Advanced Research and Invention Agency Bill (Fifth sitting)

Dawn Butler Excerpts

Thursday 22nd April 2021 Public Bill Committees

[Chi Onwurah]

I beg to move amendment 21, in schedule 3, page 13, line 37, leave out paragraph 11.

This amendment would remove ARIA’s exemption from the Public Contracts Regulations 2015.

Amendment 21, which stands in my name and those of my hon. Friends, is a key amendment that will ensure that ARIA merits and deserves the confidence of the public at this time of great debate about sleaze and cronyism. The amendment would remove ARIA’s exemption from the Public Contracts Regulations 2015. As drafted, paragraph 11 of schedule 3 excludes ARIA from the definition of a “contracting authority” under the 2015 regulations; as a consequence, ARIA is exempted from the usual public procurement rules. The Opposition do not understand why ARIA’s exemption from those rules is justified. Indeed, we are truly concerned that exempting it in this way opens a side door to sleaze in science.

[Dawn Butler (Brent Central) (Lab)]

My hon. Friend is absolutely correct in her presentation: we fail to understand why ARIA is exempt from the Public Contracts Regulations 2015. The Government are embroiled in the PPE and VIP lane scandals. It has been exposed that companies were put into the VIP lane by mistake—for example, PestFix was awarded £32 million. For ARIA to be exempted from any regulation risks this exploding to a larger extent with £800 million of public funds.

[Chi Onwurah]

I thank my hon. Friend for her intervention, and she is absolutely right. It would be a cause for concern at any time to exempt an agency of this importance and public funding from procurement rules, but it is particularly worrying when the Government are already embroiled in a cronyism and procurement scandal.

In support of the point that my hon. Friend made, Transparency International—a well-known and reputable organisation—found that, of 1,000 procurement contracts signed during the pandemic and totalling £18 billion of public money, one in five had one or more of the red flags commonly associated with corruption. Is that not a figure of which we should be absolutely ashamed? That has happened within the existing rules, and the Minister proposes to exempt ARIA from those rules.

In her letter to the Chair of the Science and Technology Committee on 2 March 2021, the Minister explained that the Bill will

“provide ARIA with an exemption from Public Contracts Regulations so that it can procure services, equipment and works relating to its research goals at speed, in a similar way to a private sector organisation.”

We have several concerns about that explanation. What assessment has the Minister made of the ways in which private sector organisations procure services? Has she compared this with the success or otherwise of Government procurement processes for PPE during the covid crisis? Is she saying that private sector procurement is more effective, more honest and fairer; or is it simply quicker?

What the exemption is for is also a concern. The Minister implies that it is for services, equipment and works relating to ARIA’s research goals. Is it for equipment, services and works, or is it actually for research? Will ARIA be considered to be procuring research? We had been led to understand that it would a funder of research and development, not a body conducting its own research in a lab, so what actual procurement needs will it have, beyond office space and office equipment? There are months and months before ARIA is operational, so what will it need to procure at speed, or is the intention to enable ARIA to procure research without oversight? What is the justification for not having appropriate oversight for its procurement of research?

We absolutely understand, and support, providing ARIA with additional flexibility in terms of its funding activity, but the benefit of exempting ARIA’s procurement of goods and services is not clear. We suggest that ARIA’s procurement needs are not different from those of other Government funding bodies. We hope that the Minister will explain why that is the case. In terms of safeguards, the Government are proposing that in a future framework agreement BEIS will require ARIA to appoint an independent internal auditor to report its procurement activities. It is therefore going to have an internal bureaucracy, as the Minister puts it, rather than be subject to the procurement rules that have been developed, debated and put in place over time.

Will that framework agreement set out procurement rules for ARIA? Otherwise, what is the auditing requiring compliance with? How can we audit if there are no rules to benchmark against? Without safeguards, we have significant concerns about the risk of sleaze. What is to prevent ARIA from buying its office equipment from a mate of the Secretary of State or of the chief executive? Can the Minister say which of the regulations she objects to? The Public Contracts Regulations 2015, for example, state that a person awarded a public contract must

“be linked to the subject-matter of the contract.”

Does she object to that? What will prevent ARIA from operating effectively?

In the evidence sessions, we heard a number of times, including from Professor Glover, that there is a need for openness and transparency. David Cleevely said:

“The more open you are about what you are doing, the less easy it is to hide the fact that you have let particular contracts and so on, so there ought to be a mechanism within the governance structure of the agency to do that.”—[Official Report, Advanced Research and Invention Public Bill Committee, 14 April 2021; c. 75, Q78.]

The Minister is removing such mechanisms as there already are. We heard that having rules and regulations in place was part of the culture of DARPA, on which this agency is supposedly based, with one of its directors, Dr Highnam, saying:

“Honour in public service is top of the list.”—[Official Report, Advanced Research and Invention Public Bill Committee, 14 April 2021; c. 39, Q32.]