Procurement Bill [Lords]

Anthony Mangnall Excerpts

2nd reading
Monday 9th January 2023 Commons Chamber

[Angela Rayner]

I thank the Minister for that contribution, but he should put it in the Bill. He should work with us to ensure that we build in Britain and support British industry and the steel industry. We discussed earlier today the difficulties that UK industries face, and I believe this Bill does not go far enough to support our industries. I want to see that support and I will happily work with the Minister on that.

The Minister has also pledged to use this Bill to make procurement quicker, simpler and more transparent. We need look no further than the pandemic for the clearest example of why we desperately need a more agile and transparent procurement system. The Tory VIP lane exposed the true weakness in the system, enabling the shameful waste of taxpayers’ money and profiteering by unfit and unqualified providers.

As a result, the Government have written off £10 billion of public funds spent on unusable, overpriced and undelivered personal protective equipment. More than £700,000 a day of taxpayers’ cash is currently being used to store unused gloves, goggles and gowns—enough to pay for 75,000 spaces in after-school clubs or 19,000 places in full-time nursery care.

I am still waiting to see whether the Government will respond to our Humble Address and come clean about the murky case of PPE Medpro, which saw £203 million handed to a company with links to a Tory politician. Will the Minister use this opportunity to confirm whether his Government are still procuring PPE or other goods using the emergency rules enacted during the pandemic?

There is no doubt the pandemic presented a unique situation, placing huge strains on our procurement processes but, while all countries faced similar pressures and shortages, many countries conducted their emergency procurement in a far more open, effective and cost-efficient manner. The Government must learn the lessons of those mistakes, and what better opportunity than within this Procurement Bill?

I wait with anticipation to see how the Government might go about shutting down the VIP lanes, tightening the leash on Ministers’ freedom to award contracts directly and hard-wiring transparency into the system. Instead of straining every sinew to root out waste and cronyism, the Minister is pushing a Procurement Bill that would allow the same mess to happen all over again—handing more power over direct awards to Ministers, not less. I am sure the Tory party’s cronies watching these proceedings will be rubbing their hands with glee at a Bill that puts their VIP fast lane on to the British statute book. I am also sure that former Ministers from previous Conservative Governments, who grasped the opportunity to do the right thing and clean up politics after years of sleaze, will be disappointed by this Bill.

[Anthony Mangnall (Totnes) (Con)]

The right hon. Lady is making a point of saying that we are putting in a VIP lane. Where in the Bill does it say that? In fact, it does not. The Bill puts more oversight on the procurement rules to stop anything like what we have seen in the past ever happening again. If she could just point me to the clause, I would be very grateful.

[Angela Rayner]

Yes. Clause 41 allows Ministers to use urgency as a new justification for granting direct awards—directly allowing the VIP lane yet again. I ask the hon. Gentleman to look at the Bill and at exactly what that would mean for the future of our procurement. I am sure Government Members, including Ministers, will be disgusted at the billions of pounds that we have seen wasted through that process. I am willing to work with the Government to identify and close those loopholes.

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[Angela Rayner]

As I said to the Minister earlier, Wales and other countries had emergency powers to do things. It is our situation here that has seen the cronyism and the VIP lane in particular allowing the mates of Tories to get contracts without oversight. I do not believe that we need a system that allows billions of pounds of taxpayers’ money to be awarded to friends of the Conservative party. At the time, many businesses in the UK that had experience of working in that field were shunted out for people who had absolutely zero experience but who—guess what—knew the WhatsApp of a Tory Minister. That is completely unacceptable and the Bill does nothing to prevent it.

[Anthony Mangnall]

The right hon. Lady has taken one point and cherry-picked to emphasise it without looking at the rest of the Bill’s contents. That is why there is a transparency notice and procurement oversight of how we issue it. We are not giving anyone an advantage in our procurement opportunities; we are making sure that there is transparency and that mechanisms are there to hold people to account. Does she not see that?

[Angela Rayner]

I will come to chapter 3, which addresses transparency—although, again, I think it is unambitious. Look at what Ukraine does in terms of transparency; it is streets ahead. These are baby steps and are nowhere near enough. The hon. Member needs to look at the situation and at the Bill. It is not ambitious enough for the UK and does not prevent situations in which billions of pounds of taxpayers’ money is wasted, as we have seen under this Conservative Government. The only fast-track lane that Labour would allow would be one for local businesses and enterprises that create wealth in our communities and contribute to a fairer society. The VIP lanes under a Labour Government would be for local businesses bringing innovation and wealth to their neighbourhoods, so social value would be a mandatory part of procurement. I hope that the Minister will look at that.

The Bill also misses a crucial opportunity to introduce real and workable non-performance claw-back clauses to contract design. There are ways of baking such clauses into contracts so that failing providers must return taxpayers’ money above a certain threshold. The current system just is not working; eye-watering waste continues without consequence. Being granted taxpayers’ money is a privilege. When suppliers do not deliver—just as we saw with PPE Medpro—we want our money back, but under the current proposals there is no way of even checking a provider’s past performance. Again and again, local authorities fall foul of the same failed providers as their neighbours.

Can the Minister explain why he is not using the Bill to make past performance a central pillar of our procurement? When I go to a restaurant, I can see past customers’ reviews of the food. Should the same not apply to multimillion-pound Government contracts? The Green Paper mentioned a procurement unit, but that has since been removed and replaced with a vague concept of “procurement investigations”. That toothless proposal will do nothing to crack down on waste or protect taxpayers’ money. By contrast, Labour’s office for value for money, which would be advised by a social value council, would have real teeth to ensure that taxpayers’ money is spent responsibly with regular checks. I hope that the Minister will work with me to strengthen that aspect of the Bill.

I have mentioned chapter 3 of the Bill, which I think is another sticking-plaster solution that misses the opportunity to create real transparency in public procurement. Although I welcome the limited measures the Bill takes to move towards transparency—by obligating authorities to issue a transparency notice before awarding a contract, for example, which the Minister mentioned—those are baby steps that barely scratch the surface of what is required. We must see end-to-end transparency, which means the creation of a public dashboard for Government contracts.

Clause 95 gives an unnamed authority the power to make rules about what procurement information can be shared and through which channels. That is symbolic of the poverty of ambition on display from the Government. The Minister could have used this opportunity to announce a system inspired by Ukraine’s anti-corruption blueprint, a dashboard that guarantees transparency in how taxpayers’ money is spent and bakes trust and integrity into the system. Even under attack from Russia, Ukraine is honest about how it spends public money. What is this Government’s excuse?

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[Anthony Mangnall (Totnes) (Con)]

I congratulate the hon. Member for City of Chester (Samantha Dixon) on her fantastic maiden speech. I wish I could have delivered mine with the same level of confidence. She gave us a rapid tour through the history of her city and expressed her desire for it to be a hotspot for tourists from across the country; she will certainly find many colleagues across the House to support her in that endeavour. I wish her luck in this place.

It is an absolute pleasure to follow my friend the hon. Member for Birkenhead (Mick Whitley), a fellow member of the International Trade Committee. I would like to make a few remarks about trade and ask for some clarity. I agree with him about the necessity of harnessing the power of public procurement and using it to the advantage of businesses of all sizes across the country. I might also point out that it has huge value in the free trade agreements that this country is signing. Global Britain is about signing new trade agreements. The Trade (Australia and New Zealand) Bill, which is working its way through the other place, deals with the very issue of procurement. It offers new opportunities not only for other countries to bid into our system, where we wish them to do so, but for our own businesses, large and small, to bid into procurement programmes around the world. Importantly, the more practised they are with our systems, the more accustomed they will be to foreign programmes and procurement processes.

A lot of Opposition Members have made comments about national security and asked why bigger companies are not doing more in the UK to build our defence systems. Helpfully, I hope, I might just point out that if we include SMEs—there is a very large contingent of small and medium-sized enterprises in the defence sector, and the Bill is about helping SMEs—we are thereby helping small businesses in the defence sector to build the systems that we need in this country to keep us safe and protected.

It is essential to be aware that the Bill, in its entirety, also creates a platform to exclude businesses that have previously performed badly. It gives authorities the opportunity, when looking at future contracts, to say, “These businesses have not performed—we are therefore able to exclude them.”

Much has been made of the social value point, and I think we have to be careful in this regard. If we are too precise, we will block out businesses; we will encourage bigger businesses that can throw more money at the issue, and exclude the very small businesses that we want to be able to help through the Bill.

I welcome the Bill because it is trying to achieve something that needs to be achieved: reducing bureaucracy. It seeks to repeal the Utilities Contracts Regulations 2016, the Public Contracts Regulations 2015, the Concession Contracts Regulations 2016, and the Defence and Security Public Contracts Regulations 2011. It is truly a wonderful day when we see a Government actually taking away pieces of legislation and trying to introduce new, streamlined laws that will help small businesses. Indeed, the Government are going even further: 350 individual regulations from EU directives are to be repealed. The Bill will make it simpler and easier for businesses of all sizes throughout the United Kingdom to bid in through a single, uniform framework for public procurement. That is its core and essence.

However, I have a few questions for the Minister. Are we making the public bidding process understandable to small and medium-sized businesses while also protecting the taxpayer, and will we be providing the national and local services that will ensure that procurement projects and processes are delivered? With that in mind, may I ask—in the context of clause 27 and the other clauses relating to exclusions, including clause 29, which concerns national security—what impact the Modern Slavery Act 2015 would have on the Bill, in respect of clause 65? Would Huawei, which has already been mentioned, be placed immediately on the debarment list? My hon. Friend the Member for Rutland and Melton (Alicia Kearns) referred to Hikvision. Would it be on the list as well, given the evidence that has been presented across the western world about its engagement in relation to the Uyghurs? What is the timeline for the exclusion of businesses that are put on the debarment list?

I would also like some clarification on clause 63. We talk about the speed of appeal and how we might put a business on the debarment list, but what happens if there is an ongoing investigation of a business while a local authority tender is out there, and the local authority decides to choose a business that is under investigation by the Government, by a Minister or by an authority, and has yet to preside over that issue? Would the local authority be made aware of the ongoing investigation, and would there be an impact on the tendering process if the business could not be given access to what was going on?

I think that clarification of those issues would provide a small amount of extra reassurance. Introducing a centralised system of information about businesses that have performed well, making local and other authorities aware that businesses have been debarred, is clearly sensible, but what provisions are there to prevent companies from renaming themselves and coming back for a second bite at the cherry, perhaps with a different local authority or a different individual at the head of the company? That is another small point that I think requires clarification.

I have already mentioned our signing of the landmark Australia and New Zealand trade deals, which open new markets for businesses around the world. Following the point made by my hon. Friend the Member for Isle of Wight (Bob Seely) about China, may I ask whether any consideration has been given to excluding non-signatories to the World Trade Organisation’s agreement on Government procurement? Given that that may shake the Government a little and cause them a bit of fear because it may exclude some more friendly countries—other than China—perhaps we should consider excluding countries that have not signed the agreement, perhaps those with whom we have not signed free trade agreements. That would allow us a way through without our offending any countries with which we have signed, or wish to sign, free trade agreements.

The Bill presents us with a huge opportunity to sign new trade deals and use them to advance British businesses at home and abroad, but also to consider how we can get locally produced food into our schools and hospitals, and how we can provide smaller, tailored contracts to help people boost their businesses and ensure that there is value for money. I welcome the centralisation, I welcome the structure, I welcome the repeals, I welcome the opportunity for SMEs, and I welcome the transparency that the Bill provides. If we can get this right, we can cut the Gordian knot that has been procurement in this country and, once and for all, create a streamlined system that will deliver value for money and opportunity for businesses of all sizes.

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[Florence Eshalomi (Vauxhall) (Lab/Co-op)]

It is a pleasure to be closing this debate on behalf of the Opposition. I thank right hon and hon. Members for their contributions this evening. My hon. Friend the Member for Blaenau Gwent (Nick Smith) highlighted the serious lack of transparency within our system, which led to huge waste during the pandemic, with millions handed out to many personal protective equipment companies. It was great to welcome my newly elected hon. Friend the Member for City of Chester (Samantha Dixon), who painted such a beautiful picture of her city that I am keen to visit it. She also highlighted the real benefits of social value and why it is a missed opportunity for this Government. My hon. Friend the Member for Birkenhead (Mick Whitley) also mentioned the support for social value.

As many Members have mentioned this evening, procurement is such an exciting and interesting topic! Let me be honest: if I went back and told that girl from Brixton that one day she would be closing a debate for the Opposition on this subject, she would probably have said, “What the hell is procurement?”

Having come to this place via local government and the London Assembly, I know how important procurement is to our communities. I know how local businesses, which are rooted in our communities, feel when they are sidelined for public contracts that they are more than capable of delivering. I know how important it is to make sure that we get value for every single penny of public money, and to make sure that we get the right framework for procurement to deliver the best services for our country.

Procurement accounts for a third of all public spending and most people involved with the sector will recognise the need for a simplified regime to replace the current daunting list of former EU regulations when approaching a contract. I want to work constructively with the Minister to make the new regime deliver for the British people as best it can, but unless the Government make the crucial amendments to the Bill that can deliver the value for money that our country deserves, it will be a missed opportunity. The Bill is also a missed opportunity to restore trust in our procurement process. We must recognise that trust in the procurement system has sadly been damaged by the mess of the personal protective equipment contracts on the Government’s watch.

I know the Government are keen to get maths on the agenda, so perhaps the Minister will not mind me doing a bit of “quick maths”— in the words of Big Shaq—in the House today. What do we get if we add a lack of due diligence over billions of pounds-worth of PPE, plus £18 million recouped from potentially fraudulent PPE contracts, plus an unfair VIP lane, giving access to lucrative contracts to those with connections to the Government? Let me tell the Minister: he will get £10 billion of PPE written off, with the public picking up a bill of more than £777,000 a day for PPE stored in China. As my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) said, that could cover 75,000 spaces in after-school clubs desperately needed by parents up and down the country. The Government do not need a report card to know that they have got an F in delivering value for money for the taxpayer.

No one is denying that covid caused incredible stresses in our procurement processes, but we on the Labour Benches were expecting the Government to learn the lessons from the PPE scandal. We expected the Bill to offer a system that gives the public confidence that it is fair and transparent, but what we have is a direct contract scheme that hands more, not fewer, powers to Ministers. It would give them a free rein to bypass crucial elements of whatever scrutiny they felt was needed. If the Minister wants an example of why scrutiny is important, I invite him to look at the Public Accounts Committee’s damning report on the awarding of contracts to Randox Laboratories. As the hon. Member for Richmond Park (Sarah Olney) said, there were a number of failings that cannot be excused. The report found that

“basic civil service practices to document contract decision making were not followed.”

It also said:

“The role of the Department’s ministers in approving the contract was also confused and unclear.”

It gets worse. Despite struggling to deliver on its first contract, the company was then awarded another contract extension worth £328 million, just seven months later. In this time, Randox saw a four-hundredfold increase in its profits in the year to June 2021. That is disgraceful.

[Anthony Mangnall]

Does the hon. Lady not take confidence from the platform the Bill creates whereby a business or organisation that has performed badly will not be able to bid into a contract? The whole point of the transparency measures is to stop that from happening. We have addressed those concerns and placed them in the very Bill that we are debating this evening.

[Florence Eshalomi]

I thank the hon. Gentleman for that point. What we in the Opposition are trying to say is that the transparency clauses the Government are talking about do not go far enough. We have a system that does not claw back the money that is wasted; at a time when we are telling members of the public to look at the cost of living, we are seeing money wasted and not clawed back.

Public transparency is not just a nice thing to say, but a vital tool to ensure that every single penny of public money is spent efficiently. I welcome some of the moves towards transparency in this Bill, but we can and must go further. We must look at Ukraine, which has created a transparency system that is open to the public and inspires trust. The Ukrainians have managed to do that while under attack by Russia. If they can do it, so can we.

Labour would follow in Ukraine’s footsteps and publish an accessible dashboard of Government contracts that is available to anyone as part of our public works pledge. We say that not only because transparency inspires public trust, but because it helps us to track the value created by public procurement in the UK. That matters, because value for public money and spending is ultimately about value to our communities. It is about creating well-paid jobs, ensuring environmental standards are fit for the next generation and preventing a race to the bottom on workers’ rights.

To that end, this Bill is a perfect chance to guarantee a strong commitment to social value and legislation. While I welcome some of the significant progress made on social value in the Lords with the national procurement policy statement, the Bill sadly does little to further the promise of social value or to build on the promise of the Public Services (Social Value) Act 2012.

Labour would go further. Our public works pledge would make social value mandatory in public contract design, but that is not all we would do. We would get tough on suppliers who fail to deliver for the taxpayer. We would guarantee transparency on how taxpayers’ money is spent. We would cut the red tape to give our SMEs a fair chance at winning contracts. We would oversee the biggest wave of insourcing in a generation to deliver public services that we can all be proud of.

The Bill is large and technical and there are many things I look forward to working constructively on with the Minister during line-by-line scrutiny. In that spirit, I end my remarks by praising the progress made on the Bill in the other place. Important amendments on the national procurement policy statement and protecting human rights are now included in the Bill as a result. I close by urging the Minister to commit today that the Government will not roll back on those key victories—that is vital. I hope he will work with me to ensure that our procurement system delivers for people up and down this country.

Procurement Bill [Lords]

Anthony Mangnall Excerpts

Report stage
Tuesday 13th June 2023 Commons Chamber

[Alex Burghart]

My hon. Friend will know that I am not in a position to comment on matters of national security, but he will have heard me say in answer to my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) that we understand the view that the definition in the Bill could incorporate a broader range of assets, where information is gleaned on the movement of officials and politicians that could be detrimental to national security.

Amendment 34 will commit a Minister of the Crown to keep suppliers under review for potential investigation for debarment on national security grounds. We recognise that proactive consideration of suppliers will be highly advantageous in minimising the risk of suppliers who pose a threat to our national security being awarded public contracts. The amendment will therefore commit Ministers to proactively consider a new debarment investigation where there is evidence of risk, so that the Government can act effectively and on time.

I am also pleased to announce that the Government will be creating a new specialist unit with dedicated resources within the Cabinet Office to take on and manage this new approach. That new national security unit for procurement will regularly monitor Government supply chains and review pertinent information to determine which suppliers should be investigated for debarment on national security grounds. The unit will be able to draw on the full range of expertise within government and access the latest intelligence, including that from Five Eyes partners. It will be able to respond swiftly to emerging threats. The unit will also carry out investigations of suppliers for potential debarment, which will be overseen by a committee. Following the outcome of an investigation, the committee will make recommendations to the Minister as to whether the supplier should be added to the debarment list. The final decision will be made by the Minister.

[Anthony Mangnall (Totnes) (Con)]

The Minister is making an excellent speech and I agree with the broad thrust of everything he is saying, but in terms of the practical application—how we debar businesses and organisations bidding in through a procurement process—can he just tell us how long an investigation would take? I realise it would be a case-by-case process, but if a procurement tender is put out, and a business or entity bids into it, how long would it expect that investigation to go on before that business or entity is debarred or not?

[Alex Burghart]

My hon. Friend will know that is a length of a piece of string question. In setting up the unit and providing it with resource, we are mindful of the need for it to be able to respond swiftly to emerging threats and to new entities. The unit will not serve its purpose if investigations go on too long. I cannot give him any guarantees on maximum length of time for investigation, but I can assure him that those concerns are very much in our thoughts as we go about establishing this new way of working.

The new unit will also have a role in supporting and upskilling contracting authorities. By directly engaging with them and providing guidance, the unit will help contracting authorities confidently implement the national security exclusion and debarment regime correctly, maximising its effectiveness.

Amendments 26, 27, 29, 30, 31, 33, 35, 38, 53, 54 and 55 are minor and technical amendments to ensure that the exclusions and debarment regimes can function effectively.

I take this opportunity to thank all colleagues who have engaged with us on this, including my hon. Friend the Member for Rutland and Melton (Alicia Kearns), who is not in her place today. She has been instrumental in helping us to formulate these ideas in regard to national security and in particular our commitment to the national security unit for procurement.

The Government are taking national security extremely seriously, as the Bill and the amendments just mentioned make clear. Concerns have been expressed in the House regarding the use of surveillance equipment provided by entities subject to the national intelligence law of the People’s Republic of China, the risks of which we fully understand. I take this opportunity to remind the House that, in November, the Government published a written ministerial statement asking Departments to consider the removal of visual surveillance equipment from Government sensitive sites and to cease any future procurement of such equipment.

Today, we are going further. I commit to this House that, within six months of the Bill’s Royal Assent, the Government will set out the timeline for the removal of surveillance equipment supplied by companies subject to the national intelligence law of China from sensitive sites. I make it clear that we are taking firm and decisive action on this important matter and that we will be held to account for that action. That is why we will provide a clear plan for delivering on it, adhering to the timeline requested by my right hon. Friend the Member for Chingford and Woodford Green. I hope that addresses his and other Members’ wishes that the Government take appropriate action.

If I may, I will address two final points. First, I thank each of the devolved Administrations for their constructive engagement during the drafting and passage of the Bill. I am pleased that the Senedd and the Scottish Parliament have agreed to the procurement aspects of the Bill, which are the vast majority of the clauses. However, despite our best efforts and several amendments, we have been unable to secure full legislative consent motions for the concurrent powers in the Bill relating to the implementation of international obligations. That is disappointing, but not unexpected, given that it is consistent with the position taken by the Scottish and Welsh Governments on the recent Trade (Australia and New Zealand) Act 2023.

I reassure the House that, as with current practice, we will continue to engage and consult with the devolved Administrations if they choose not to legislate for themselves in implementing the UK’s international obligations, in so far as they relate to areas of devolved competence. In the absence of a Northern Ireland Executive, a legislative consent motion for Northern Ireland was not possible. However, the permanent secretary for the Northern Ireland Department of Finance has written to the permanent secretary of the Cabinet Office to welcome the Bill as drafted and the close working relationship that has developed between officials.

Secondly, I take the opportunity to clarify the rules for private utilities where they have been directly awarded rights, for example, through a directly awarded contract at the request of the Department for Transport. Private utilities are within the scope of the Bill only where they have been granted a special or exclusive right to carry out a utility activity, effectively creating a monopoly situation. Clause 6(4) clarifies that the right is not special or exclusive where the right is granted following a competitive tendering procedure under the Bill or otherwise on the basis of a transparent procedure and non-discriminatory criteria. That has the effect, for example, that, if a contract for a utility activity with an incumbent supplier is renewed or replaced without competition, the supplier will have been granted a special or exclusive right. The supplier would therefore be classed as a private utility under the Bill. An example would be where an incumbent train operating company awarded a contract following competition has been directly awarded a new contract under DFT legislation.