Points of Order

Dawn Butler Excerpts

Wednesday 24th November 2021 Commons Chamber

[Dawn Butler (Brent Central) (Lab)]

On a point of order, Madam Deputy Speaker. I wonder whether you could help me to ensure the ministerial code is followed and the Minister corrects the record in the House.

On 17 November, the health Minister, the hon. Member for Chichester (Gillian Keegan), gave misleading information to MPs on the Government’s handling of contracts during the pandemic. The Minister said:

“The National Audit Office has reviewed the testing contract, and it has confirmed that all the proper contracting procedures were followed.”—[Official Report, 17 November 2021; Vol. 703, c. 596.]

That is not correct, and it is severely misleading.

The NAO issued a report on 18 November 2020 evaluating 20 contracts awarded during the early stages of the pandemic. This included multiple covid testing contracts. The NAO’s report concluded that

“we also found specific examples where there is insufficient documentation on key decisions, or how risks such as perceived or actual conflicts of interest have been identified or managed.”

It went on:

“In addition, a number of contracts were awarded retrospectively, or have not been published in a timely manner. This has diminished public transparency”.

A High Court judge found that the former Secretary of State for Health and Social Care, the right hon. Member for West Suffolk (Matt Hancock), acted unlawfully in failing to promptly release the details of Government agreements with private firms. The NAO noted that the Government created a VIP lane, where firms were 10 times more likely to be awarded a contract. It found:

“The sources of the referrals to the high-priority lane were not always recorded on the team’s case management system and we found a case where a supplier was added to the high-priority lane in error.”

The NAO reported:

“We found inadequate documentation in a number of cases on how the risks of procuring suppliers without competition had been mitigated.”

The NAO also stated that there were examples of work starting before contracts had been awarded. Given all that evidence from the NAO—

[Madam Deputy Speaker (Dame Eleanor Laing)]

Is the hon. Lady coming to an end, because this is a very long point of order?

[Dawn Butler]

I am really sorry, Madam Deputy Speaker, but there is so much evidence from the NAO that the Government have not followed procedure, it is vital the Minister come to the House and correct the record, because it is totally misleading, incorrect and wrong.

[Madam Deputy Speaker]

I thank the hon. Lady for her point of order, and I appreciate that she wanted to put it in great detail, although I discourage such long points of order. I also appreciate the point she wants to make and that she wants to draw her argument to the attention of the House and to those on the Government Benches, which is perfectly reasonable.

I have to say to the hon. Lady, however, that the content of what Ministers say here in the Chamber is not a matter for the Chair. It may be—it may be; it is not for me to judge—that the Minister considers what she said correct, but that the hon. Lady considers what the Minister said not correct. The hon. Lady has produced evidence from very worthy and dependable bodies challenging what the Minister has said, but that is not a point of order for the Chair; it is a matter for the continuation of the debate. However, the hon. Lady has every right to bring her points to the Chamber. I encourage her to speak to the Clerks and the Table Office, and to consider ways in which she can reopen this very important subject.

[Dawn Butler]

Further to that point of order, Madam Deputy Speaker.

[Madam Deputy Speaker]

Further to that point of order? I doubt it.

[Dawn Butler]

I wonder how we are supposed to operate in Parliament if Ministers do not come to the House and tell the truth.

[Madam Deputy Speaker]

Ah. Now, now, now. We must be very careful here. I am sure the hon. Lady does not want to rise in her place and say that a Minister, whom she has identified, has not told the truth. Will she assure me that that is not what she is saying?

[Dawn Butler]

The Minister is re-writing history and I think we have a problem with that. [Interruption.]

[Madam Deputy Speaker]

I will accept that. The Minister re-writing history is a matter—[Interruption.] No, I do not need any advice from the Treasury Bench right now, thank you. The hon. Lady is alleging that the Minister is re-writing history. She may make that allegation. I was not happy with her saying that an untruth had been told and I am grateful to her for changing the way in which she has made her point. I am very grateful to her. We must keep moderation here in the Chamber.

I say again to the hon. Lady that what she clearly wishes to do, and it would seem on perfectly reasonable grounds, is reopen the debate. There are various ways in which she can do that. The Clerks and the Speaker’s Office will help her to do so, because it is important that Ministers are held to account, and that if the hon. Lady believes the facts laid before the House by a Minister are not correct, they be corrected at the earliest possible opportunity. The Minister’s colleagues will have heard what I have said and what the hon. Lady has said, and I hope that that will be acted upon. If the hon. Lady needs further advice on how to bring this matter forward, I am more than happy to help her in private.