Public Contracts: Conflicts of Interest

Lord Foulkes of Cumnock Excerpts

Thursday 17th November 2016 Lords Chamber

[Baroness Chisholm of Owlpen]

I do not think that I can go further than what I said about the Data Protection Act. As far as public appointments are concerned, we need to remember that there is a Commissioner for Public Appointments. Appointments come under the remit of that commissioner and they are made using the process from the commissioner’s Code of Practice for Ministerial Appointments to Public Bodies. This is a strong code of practice and it is backed up by the regulations under the Act—the Public Contracts Regulations 2015—which set out the requirement to take,

“appropriate measures to effectively prevent, identify and remedy conflicts of interest arising in the conduct of procurement procedures so as to avoid any distortion of competition and to ensure equal treatment of all economic operators”.

[Lord Foulkes of Cumnock (Lab)]

My Lords, is the Minister aware that, when I raised the issue of a potential conflict of interest of an education Minister also being a director of an academy trust, I was told that that was allowed under the Ministerial Code? Does that not indicate that the Ministerial Code needs revision?

[Baroness Chisholm of Owlpen]

As long as the Ministerial Code is closely adhered to, along with the regulations, everything should be in order as far as appointments are concerned.