Public Procurement Processes

Mick Whitley Excerpts

Wednesday 25th January 2023 Westminster Hall

[Mick Whitley (Birkenhead) (Lab)]

I beg to move,

That this House has considered reform of public procurement processes.

It is a great privilege to serve under your chairmanship, Ms McVey, and I am grateful to Members for participating in this important debate.

The House is considering the Procurement Bill, and I stress that I and my party fully appreciate the need for legislation on the issue. That is why Labour did not oppose the passage of the Government’s Bill on Second Reading. Indeed, I had entertained the hope that the sentiment expressed in the Green Paper that preceded the Bill that social value

“is critical to ensuring the social, economic and environmental benefits are delivered”

would find a place in the Bill itself.

I do not believe that addressing the needs of our communities across the country by embedding a requirement for a measure of social value to be integral to every contract awarded is either unreasonable or beyond our powers. After all, we are talking about public contracts that account for £1 in every £3 of taxpayers’ money spent, totalling £300 billion of public funds every year. That spending should bring direct benefits to the people of this country, not primarily to the corporations that win most contracts, and still less to those in tax havens who utilise loopholes in the law to siphon taxpayers’ money into offshore accounts. However, the Bill does not match the scale or scope of reform to public procurement procedures required to ensure that it addresses the needs of the British people following the UK’s exit from the EU. Nor does it provide guarantees that the danger of corruption will be permanently removed from the process of awarding contracts.

My objective in today’s debate is to highlight the Bill’s shortcomings and to propose ways in which we could achieve a change in legislation that resulted in a public procurement legislative framework that could radically improve our public services, boost our local economies and deliver real benefits and hope for the future to the people of so many of our left-behind towns, such as Birkenhead, the constituency I am privileged to represent. Moreover, through root-and-branch reform of the process, we could ensure that the strides we need to take towards our net zero target were quicker and longer.

Let me begin with an issue close to my heart. The Mersey ferries are an iconic and world-famous symbol of Merseyside. After years of transporting tourists and commuters alike across the river, they need renewing. The Mayor of the Liverpool city region, Steve Rotheram, won a grant for one to be replaced and the other refurbished. That is to be warmly welcomed, and I am as grateful as Steve was for the opportunity to retain and refresh such an important and historic transport system, but what happened next goes to the heart of the public procurement process. Unfortunately, it is not addressed by the Bill.

Birkenhead is a shipbuilding town and home to the world-famous Cammell Laird shipyard. In any rational world, it would make perfect sense to build and refurbish the ferries in the shipyard that sits on the river they will be sailing on. Sadly, neither the existing procurement rules nor those proposed in the Bill provide us with the means to ensure that such a rational decision is the one that gets made. The reason for that is simple: there is no provision for vital issues such as the impact on social value, the local economy and the supply chain to be taken into account in the awarding of contracts. Quite the reverse: under the Public Contracts Regulations 2015, the primary consideration in accepting a bid has to be

“getting the right supplier and best tender in accordance with sound commercial practice.”

That so-called sound commercial practice tied the hands of the Mayor of the Liverpool city region regarding the tendering process for the Mersey ferries. The Mayor, the trade unions, Cammell Laird and I, as the local MP, worked hard to find solutions, and eventually a joint venture was agreed between a Dutch shipbuilding firm and Cammell Laird, but under the existing rules the allocation of the work—the amount of work that could be awarded to each site—could not be agreed or decided by the Mayor, despite him being the contracting authority.

[Hywel Williams (Arfon) (PC)]

I am glad the hon. Gentleman is making that point about participation. The Senedd in Cardiff is introducing a Welsh procurement policy under the Social Partnership and Public Procurement (Wales) Bill, which is part of the agenda to involve trade unions and others when delivering public projects with certain objectives. I think he shares that aim, but does he share my concern that the Government’s recent attacks on trade unions and the right to strike could undermine that approach of introducing a broader range of people into the process of public procurement?

[Mick Whitley]

Public procurement is for all, not just the Government or privateers. This is all about social value.

The fact that a vital local employer in Birkenhead, a deprived constituency, was at the mercy of a Dutch company is a very good reason why the public procurement process needs to be reformed. Social value is not an empty phrase. Cammell Laird is the largest employer in my constituency. Birkenhead has an above-average number of benefit claimants, who struggle to survive, so work flowing into Cammell Laird is vital to turn despair and poverty into hope and prosperity, yet the opportunity to create such work was hindered by the legal restrictions surrounding the existing procurement process. That problem is not addressed by the Procurement Bill, because it excludes social value—a key measure of the overall value of any contract.

Value for money has come to mean the cheapest bid, not the best bid. As a result, Cammell Laird and the workers in my constituency suffered a blow. The bulk of the work of the ferries contracts goes through a Dutch company, which I have been told will be keeping its costs low and its profits high by outsourcing work on Mersey Ferries to Romania. That is a glaring example of how public money has not served the public good. I am pleased for the workers of Belfast and Devon that Harland & Wolff and BMT were included in a winning Team Resolute bid, but there is no guarantee of the amount of work they will get as a result of the contract.

[Kirsty Blackman (Aberdeen North) (SNP)]

On that point, is the hon. Gentleman concerned about the climate change impact—the carbon impact—of getting stuff and people from further away, the social issues that that causes, and the effect on the people who live locally?

[Mick Whitley]

The hon. Lady makes a good point, which I will cover a bit later.

Team Resolute is led by a Spanish ship company called Navantia, which is guaranteed to get at least 40% of the work, worth about £640 million. Ministers have confirmed that there is no limit on the jobs it can create in Spain. As for Navantia being part of a UK consortium, it is true that the bid includes Navantia UK, but here’s the rub: Navantia UK was created only in May last year as a subsidiary of the Spanish firm. It has no trading history, and its two directors live in Spain.

At the very heart of the problem lies the fact that a social value calculation is not included in the public procurement process. My call on the Government is simple: make it a compulsory component—make its inclusion in the consideration of all bids compulsory.

[Peter Dowd (Bootle) (Lab)]

Is my hon. Friend aware that in the other House, Members expressed concern that the Procurement Bill falls short of the Green Paper, in that there is no exact definition of key procurement principles, there are no specific requirements on climate objectives and, as he just said, there is no real emphasis on social value elements?

[Mick Whitley]

I thank my hon. Friend for that intervention; I am just about to cover that point.

Only by including a social value calculation can we ensure that every contract is transparent, and that its impact on local communities, job creation, the standard of jobs and the local economy is taken into account and plays a key part in shaping the final decision. Its absence from the Bill is even more surprising given the noise the Cabinet Office made in response to the consultation on the original Green Paper, “Transforming Public Procurement”. The Cabinet Office wrote last December that social value

“can play a big role in contributing to the Government’s levelling-up goals.”

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

Social value is not restricted to these shores. The hon. Gentleman will be aware that China has a very prescriptive regime, particularly in relation to people in Xinjiang province. In this country, Hikvision produces CCTV equipment for councils. Does he agree that the Government need to be much more careful about allowing such companies into the UK market?

[Mick Whitley]

Yes, I do agree with the right hon. Gentleman.

In December 2020, the Cabinet Office published a social value model that said there should be a requirement on Government Departments to evaluate social value when awarding contracts, and not, as previously, just to consider it. Yet when it came to publishing the Procurement Bill, there were no explicit references to social value, so Labour MPs and peers have raised it as something that should be integral to the Bill and the public procurement process.

Another problem with the Procurement Bill as it stands is that it contains no provisions to ensure that bad employers are prevented from winning contracts. Far too many bad employers exist and far too many of them profit from public procurement contracts. A decent Procurement Bill can address that with construction projects nationally and by legislating to tie local government contracts to a clear and fair employment charter of the kind that already exists in the Liverpool city region.

Contracting authorities should be obliged to build into every contract that involves even a penny of public money a cast-iron guarantee that fair employment practices and the right to trade union recognition will be respected. There are other aspects of public procurement, such as strict conditions regarding the need to meet our climate targets and helping to regenerate our country through a green industrial revolution, but I wish to finish on a very important principle that must be embedded into the reform of public procurement: a watertight mechanism to put an end to cronyism.

The Bill hands more powers to Ministers without any meaningful safeguards to ensure that decisions will not be determined by favouritism at best and cronyism at worst. This is not an abstract issue: it is, sadly, a real problem that has led to major scandals. While the country was rocked by the curse of covid, a VIP lane was opened to enrich friends of Conservative Ministers and donors to their party coffers. Taxpayers’ money was doled out without any proper scrutiny. As a result, orders of personal protective equipment were handed out to companies that had no track record of producing or providing medical equipment. More than half the £1.7 billion paid by the Government to politically connected VIP companies to supply PPE in the pandemic was spent on equipment that has not been used, according to new figures.

[Tim Farron (Westmorland and Lonsdale) (LD)]

The hon. Member is making a really important speech. He talked about NHS procurement, and social value must surely include saving lives. I chair the all-party parliamentary group for radiotherapy and last week we met oncologists, radiotherapists and cancer-centre managers. They say that one reason why we are not saving as many cancer patients’ lives as equivalent countries around the world is that we do not have a centralised procurement system for linear accelerators. As a result, we are 120 machines down on where we should be, and hundreds of machines are more than 10 years old. Does he agree that the Minister ought to consider central procurement, so that every part of the country has the up-to-date machinery to save lives through radiotherapy?

[Mick Whitley]

The hon. Gentleman makes a good point. The Government must be aware that the supply chains are too long. Instead of offshoring, they need to inshore.

Public money has been wasted on an industrial scale, and the ability of Ministers to throw taxpayers’ money away is now being codified in the Procurement Bill. Conservative peers voted down an amendment to ban the use of VIP lanes in the awarding of contracts. Together, my Labour colleagues and I will do our level best to change that and get the VIP lanes closed for good. The High Court has agreed with us and ruled the VIP lanes illegal.

[Peter Dowd]

I am sorry to interrupt my hon. Friend in mid flow. He has dealt with some specifics, but one of my concerns is that there does not appear to be any real assessment of how the measures in the Procurement Bill will fulfil its principles. For example, the Government want to launch new measures to promote jobs and new skills, but how many, and what sort of skills? They want to encourage economic prosperity and growth—God knows, we need it—but there is no indication of how. They want to tackle climate change and level up, but there are no indicators and no metrics at all to assess that. Does he agree that we need not just words but facts and assessment to back this up?

[Mick Whitley]

Yes, and the Minister should address that question in his response.

In summary, we cannot continue with a system under which one in six procurement contracts over a five-year period was found by the Fair Tax Foundation to have been awarded to companies with connections to tax havens. We cannot continue with VIP lanes. We need a system that is accountable and transparent and made watertight against cronyism; that places social value, local economies and fair employment practices at its heart; that enables the Government to recoup money from those who fail to deliver; that gives real opportunity to small, medium and social enterprises to win; and that recognises that outsourcing has been a complete failure and the time for a return to insourcing is overdue. Without extensive amendment, the Procurement Bill does none of those things.

[Esther McVey (in the Chair)]

I remind Members that they should bob if they wish to be called to speak. We will go to the Front Benchers no later than 10.33 am, mindful of the fact that Mick Whitley will need time to wind up the debate.

--- Later in debate ---

[The Parliamentary Secretary, Cabinet Office (Alex Burghart)]

It is a pleasure to serve under your chairwomanship for the first time, Ms McVey.

I congratulate the hon. Member for Birkenhead (Mick Whitley) on securing the debate. As the Opposition spokesperson, the hon. Member for Vauxhall (Florence Eshalomi), has already said, it is nice to have the opportunity to debate the issues with the hon. Gentleman again. I am looking forward to the next three weeks in Committee, discussing the Procurement Bill with colleagues from all parties, and to the Report stage that will follow. It is right that we debate these issues thoroughly. The Bill is a landmark piece of legislation that the Government believe will bring real benefits to public authorities, public services and ultimately to the taxpayer. These are things to celebrate.

The hon. Member for Birkenhead’s constituents voted, like mine, to leave the European Union in 2016, and the Bill is one of the landmark pieces of legislation that enables us to take advantage of freedoms that we simply did not have when we were in the EU. The response to the public consultation on the Bill showed the strength of feeling among public authorities and suppliers for change. I am pleased to say that we have developed a sophisticated piece of legislation that is rising up to meet the asks of us made by those who responded to the consultation.

We have about £300 billion of public procurement in this country. That represents a huge amount of taxpayers’ money—public money—that we think can be spent better for people at all levels. We see a chance to reduce paperwork, streamline processes, improve opportunities for SMEs, which I know is close to the hon. Member for Birkenhead’s heart and is close to mine because it is the backbone of the economy in my part of the world, and to introduce new ways of viewing procurement.

As Members will have heard me say on Second Reading, it is a shift from MEAT to MAT—from the most economically advantageous tender to the most advantageous tender. That gives public authorities a freer hand to make an assessment about whether procurement decisions will create jobs in their area, benefit the environment or create any other forms of social good that are not purely economically measured. We think this is a major step forward, and I hope he agrees.

I am afraid I cannot speak in detail about the ferry contract in the hon. Gentleman’s area, but the work we are doing on the Procurement Bill is intended to make it easier for procuring authorities to make decisions that are not based purely on money. It will enable them to look at local need and things such as jobs.

Shipbuilding is covered by our World Trade Organisation commitments, so we would struggle to confine shipbuilding contracts to British-only suppliers unless we left the WTO. That would, of course, deprive British companies of the opportunity to take advantage of the procurement agreements within that framework, which are worth about £1.2 trillion. I cannot comment on the exact specifics of the hon. Gentleman’s case in Merseyside, but there are limits to what we can do within the WTO.

[Mick Whitley]

I think it was three Prime Ministers ago when the Prime Minister came to Birkenhead and announced the 50-year plan for shipping. The Ministry of Defence awarded a contract to build fleet supply boats, and colleagues from Northern Ireland and Devon won it, but as soon as they did that there was a debate in the House about what kind of company Navantia was. It was registered in the UK earlier this year and its two directors come from Spain, and the majority of the work on the fleet supply boats will get done in Cadiz. That is public money; that is what we are talking about. We are talking about levelling up the left-behind towns, but that has been totally ignored.

[Alex Burghart]

If the hon. Gentleman is talking about fleet solid support ships, they are built to a British design. There is a huge amount of construction in Belfast and Appledore—the final assembly is completed in Belfast—bringing shipbuilding back to Northern Ireland. This is an enormous opportunity for levelling up and bringing jobs into exactly the sort of shipyards around the country that I am sure the hon. Gentleman wants to see benefit, so I do not quite recognise all the allegations he has made.

--- Later in debate ---

[Mick Whitley]

Thank you, Ms McVey. I thank Members for their thoughtful and varied contributions. I let the Minister know that I will soon be joining colleagues to scrutinise the Procurement Bill in Committee. Today’s discussions have given me much to reflect on.

I am particularly grateful to the shadow Minister, my hon. Friend the Member for Vauxhall (Florence Eshalomi), for the passion and clarity with which she spoke today. I have already paid tribute to Labour peers and friends in the House for their hard work in fighting to amend the Bill for the better. It is welcome to hear the shadow Minister restate our party’s commitment to ensure that public money is put back into the pockets of working people and communities, such as Birkenhead, through our five-point national procurement plan.

I thank the Minister for attending and hope he recognises what has been said here today. In the short time available to us, my hon. Friends and I have attempted to highlight the real-world implications of the decisions being made in this place. I hope that the Government will seek to work constructively with colleagues from across the House in building a progressive procurement regime that helps to lay the foundations of a fairer, greener and more prosperous Britain.

Question put and agreed to.

Resolved,

That this House has considered reform of public procurement processes.