Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they plan to prevent companies who failed to provide useable stock during the COVID-19 pandemic from tendering for the contract to supply NHS face shield stock.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department is currently tendering for its pandemic preparedness portfolio and the procurement is being run against an existing NHS Supply Chain framework agreement.
The framework agreement only has suppliers on it which have been through a competitive tender and due diligence in line with both the legislation, at that time the Public Contract Regulations 2015, and which have been assessed against NHS Supply Chain’s minimum expectations, including sustainability, social value, and modern slavery.
NHS Supply Chain cannot discriminate against countries, except for Russia and Belarus, and this is in line with the Government’s National Procurement Policy Statement which specifically states that nothing in this statement should conflict with the Government’s international trade obligations.
In this tender, bidders were only permitted to tender products that were already awarded to the framework agreement. Furthermore, as part of the tender evaluation, for all products tendered, the technical product/conformity documentation was then reviewed again to ensure its validity, and a ‘hands on product assurance’ assessment requiring samples was undertaken.
Two suppliers on the existing NHS Supply Chain framework provided products under personal protective equipment (PPE) contracts to the Department in response to the COVID-19 pandemic in 2020, which the Department was dissatisfied with. However, these contract issues have now been resolved. The products supplied under the NHS Supply Chain framework are not the same as for the Department’s PPE contracts, and any issues with future performance will be managed through the contract management process and practice already in place with NHS Supply Chain.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they plan to take steps to prevent tenders from China for the NHS face shield stock currently out for tender.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department is currently tendering for its pandemic preparedness portfolio and the procurement is being run against an existing NHS Supply Chain framework agreement.
The framework agreement only has suppliers on it which have been through a competitive tender and due diligence in line with both the legislation, at that time the Public Contract Regulations 2015, and which have been assessed against NHS Supply Chain’s minimum expectations, including sustainability, social value, and modern slavery.
NHS Supply Chain cannot discriminate against countries, except for Russia and Belarus, and this is in line with the Government’s National Procurement Policy Statement which specifically states that nothing in this statement should conflict with the Government’s international trade obligations.
In this tender, bidders were only permitted to tender products that were already awarded to the framework agreement. Furthermore, as part of the tender evaluation, for all products tendered, the technical product/conformity documentation was then reviewed again to ensure its validity, and a ‘hands on product assurance’ assessment requiring samples was undertaken.
Two suppliers on the existing NHS Supply Chain framework provided products under personal protective equipment (PPE) contracts to the Department in response to the COVID-19 pandemic in 2020, which the Department was dissatisfied with. However, these contract issues have now been resolved. The products supplied under the NHS Supply Chain framework are not the same as for the Department’s PPE contracts, and any issues with future performance will be managed through the contract management process and practice already in place with NHS Supply Chain.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they plan to prioritise UK suppliers for the supply of NHS face shield stock currently out for tender.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Department is currently tendering for its pandemic preparedness portfolio and the procurement is being run against an existing NHS Supply Chain framework agreement.
The framework agreement only has suppliers on it which have been through a competitive tender and due diligence in line with both the legislation, at that time the Public Contract Regulations 2015, and which have been assessed against NHS Supply Chain’s minimum expectations, including sustainability, social value, and modern slavery.
NHS Supply Chain cannot discriminate against countries, except for Russia and Belarus, and this is in line with the Government’s National Procurement Policy Statement which specifically states that nothing in this statement should conflict with the Government’s international trade obligations.
In this tender, bidders were only permitted to tender products that were already awarded to the framework agreement. Furthermore, as part of the tender evaluation, for all products tendered, the technical product/conformity documentation was then reviewed again to ensure its validity, and a ‘hands on product assurance’ assessment requiring samples was undertaken.
Two suppliers on the existing NHS Supply Chain framework provided products under personal protective equipment (PPE) contracts to the Department in response to the COVID-19 pandemic in 2020, which the Department was dissatisfied with. However, these contract issues have now been resolved. The products supplied under the NHS Supply Chain framework are not the same as for the Department’s PPE contracts, and any issues with future performance will be managed through the contract management process and practice already in place with NHS Supply Chain.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to Written Answers by Baroness Merron on 4 November (HL1904 and HL1905), when they plan to publish the upcoming regulations under section 12ZC of the National Health Service Act 2006.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
A Written Ministerial Statement (WMS) was laid in both Houses of Parliament on 21 November to launch the consultation on the proposed modern slavery regulations for the National Health Service, and is available on the parliament.UK website, in an online only format. As stated in the WMS, the regulations and guidance have been published in draft form alongside the consultation and, subject to the outcome of the consultation, the Department intends to lay draft regulations before Parliament in due course.
The published guidance, which is available on the GOV.UK website in an online only format, refers to a risk assessment tool that NHS England is currently developing based on the six characteristics to help assess modern slavery risks, as set out in Public Procurement Policy Note 02/23 -Tackling Modern Slavery in Government Supply Chains, a copy of which is attached. These characteristics are: industry type; nature of the workforce; supplier location; context in which the supplier operates; commodity type; and business or supply chain model.
The Department would of course welcome ideas and suggestions on risk assessment tools and methodologies in responses to the consultation.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what plans they have, if any, to introduce forensic analysis to the NHS supply chain to identify whether cotton from China is in the supply chain.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
A Written Ministerial Statement (WMS) was laid in both Houses of Parliament on 21 November to launch the consultation on the proposed modern slavery regulations for the National Health Service, and is available on the parliament.UK website, in an online only format. As stated in the WMS, the regulations and guidance have been published in draft form alongside the consultation and, subject to the outcome of the consultation, the Department intends to lay draft regulations before Parliament in due course.
The published guidance, which is available on the GOV.UK website in an online only format, refers to a risk assessment tool that NHS England is currently developing based on the six characteristics to help assess modern slavery risks, as set out in Public Procurement Policy Note 02/23 -Tackling Modern Slavery in Government Supply Chains, a copy of which is attached. These characteristics are: industry type; nature of the workforce; supplier location; context in which the supplier operates; commodity type; and business or supply chain model.
The Department would of course welcome ideas and suggestions on risk assessment tools and methodologies in responses to the consultation.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether they have consulted companies engaged in forensic analysis of products to improve the NHS supply chain.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Section 47 of the Health and Social Care Act 2022 mandated my Rt Hon. Friend, the Secretary of State for Health and Social Care to conduct a review of risks associated with slavery and human trafficking in National Health Service supply chains, with an emphasis on cotton-based products. The report was laid in Parliament on 14 December 2023.
The supply chain mapping undertaken for the purpose of the review was identified as inappropriate for the size and range of the products supplied to the NHS, requiring extensive effort by the buyers and suppliers to collect information, that was still insufficient to affect change. Many of the suppliers identified as having high risk supply chains are based in the United Kingdom, however their supply chains are global.
In response to the findings, the review made a series of recommendations, outlined in detail in the publication. Upcoming regulations under Section 12ZC of the NHS Act 2006 will further aid the NHS in assessing and mitigating modern slavery risks in individual procurements, alongside the introduction of a consistent risk assessment embedded into the health family’s e-commerce system, Atamis.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government when they expect the National Food Crime Unit of the Food Standards Agency to obtain the full powers to operate as set out in the Police, Crime, Sentencing and Courts Act 2022.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Food Standards Agency’s (FSA) National Food Crime Unit works to prevent, detect and investigate fraud within our food system. The Secretary of State for Health and Social Care has the power under the Police, Crime, Sentencing and Courts Act 2022 to grant food crime officers access to specific investigative powers under the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994.
The drafting of secondary legislation to grant these powers and to bring food crime officers under the necessary remit of the Independent Office for Police Conduct (IOPC) for complaint handling purposes is at an advanced stage and is currently undergoing final review by both IOPC and the FSA.
It is intended that a regime of scrutiny by His Majesty’s Inspectorate of Constabulary, Fire & Rescue Services (HMICFRS) will also be placed on a legislative footing. A recent FSA bid for primary legislation included a Private Member’s Bill within the handout list for the first session, though this was not taken forward. However, in October 2024, HMICFRS agreed to a voluntary inspection regime for the FSA’s use of investigatory powers whilst work progresses to secure primary legislation. The FSA is working with HMICFRS to put appropriate arrangements in place for the voluntary inspection regime and Home Office officials are updating their minister of this arrangement.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government, further to the Written Answer by Baroness Merron on 24 October (HL1589), what costs will fall on food premises in England if a requirement to display food hygiene rating certificates is introduced.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Mandatory display of ratings at premises in England would not impose additional burdens on businesses other than requiring them to display the rating stickers which are provided to them free of charge following food hygiene inspections. In its most recent assessment in 2022, the Food Standards Agency estimated a one-off cost of £3.5 million for the approximately 490,000 food businesses within scope of the scheme for familiarisation with the new requirements. This would equate to a one-off cost of £7 per business. There are no expected recurring costs.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what plans they have to bring the National Food Crime Unit of the Food Standards Agency within the remit of the Independent Office for Police Conduct and His Majesty’s Inspectorate of Constabulary and Fire and Rescue Services.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
The Food Standards Agency’s (FSA) National Food Crime Unit works to prevent, detect and investigate fraud within our food system. The Secretary of State for Health and Social Care has the power under the Police, Crime, Sentencing and Courts Act 2022 to grant food crime officers access to specific investigative powers under the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994.
The drafting of secondary legislation to grant these powers and to bring food crime officers under the necessary remit of the Independent Office for Police Conduct (IOPC) for complaint handling purposes is at an advanced stage and is currently undergoing final review by both IOPC and the FSA.
It is intended that a regime of scrutiny by His Majesty’s Inspectorate of Constabulary, Fire & Rescue Services (HMICFRS) will also be placed on a legislative footing. A recent FSA bid for primary legislation included a Private Member’s Bill within the handout list for the first session, though this was not taken forward. However, in October 2024, HMICFRS agreed to a voluntary inspection regime for the FSA’s use of investigatory powers whilst work progresses to secure primary legislation. The FSA is working with HMICFRS to put appropriate arrangements in place for the voluntary inspection regime and Home Office officials are updating their minister of this arrangement.
Asked by: Lord Rooker (Labour - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what procedures they apply to NHS product supply chains to identify if any products which contains cotton are grown in the Xinjiang area of China.
Answered by Baroness Merron - Parliamentary Under-Secretary (Department of Health and Social Care)
Section 47 of the Health and Social Care Act 2022 mandated my Rt Hon. Friend, the Secretary of State for Health and Social Care to conduct a review of the risks associated with slavery and human trafficking in National Health Service supply chains, with an emphasis on cotton-based products. The report was laid in parliament on 14 December 2023.
The report revealed that while many NHS tier one suppliers are United Kingdom-based, their supply chains often connect through multiple tiers to higher-risk countries, where many of the suppliers of cotton are based. Approximately 34% of high-risk suppliers were registered as based in China, where there is significant concern of forced labour, especially in Xinjiang's cotton production. Concern has also been raised about Pakistan's Sialkot region, a major source of surgical instruments where production is often subcontracted to the largely unregulated informal sector. Concerns also extend to cotton-producing nations like Uzbekistan and Turkmenistan, and to Malaysia and China for personal protective equipment manufacturing.
The supply chain mapping undertaken for the purpose of the review was identified as inappropriate for the size and range of products supplied to the NHS, requiring extensive effort by the buyer and suppliers to collect information that was still insufficient to affect change. Many of the suppliers identified as having high risk supply chains are UK based, however their supply chains are global.
In response to the findings the review makes a series of recommendations, outlined in detail in the publication. It advises a joint-department strategy for better risk assessment and mapping in NHS supply chains, urging ongoing emphasis on managing modern slavery risks, including updating procurement practices and standardising assessments integrated with e-commerce systems.
It recommends bolstering NHS staff's ability to tackle modern slavery, and improving supply chain mapping capability. Upcoming regulations under Section 12ZC of the NHS Act 2006 will further aid the NHS in assessing and mitigating modern slavery risks in individual procurements, alongside the introduction of a consistent risk assessment embedded into the health family’s e-commerce system.