iain Duncan Smith

Report stage
Tuesday 13th June 2023 Commons Chamber

[Alex Burghart]

I thank my right hon. Friend for the constructive conversations that we have had in getting ready for today’s debate. He is slightly pre-empting some remarks that I will come to later. I hope that he saw the announcement that the Government made the other day. It is in the nature of the work that we are doing that, first, we wish to remove devices and components that pose a security risk to sensitive sites—I will say more about the timescale for that later. Secondly, we intend through the use of the unit and the provisions in the Bill to prevent similar devices and components from entering our sites in future. It is a two-part process: first, get rid of what is already there and, secondly, prevent other such services from coming in in future.

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

The Minister has mentioned sensitive sites. I do not quite understand what that phrase means—I am hoping that we will get a proper explanation in due course—but what I would observe is that, as far as I can see, every single Government site is by nature and definition sensitive. The Department for Work and Pensions is very sensitive because any disruption of its payments would render the UK in a terrible state. Is it not the case that all Departments of central Government are by nature sensitive sites and, therefore, should take upon themselves the reality that they must all rid themselves of these things?

--- Later in debate ---

[Alex Burghart]

It is a pleasure to wrap up a very interesting Report stage on this landmark piece of post-Brexit legislation that will allow our country to rewrite its procurement rules for the first time in decades.

It is a pleasure to follow the hon. Member for Aberdeen North (Kirsty Blackman), who had interesting reflections on the Bill. One could be forgiven for being able to listen to her remarks and not understand that the SNP has absented Scotland from the legislation. That is a great shame, and I believe that deep down she recognises the potential of the legislation. As the years go by, and small and medium-sized enterprises, and other businesses and contracting authorities in England, Wales and Northern Ireland benefit from the new regime, we will take pleasure in reminding businesses and contracting authorities in Scotland that it was the SNP that chose to keep Scotland out of it.

I touched on new clause 1, tabled by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), in my opening remarks. I am grateful for his saying that he will not push the new clause to a vote today. In return, I am pleased to reaffirm what I said earlier: we are happy to talk to him and other colleagues who are concerned about the definition of “sensitive”, to ensure that it captures the issues about which he is concerned. We do not consider “sensitive” to attach itself just to sites of military significance or intelligence centres controlled by the agencies. It goes further, and we will take his points away regarding ministerial movements.

[Sir Iain Duncan Smith]

May I be clear? On the question I was asking, and have been asking, the Government have moved, particularly in reference to the national security laws of China, but my key point is that the Government should consider that all Departments fall into that category. There should not be any “B” definition. It would be far better if everybody were incorporated into that definition by the time the Bill got to the other place. Supplication would then have to be made for a variation or change, which the Cabinet Office will make a decision about. Start with the power; then let them come and ask for it to be changed. That is the way to do it.

[Alex Burghart]

I thank my right hon. Friend for his comments. He will have heard me say earlier that we understand his views that “sensitive” could incorporate a broader range of assets, where information gleaned on the movement of officials and politicians could be detrimental to our national security.

I reaffirm our commitment to make a statement in the House within six months of Royal Assent, setting out the timeline for the removal from sensitive sites of surveillance equipment supplied by companies subject to the national intelligence law of China. I state again my gratitude to my right hon. Friend for his important work in this area and for the constructive dialogue that we have had with colleagues on the matter.

Amendment 3, tabled by the hon. Member for St Helens South and Whiston (Ms Rimmer), introduces a new ground for the exclusion of suppliers involved in forced organ harvesting. The amendment replicates an amendment made to the Bill in the other House, and subsequently removed by Committee of this House. I reassure her that the Government are not turning a blind eye to the extraordinarily important subject that she raises and highlights consistently.

We are in full agreement that complicity in the abuses associated with the overseas organ trade must not be tolerated. The Government have taken action to address that issue on a number of fronts. The Health and Care Act 2022 prohibits commercial organ tourism. I know the hon. Lady was involved in discussions leading to those provisions being included in the Act. The Government continue to monitor and review evidence relating to reports of forced organ harvesting in China, and maintain a dialogue with leading NGOs and international partners on that very important issue. I reassure her that forced organ harvesting is already covered by the exclusion grounds for professional misconduct. These grounds cover serious breaches of all ethical and professional standards—whether mandatory or not—that apply to different industries and sectors. The mandatory grounds in relation to corporate manslaughter and human trafficking are also relevant in this context. We have sought to limit the grounds—particularly those which, like this one, require an assessment of factual circumstances by the contracting authority—to those where there is a major and particular risk to public procurement. We are not aware of any evidence that a supplier to the UK public sector has been involved in forced organ harvesting, but I want to reassure the hon. Lady that the Bill will be able to deal with this horrendous practice appropriately.