Covid Contracts: Judicial Review

Baroness Laing of Elderslie Excerpts

Wednesday 24th February 2021 Commons Chamber

[Matt Western (Warwick and Leamington) (Lab)]

As they say, if it smells of fish, it is fish, but in this case it is like Billingsgate market. When it comes to Government contracts, someone is 10 times more likely to get one if they have a Government contact. The protocols are clear, as the Supreme Court confirmed, and the Health Secretary acted unlawfully in not revealing the details of contracts with his pub landlord, a hedge fund in Mauritius or the jeweller in Florida, yet there was insufficient PPE available in our social care system. As the NAO said, it was 10% of what was required. For our frontline health workers, there was just not enough FFP3. The Minister says that trust is vital, but is it not the truth that Ministers’ mates and their suppliers in China have been favoured in supplying PPE over UK companies such as Tecman and Contechs in my constituency?

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. That was a very long speech. I do not want the hon. Gentleman to create a precedent.

[Edward Argar]

I am grateful to the hon. Gentleman for his initial analogy. He made a couple of points there. I believe—this is from memory, so forgive me if I am slightly out, and I will correct the record if I am—that around 90% of those bids that came through the high-priority lane were rejected. They were carefully assessed by civil servants against the eight stages of the procurement process set up to ensure that due diligence was followed.

The hon. Gentleman raised a very specific point, which I want to address, because he talked in his question not just about NHS trusts, but quite rightly about those working on the frontline in social care settings and the PPE they needed. He quotes accurately, if my recollection is correct, from the NAO report. One of the factors here was that traditionally, social care settings are private businesses in most cases and procured their PPE directly in private contracts with their suppliers. That is one of the reasons why, as I mentioned in my opening remarks, during the early phase of the pandemic we moved from supplying 226 trusts with PPE to making that service available to 58,000 or so settings to get PPE to social care. That was a reflection of the Government’s commitment and work to make sure that we could use centralised procurement and centralised supply to help support the social care sector get what it needed.

--- Later in debate ---

[Edward Argar]

I thank my hon. Friend. He is absolutely right. Getting PPE to the frontline, procuring what we needed and getting it delivered was the absolute priority. As I have expressed throughout my remarks, I recognise that transparency is hugely important, and we will supply the court with the further information it needs. As the judge said, we are now virtually in complete compliance, and we will continue to work hard to ensure we comply with the requirements under regulation 50 and the other requirements of the Public Contracts Regulations 2015.

[Madam Deputy Speaker (Dame Eleanor Laing)]

I will now briefly suspend for a few minutes in order that arrangements can be made for the next item of business.