Local Government: Ethical Procurement

Mark Durkan Excerpts

Tuesday 15th March 2016 Westminster Hall

[Jonathan Ashworth]

The hon. Gentleman makes his usual witty sedentary contribution, but let us get back to the substance of the issue.

As my hon. Friend the Member for Hammersmith (Andy Slaughter) said, there has been a conflation in what the Government are hinting at about our relations with Israel. They seem to be suggesting that we need to clarify the rules on procurement because, according to them as far as we can tell, the procurement rules are not clear and we need better guidance on whether local authorities are allowed to procure and not be in contravention of the various World Trade Organisation rules. Is it the view of the Cabinet Office that the guidelines were vague and that proceedings were taken to the WTO about local authorities making decisions in contravention of those guidelines? How many proceedings have been taken?

The reality is that this is more about politics. When the Minister for the Cabinet Office and Paymaster General announced the policy at the Conservative party conference, he said that it would

“prevent…playground politics undermining our international security.”

Yet, as my hon. Friend the Member for Birmingham, Northfield highlighted, in the briefings, the editors’ notes and the suggestions to the newspapers, and so on, councils such as Leicester City Council and Tower Hamlets Borough Council were being highlighted. Those councils were not making decisions about Israel as a nation; they were responding to the illegal settlements in the occupied west bank. It was not about the nation of Israel; it was about illegal settlements, which the Government recognise and accept are illegal settlements.

When the Paymaster General says that this is “playground politics” and that he is taking the decision in order not to undermine international security, why, as Members have said, does guidance on the FCO website talk of the risks of trade with the illegal settlements? The guidance discourages such trade, as the hon. Member for Edinburgh East said. What discussions has the Minister for the Cabinet Office had with the relevant Foreign Office Ministers on this matter? If he really believes that this is undermining international security, how does he sleep at night when he sees that guidance on the FCO’s website?

As the hon. Members for Falkirk (John Mc Nally) and for Edinburgh East, our colleagues from north of the border, told us, the Scottish Government, in procurement notices of last year, or two years ago,

“strongly discourages trade and investment from illegal settlements”.

Is the Minister for the Cabinet Office saying that the Scottish Government are undermining international security? Is that really the view of the Paymaster General? Is this not about democracy at local level, as various Opposition colleagues have said, including my hon. Friends the Members for Ellesmere Port and Neston (Justin Madders) and for Leeds East (Richard Burgon)? Is it not ironic that all this comes from the Government who talk of and celebrate localism and from a Prime Minister who told us:

“When one-size-fits-all solutions are dispensed from the centre, it’s not surprising they…fail local communities”?

In 2009, the Prime Minister told us that

“We’re going to trust local authorities”.

How are these decisions trusting of local authorities?

Is it not right that local councils should make such decisions and be accountable to the people who elect them? Leicester City Council, the area I represent, made its decisions in 2014—the Government always quote Leicester City Council in the newspapers—and the councillors who put those decisions to the council chamber stood for election in 2015. They were re-elected with people knowing about those decisions on trade with illegal settlements in the west bank, not trade with Israel. [Interruption.] The right hon. Member for Rutland and Melton (Sir Alan Duncan) knows Leicester well.

[Mark Durkan (Foyle) (SDLP)]

My hon. Friend is right; the issue is not just about the content and the context of the decision made by the Minister for the Cabinet Office. The Government seem to be saying that it is completely out of order for local government to have any regard to ethical or valid policy considerations when it comes to procurement or supply. Yet when we passed the Modern Slavery Bill in the last Parliament, this House improved the Bill and the Government, against their first position, accepted the need to include responsibility for supply chains and procurement in the Bill. How can we legislate for that in the private sector and then abolish it for local government?

[Jonathan Ashworth]

My hon. Friend makes a good point, and I look forward to the Minister’s response. I will speed up, because I know that people want to put points to the Minister and want him to answer. Will he tell us what “severe penalties” he has in mind for local authorities if they do not follow through on the regulations? Given the scepticism about what the regulations actually mean, will he answer my hon. Friend the Member for Sheffield South East (Mr Betts) and tell us whether the guidance actually changes the law in any way? Will he answer the six questions put to him by my hon. Friend the Member for Birmingham, Northfield?

Will the Minister confirm that the guidance is simply restating existing law that states that public bodies cannot refuse to award contracts to companies purely because of their nationality? Will he confirm whether the Government think it is still lawful for public bodies to refuse to award contracts to companies for reasons other than nationality, such as their human rights record, compliance with international law or connection with trade such as the arms trade or fossil fuels?

The Paymaster General talked about “playground politics.” Well, there are many in this House who take these issues extremely seriously and who have sincerely held views on both sides of the argument. When the Paymaster General talks about playground politics, perhaps he should look a little closer to home.