Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2025

Baroness Anderson of Stoke-on-Trent Excerpts

Monday 8th December 2025 Grand Committee

Moved by

[Baroness Anderson of Stoke-on-Trent]

That the Grand Committee do consider the Procurement Act 2023 (Specified International Agreements and Saving Provision) (Amendment) Regulations 2025.

[Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)]

My Lords, the purpose of this statutory instrument is to implement the procurement chapter commitments of the UK-Iraq partnership and co-operation agreement and the UK-Kazakhstan strategic partnership and co-operation agreement. Both agreements are part of the UK’s ongoing continuity trade programme following our exit from the EU.

The UK’s trade continuity programme aimed to replicate existing EU trade agreements with partner countries after the UK left the EU. The goal was to ensure that businesses, consumers and investors maintained stability and access to benefits such as preferential tariffs. These are two of the last remaining trade agreements to be updated, and the SI before the Committee today implements the procurement chapters of those agreements.

The UK-Iraq PCA and UK-Kazakhstan SPCA establish frameworks to govern our trade and economic relationship with Iraq and Kazakhstan. The UK-Iraq PCA was signed during Prime Minister Sudani’s historic visit to the UK in January 2025 while the UK-Kazakhstan SPCA was signed in April 2024 by the previous Government. The procurement chapters of these agreements broadly replicate the standards and market access commitments of the original EU agreements. Some of the language has been tweaked, however, better to reflect the specific bilateral context between the UK and these two countries.

The key distinction between the Iraqi and Kazak agreements is that the procurement market access commitments in the UK-Kazakhstan SPCA can be considered to be broadly equivalent to that of the WTO government procurement agreement, to which Kazakhstan is currently in the process of acceding. However, the market access levels in the UK-Iraq PCA are lower than this as they include only access to central government entities.

As part of the process under the Constitutional Reform and Governance Act, to enable parliamentary scrutiny of treaties, both agreements were laid in Parliament on 9 July 2025. The agreements cleared the CRaG scrutiny process on 16 October, and this statutory instrument was subsequently laid on 21 October. The procurement chapters of these agreements can take effect only once the agreements have been implemented in domestic legislation. This statutory instrument will achieve this by updating Schedule 9 to the Procurement Act 2023 to implement in domestic law the UK’s procurement obligations under both agreements. By our adding these agreements to Schedule 9, suppliers entitled to benefit from them will be considered “treaty state suppliers” under Section 89 of this Act. This will provide them with UK public procurement access and rights equal to those afforded to UK suppliers. In turn, the agreements require Iraq and Kazakhstan to provide equivalent access to UK suppliers.

The Procurement Act 2023 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2024 are also being amended to ensure the UK’s obligations under both agreements apply in relation to contracts that can still be entered into under the previous procurement regime.

The territorial extent of this instrument is the United Kingdom. The territorial application of this instrument in relation to contracts under the Procurement Act 2023 extends to England and Northern Ireland. The same extends to Scotland, but not in respect of procurement carried out by a devolved Scottish authority. The same extends to Wales, but not in respect of procurement regulated by Welsh Ministers. The Welsh Government are therefore making a separate statutory instrument to implement these agreements in respect of procurements regulated by Welsh Ministers. The Scottish Government will be implementing these agreements separately under their own legislation in respect of procurement carried out by a devolved Scottish authority. Finally, the territorial application of this instrument in relation to contracts under the previous procurement regime extends to England and Wales and Northern Ireland.

I hope noble Lords will join me in approving this SI today, which helps to update and strengthen our relationship with both Iraq and Kazakhstan. I beg to move.

[Baroness Finn (Con)]

It looks as though it is the “Baroness Anderson and Baroness Finn show” again. I am grateful to the Minister for setting out the measures before us today. These regulations amend Schedule 9 to the Procurement Act 2023 to implement the procurement chapters in the new partnership and co-operation agreements with Kazakhstan and Iraq. By adding both agreements to Schedule 9, the instrument ensures that suppliers from those countries are treated as treaty state suppliers and that the United Kingdom can meet the procurement obligations we have entered into.

This is a pragmatic measure that helps maintain stability and consistency in the UK’s post-Brexit trading relationships. The agreement with Kazakhstan, as the Minister pointed out, was concluded under the previous Conservative Government and it is right that its implementation be now brought to completion.

The Minister said that the procurement provisions in these agreements broadly replicate arrangements that existed under the previous EU agreements. That continuity provides reassurance for contracting authorities and businesses operating across borders. Unsurprisingly, therefore, the instrument attracted no comment from the Secondary Legislation Scrutiny Committee and was not drawn to the attention of either House by the Joint Committee on Statutory Instruments.

While the regulations are narrow and technical, they reflect the wider importance of procurement arrangements for British businesses operating internationally and for the reciprocal access they secure overseas. On that principle, we are aligned with the Government. I would, however, be grateful if the Minister could provide three brief points of clarification. First, nothing in these regulations diminishes the need for contracting authorities to apply proper due diligence, national security checks or sanctions compliance. It would be helpful if the Minister could confirm that further guidance will be issued to ensure that contracting authorities understand the risk profile associated with new treaty state suppliers.

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Subject to these assurances, we are content to support the regulations before the House today.

[Baroness Anderson of Stoke-on-Trent (Lab)]

My Lords, I welcome you all to the “Baroness Finn and Baroness Anderson show”. I am delighted that you are here with me.

I thank the noble Baroness, Lady Finn, for the very pertinent points raised. I am waiting for a magic piece of paper, and if it does not arrive in the next 30 seconds, I will have to write to the noble Baroness. The one point I can respond to is on the divergence of and impact on the devolved Governments. As I made clear in my opening remarks, there are complicated elements that Wales and Scotland need to legislate for directly, but there should be no divergence from this legislation. On the timescale of those legislative actions, I will have to write to the noble Baroness—but there is at least one magic piece of paper coming my way. Scotland has already implemented the Kazakhstan agreement and will be doing the Iraq agreement early next year. Wales’s will be implemented directly after the UK; that will come into force the day after the SI gets Royal Assent.

I have been given another, absolutely magic piece of paper—anyone would think it was Christmas—and I can now answer on whether the Government intend any changes regarding evidence in regulations to be communicated to suppliers and potential suppliers based in the UK, and when the updated guidance will follow. The FCDO will issue public communications once both agreements are ratified, alongside any guidance for suppliers. Once the agreements are enforced, they will be available to view online in the treaty series of command papers available on GOV.UK. Interested persons can also apply for monthly updates on treaties by signing up to the FCDO’s UK treaty action bulletins, which I am sure, after listening to this speech, many colleagues will wish to do. On the other points, I will write to the noble Baroness.

The Government are committed to enhancing our bilateral relationships with Iraq and Kazakhstan so that they go beyond security to include strength and co-operation on trade and the economy. As I said earlier, the purpose of this SI is to implement the procurement chapter commitment of the UK/Iraq: Agreement on Partnership and Cooperation and the UK/Kazakhstan: Strategic Partnership and Cooperation Agreement. This will provide Iraqi and Kazakh businesses with access and rights to UK public procurement equal to that afforded to UK suppliers. In turn, the agreements require that Iraq and Kazakhstan provide equivalent access to UK suppliers. I am grateful for the support of the Opposition, and I beg to move.

Motion agreed.