Cabinet Office

Mick Whitley Excerpts

Monday 11th March 2024 Ministerial Corrections

The following is an extract from Cabinet Office questions on 29 February 2024.

[Mick Whitley (Birkenhead) (Lab)]

T8. How does the Secretary of State expect the civil service to function effectively for the public if the Government go ahead with headcount cuts of up to 70,000, which aim to return civil service numbers to pre-pandemic and pre-Brexit levels, and which will mean a huge loss of expertise and knowledge? What discussions has he had with trade unions about these proposals?

[John Glen]

I met several union leaders a few weeks ago. On 2 October, the Chancellor announced that the civil service would be capped at the levels that were current at that time, which would save up to £1 billion against the trajectory that was then in place. As of September 2023, there were 496,150 civil servants. It is an important Government responsibility to ensure that we have the right number of civil servants performing effectively and efficiently in public service, and we will continue to work on that.

[Official Report, 29 February 2024, Vol. 746, c. 428.]

Letter of correction from the Minister for the Cabinet Office and Paymaster General, the right hon. Member for Salisbury (John Glen):

An error has been identified in my response to the hon. Member for Birkenhead (Mick Whitley). The correct response should have been:

Oral Answers to Questions

Mick Whitley Excerpts

Thursday 29th February 2024 Commons Chamber

[John Glen]

I respectfully reject that characterisation. As the hon. Gentleman knows, the Government have spent £400 million of taxpayers’ money since October 2022. The arrangements for the distribution of further compensation payments are obviously being considered at this point, and, as I said during the extensive exchange that opened this questions session, that work is continuing apace, so that I can produce a comprehensive response from the Government as soon as possible.

[Mick Whitley (Birkenhead) (Lab)]

T8. How does the Secretary of State expect the civil service to function effectively for the public if the Government go ahead with headcount cuts of up to 70,000, which aim to return civil service numbers to pre-pandemic and pre-Brexit levels, and which will mean a huge loss of expertise and knowledge? What discussions has he had with trade unions about these proposals?

[John Glen]

I met several union leaders a few weeks ago. On 2 October, the Chancellor announced that the civil service would be capped at the levels that were current at that time, which would save up to £1 billion against the trajectory that was then in place. As of September 2023, there were 496,150 civil servants. It is an important Government responsibility to ensure that we have the right number of civil servants performing effectively and efficiently in public service, and we will continue to work on that.

Defending the UK and Allies

Mick Whitley Excerpts

Monday 15th January 2024 Commons Chamber

[The Prime Minister]

I say to my right hon. Friend that we want to see the long-term future of a two-state solution where Palestinian and Israeli people can live side by side in security and freedom, and with dignity and opportunity. That is the future that we are all striving for, and the events of the past few months have just reminded us that we need to double our efforts on making that happen.

[Mick Whitley (Birkenhead) (Lab)]

I regard with the utmost seriousness the threat posed by Houthi forces to mariners in the Red sea, but does the Prime Minister accept that upholding the right to freedom of navigation in the region is an international challenge that should be dealt with through international diplomacy aimed principally at securing a sustainable ceasefire in Gaza, and that, by joining US-led military action without reference to the UN, we are in danger of exacerbating the threat posed to British citizens by terrorism?

[The Prime Minister]

Again, the hon. Gentleman has wrongly linked and conflated the situation in Israel and Gaza with the illegal attacks by the Houthis on innocent commercial shipping. That is simply wrong. As I pointed out in my statement, extensive diplomatic avenues had been pursued before military action was taken as a last resort, including a UN Security Council resolution.

UK Car Industry

Mick Whitley Excerpts

Wednesday 17th May 2023 Commons Chamber

[Ms Ghani]

The hon. Member’s premise is wrong. I can list all the investments that have taken place in the sector, including £100 million from Stellantis in Ellesmere Port. That is taking place because there is confidence in the UK and in the supply chains. There has been a £380 million investment in Halewood. We have £1 billion of investment in the north-east hub between Nissan and Envision. That is all investment in the UK. Bentley announced £2.5 billion of investment in 2022 to produce its first battery-electric vehicles by 2026, securing 4,000 jobs at its Crewe plant. None of that was in the hon. Member’s script as she stood up.

We are aware of the rules of origin issue and it is raised with the Automotive Council, of which I am a co-chair. As I said earlier, the FCDO leads on this issue, but my Secretary of State is in constant contact to ensure that we get the best deal we can.

[Mick Whitley (Birkenhead) (Lab)]

Stellantis’ warning that it might be forced to close its UK factories will be greeted with dread by the large number of my constituents who work in the Vauxhall car plant in Ellesmere Port, where I myself was employed for many decades. The automotive sector now faces an existential threat as a result of the Government’s recklessness in setting such ambitious rules of origin targets, with no clear plan on how they would be delivered. With 800,000 jobs hanging in the balance, can the Minister confirm that the Government are prepared to sober up, get real, and work with the EU to revisit the rules of origin requirements in the trade and co-operation agreement?

[Ms Ghani]

Stellantis gave evidence to the Select Committee on a number of issues, and it seems peculiar that just one particular point has been raised, which has been in process for quite some time. The confidence that the hon. Member can give his constituents is that Stellantis has invested over £100 million in the UK—that is the confidence that employees have as well. A series of submissions were made to the Select Committee, and I am sure that the Chair, the hon. Member for Bristol North West (Darren Jones), will see a lot of activity on the website going forward. I read out the submission from Nissan expressing the confidence it has in the UK, as well as in us being able to deliver a huge amount of technological advancement in providing net zero vehicles. I ask the hon. Member for Birkenhead (Mick Whitley) to read the submission in full, not just the snapshot that was in the news.

Civil Service Pay

Mick Whitley Excerpts

Tuesday 7th March 2023 Westminster Hall

[Mick Whitley (Birkenhead) (Lab)]

It is a privilege to serve under your chairmanship, Mr Pritchard. I thank my hon. Friend the Member for Cynon Valley (Beth Winter) for securing this important debate and for so evocatively laying bare in her opening remarks the scale of the crisis facing the civil service.

In recent days, Conservative Members have dedicated much of their energy contriving to impugn the conduct of the former second permanent secretary to the Cabinet Office. However, I have noticed with interest the lengths to which many of them have gone to make clear, regardless of their views of Sue Gray, the high esteem in which they hold the civil service. As the Paymaster General himself echoed in his remarks to the House yesterday, this nation’s civil servants are diligent and hard-working, and display the utmost integrity in the exercise of their duty. The question facing Conservative Members, and which I hope the Minister will address in a moment’s time, is: why should civil servants be denied the fair and long-overdue pay rise that will allow them to keep their heads above water during the most precipitous collapse in living standards in a generation?

The Government are impotent without the civil service, and nowhere was that more clearly demonstrated than during the height of the pandemic. That global health crisis necessitated the most radical expansion of state involvement in the lives of ordinary people since at least the second world war. Furloughed workers needed to get paid, businesses needed financial support, and the health service required additional resources on an unprecedented scale.

Notwithstanding the Government’s many failings during those dark days, not a single one of our successes in the fight against covid—including the vaccine roll-out—would ever have been possible without the hard work and dedication of the civil service. And yet, in November last year, those same workers were told by the Government that they deserved a measly pay rise of just 2% during a period of record inflation, when food prices have risen by more than 16% and October’s mini-Budget catastrophe sent mortgage rates and rents soaring. That is an insult. All of that comes after over a decade in which a public sector squeeze has seen pay fall at every grade of the civil service by between 12% and 23% in real terms.

Let us be very clear about what that squeeze has meant for those working in the civil service. Of all PCS members surveyed, 85% said that the cost of living crisis has impacted their physical and mental health, over half are worried about losing their homes, and nearly one in 10 have been forced to resort to food bank use. One constituent recently wrote to me to say that they felt at their wits’ end. Another asked for assistance in dealing with the payday lenders they had been forced to turn to in order to make ends meet, while another said that the challenge of keeping up with mortgage payments had left them feeling like a prisoner in their own home. We should not be surprised that a third of all respondents to the PCS survey said they were looking to leave the civil service entirely, and that a career change would do good for their mental health.

Next week, as the Chancellor delivers his Budget, more than 100,000 PCS members will be on picket lines across the country to tell this Government that enough is enough. I will be proud to stand with them as they do so. It is time for this Government to realise that this country cannot survive without its public servants, and those public servants cannot survive on warm words alone. In the national interest, I urge the Minister to get around the table and negotiate the fair pay rise that our civil servants so rightly deserve.

Independent Public Advocate

Mick Whitley Excerpts

Wednesday 1st March 2023 Commons Chamber

[Mick Whitley (Birkenhead) (Lab)]

For bereaved families to have confidence in an independent public advocate, it needs to be truly independent of Government. That means acting on the directions of families and not the Secretary of State, exercising the powers of a data controller and being empowered to establish independent panels. Elkan Abrahamson, the co-author of the Hillsborough law, has said this Government’s engagement with the Hillsborough families has been “almost non-existent”, and it shows. Will the Justice Secretary commit to meeting with the Hillsborough families with a view to revising his proposals and bringing them in line with what the Hillsborough families have long been calling for?

[Dominic Raab]

I thank the hon. Gentleman. I have already made clear the level of engagement we have had before, and of course I am willing to meet with representatives or directly with the families involved.

Procurement Bill [ Lords ] (Second sitting)

Mick Whitley Excerpts

Committee stage
Tuesday 31st January 2023 Public Bill Committees

This is not an anti-business amendment. The businesses that we have spoken to about social value cannot get enough of it. They are proud to show what they can offer, and they want to train people, work in communities, and create the skills and jobs that would be acknowledged in contracts. Those businesses know that value for money means taking into account social value. I urge the Minister to go a step further and put a commitment to social value in the Bill. He may be aware that the Conservative party introduced the Public Services (Social Value) Act 2012 under David Cameron to increase the amount of public money given to small and medium-sized enterprises.

[Mick Whitley (Birkenhead) (Lab)]

My hon. Friend is making a good speech. Obviously, we do not see much social value in the Bill. I would go back to a speech that I made in the Chamber a week ago about Mersey ferries. The Liverpool Mayor commissioned a replacement for the iconic but decades-old Mersey ferries, and Cammell Laird, which sits on the River Mersey, was singularly well-suited to build it. It had a reputation for quality and innovation across the sector, and sits right on the banks of the Mersey. Building a new ferry in Cammell Laird would have guaranteed the viability of the site and allowed the yards to make further investments. Not only that, but it would have employed a lot of local people. This is all about social value. Why should it be only companies that benefit? The community should level up, and get the value out of social value.

[Florence Eshalomi]

I thank my hon. Friend for that example of why social value is so important. That contract was a missed opportunity to employ local people. We all want those local benefits, and employment in our constituency, so it is important that contracts be awarded to local companies, as well as the big ones.

Amendment 10 would require public value to be among the procurement objectives. That would complement our amendment on social value; together, the amendments would add real teeth to the Bill, and would give contracting authorities the mandate to make decisions that would benefit not only their area but the whole country. That is important because we spend £3 billion a year on procurement, and although the Bill is a step forward, without clear mandates on social value and public value, contracting authorities may miss out on the chance of creating tremendous value for the public through their procurement processes. Amendment 89 clarifies that by explicitly providing a wider definition of value for money. The Bill does not define value for money, nor does it set out what can or should be considered when an assessment is being made of which is the most advantageous tender.

Legislation allows for wider considerations of value, but the determining factor too often remains the low unit cost. That is problematic because it can lead to services being procured that do not effectively meet needs, and it can drive higher costs in the long term, particularly when it leads to a spiral of support needs. People do not get the support that they need, and their need for support escalates as a result. They are forced to keep going to services that cannot give them the help that they need, or cannot address the root causes of their issues.

Although the Cabinet Office is planning training to be rolled out alongside the legislation to encourage culture change, it is important that the legislation goes as far as possible in encouraging better practice. Further defining value for money is an example of how it could be done.

The aim of amendment 89 is to help to prevent the false economies that arise when we take value for money on a short-term and shallow basis. When we are considering such massive parts of public spending, crossing many levels, it is vital that every penny spent ties together. We do not want a situation where saving a penny in one pot loses a pound from another. By defining value for money in the way that the amendment does, we could ensure that contracting authorities consider the wider impact of their decisions. Again, that could lead to significant efficiency savings for this and future Governments, and to stronger public services for all to enjoy.

New clause 2 would place the procurement principles on the face of the Bill: promoting the public good; value for money; transparency; integrity; fair treatment of suppliers; and non-discrimination. In their December 2020 Green Paper, “Transforming public procurement”, the Government proposed enshrining those principles in law. In responding to the consultation, the Government stated that 92% of 477 respondents agreed with the original desire to put the procurement principles in the Bill, so I was not the only one surprised when the principles were missing from the Bill when it was published in the other place.

Our new clause 2 seeks to accomplish the original aim of the Bill. I know that we will hear from the Minister that we should trust the Government on such issues, and that we should wait for the national procurement policy statement, rather than looking to put things in the Bill. The principles are so important to how we carry out procurement, however, and perhaps the best source for why that is so comes from the Government. In the Green Paper, the Government say of the public good:

“The decision to invest public funds into policies, services, projects and programmes is subject to analysis and appraisal to assess the public good that is expected to accrue as a result of the expenditure. For national spending this will have been conducted in accordance with the HM Treasury Green Book guidance and subject to National Audit Office scrutiny. Procurement should draw a clear link between the objectives, outcomes and anticipated benefits that underpin the investment decision and the selection of contracting parties to deliver those benefits…Public procurement should also be leveraged to support strategic national priorities. Commercial teams should have regard to the Government’s national priorities when conducting public procurement. These will be set out in the National Procurement Policy Statement…This is consistent with international practice where public procurement is regularly leveraged to achieve social and environmental value beyond the primary benefit of the specific goods, services and capital works through operational delivery that contributes additional social value.”

The Green Paper goes on to say of value for money:

“The Government is making clearer the ways in which value for money is assessed at the point of the investment decision, which will be set out in a revised Green Book. A critical element of the assessment is a strong strategic case that sets: a clear objective aligned to government priorities, a rationale for intervention, and/or robust evidence and analysis for how different options for delivering that intervention will advance that objective…The role of procurement is to translate the desired outcomes into the right contracts and select the supplier or suppliers that will deliver these in the way that offers best social value for money. For many procurements there may only be a single contract, but for complex major projects there will be many hundreds of separate contracts of different types, sizes and sectors that need to be packaged and procured in such a way as to deliver the whole project successfully. Whether there is one contract or many it is critical to maintain the ‘golden thread’ from government priorities via the business cases through to procurement specifications and the assessment of price and quality when awarding contracts.

Value for money does not therefore mean simply selecting the lowest price, it means securing the best mix of whole-life quality and effectiveness for the least outlay over the period of use of the goods, works or services bought. Value for money also involves an appropriate allocation of risk and an assessment of the procurement to provide confidence about its probity, suitability, and economic, social and environmental value over its life cycle.” On transparency, the Green Paper states:

“The principle of transparency in public procurement is central to the integrity and accountability of the system and the fight against corruption. This is consistent with best international practice. It ensures business opportunities are accessible and processes and decisions can be monitored and scrutinised. It ensures that decision makers are held accountable for spending public money and helps open up public procurement to more effective competition that in return can deliver better value for money.”

On integrity, it states:

“The principle of integrity is key to strengthening trust and combating corruption. Procurement professionals must always bear in mind the needs of the ‘customer’ or ‘user’. Planning a public procurement must promote good governance, sound management of public money, and a professional relationship between buyer and supplier, e.g. managing conflicts of interest, protecting intellectual property and copyrights, confidential information or other standards of professional behaviour.”

On the fair treatment of suppliers, it states:

“The principle of fair treatment of suppliers means all suppliers must receive fair and reasonable treatment before, during and after the contract award procedure so as to encourage participation by suppliers of all types and sizes. Suppliers should have timely access to review mechanisms to ensure the overall fairness of the procurement process.”

And on non-discrimination, the Green Paper states:

“The principle of non-discrimination applies to procurement under the new regulations and means contracting authorities cannot show favouritism among domestic suppliers. This principle also applies to suppliers who have rights under an international trade agreement that covers the procurement. Non-discrimination in this context means that suppliers, goods and services from any other party to the agreement are given no less favourable treatment than domestic suppliers, goods and services.”

Thank you, Mr Efford, for indulging me; I felt it was really important to outline the very same principles that the Government put in the Bill, but on which they have now reneged. I do not think anyone in this room would disagree with those principles, but the treatment of the procurement principles during the lifetime of the Bill shows why we are keen to make sure we get this down in legislation. We cannot rely on just words and expect to trust the Government when they have already changed their mind on the Bill so much.

Delegating so much responsibility to regulations and statements risks taking the Bill further away from its original intentions, and I do not think that even the Minister wants that. I hope he has listened to those key statements, as outlined by his Government. I urge him to live up to the pledges in the Green Paper, which were supported in the other place, and to support our amendment.

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.

Procurement Bill [Lords]

Mick Whitley Excerpts

2nd reading
Monday 9th January 2023 Commons Chamber

[Mick Whitley (Birkenhead) (Lab)]

I commend my hon. Friend the Member for City of Chester (Samantha Dixon). I hope her nerves have settled after an excellent speech. I thank all my hon. Friends for their eloquent contributions to today’s debate. I hope the Minister recognises there is a real appetite on the Labour Benches to work constructively with the Government on this issue.

Colleagues have rightly drawn attention to the ways in which the Bill risks enshrining in law the kind of cronyism we saw run wild during the pandemic. In the short time available to me, however, I want to speak specifically to the issue of social value and how recent developments in my constituency illustrate the urgent need for reform of our broken procurement regime.

When metro Mayor Steve Rotheram announced that the Liverpool city region combined authority would be commissioning the first new Mersey ferry in over 60 years, there was a widespread belief that it could only be built at Cammell Laird shipyards in my constituency of Birkenhead. What could be more fitting than for such an iconic Merseyside institution to be built on the banks of the Mersey itself? And what a difference the multimillion -pound contract would have made to the lives of my constituents, securing high-skilled work for years to come and guaranteeing additional investment in skills and training.

But soon enough those hopes were sunk by the cold reality of today’s procurement landscape. Cammell Laird could not compete on price against the likes of multinational giants like Damen. No matter how much the metro Mayor might have wanted to see the Ferry built in its entirety on Merseyside, he found his hands tied by onerous procurement rules enforced by central Government. As a result, the construction of the ferry is now set to be split between Cammell Laird and a Damen shipyard in the Balkans, with much of the most high-value labour likely to be offshored abroad.

My constituents were badly let down by a failed procurement regime that failed to take wider social, economic and environmental considerations properly into account. The news, only a week later, that the Ministry of Defence had awarded the contract for the new fleet solid support ships to a Spanish-led consortium made the blow even harder to bear.

Ministers have stated time and again that they intend to reaffirm value for money as the foundational principle of their procurement strategy. No one in this House is arguing for anything other than delivering the highest value for taxpayers, but that must also mean recognising the extraordinary potential for public procurement—which accounts for £1 in every £3 that the Government spend—to promote British businesses, boost job creation and drive investment in communities such as Birkenhead. For too long, communities across the country have missed out on the benefits of billions of pounds of public spending: one in six procurement contracts are now awarded to companies with links to tax havens, while the number of SMEs winning Government contracts is falling year on year.

This Bill was an opportunity to put right the mistakes of the past. Ministers had the chance to strengthen the Public Services (Social Value) Act 2012, give contracting authorities the flexibility they need to do their best by the communities they serve, and enshrine social value at the very heart of a new, progressive procurement regime. But there is not a single mention of social value in the Bill. Instead, Ministers are promising to expand on their plans to maximise social value in a national procurement policy statement with no statutory footing. If the Government are as committed as they claim to be to supporting critical industries such as shipbuilding, why does the Bill not contain a social value strategy?

The simple truth is that when it comes to supporting British businesses, the Bill is desperately lacking in ambition. For all the talk from Government Members about seizing post-Brexit opportunities, all the Bill really has to offer is more of the same—more of the giant multinationals treating this country as a cash cow while forcing home-grown British businesses out of the competition, and more public money piling up in tax havens while domestic industry struggles to survive one of the bleakest economic outlooks in recent history.

I recognise the need for a major overhaul of our national procurement regime. In the hope of achieving meaningful improvements to the Bill, I will not vote against it this evening, but if the version that returns on Third Reading does as little for the communities and businesses that I represent, I will be forced to think again.

Seven Principles of Public Life

Mick Whitley Excerpts

Wednesday 7th September 2022 Westminster Hall

[Mick Whitley (Birkenhead) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Twigg. I congratulate my hon. Friend the Member for Liverpool, Wavertree (Paula Barker) on securing this important debate. It could not be more fitting that we gather to debate the subject of standards in public life in the same week that a Prime Minister for whom the words integrity and honesty are alien was at last forced from office.

Optimists may hope that a change in leadership will bring with it a renewed respect for those most basic of principles that govern conduct in public life. However, anyone who has spent any time at all observing how the Conservative party acts in office would be far more sceptical. Indeed, the new resident of No.10 was more than willing to stand by her predecessor, the right hon. Member for Uxbridge and South Ruislip (Boris Johnson), as he tore up the rules, lied to the public and trampled over democratic norms. That proved to be no impediment in her assent to the highest office in the land. In fact, it undoubtedly helped her along the way.

While ordinary people have been confronted by the worst cost of living crisis in memory, Parliament has been consumed by a tawdry litany of scandals that have served to undermine public confidence in this place like never before. If the new Prime Minister is to convince a public who have had no say in choosing her that she truly does intend to work with them, she must make restoring faith in Government and Parliament a top priority. That must mean enshrining the Nolan principles at the heart of everything we do. Those seven principles are foundational in guaranteeing that public bodies work in the interests of those they are supposed to serve. However, the principles mean little without the appropriate mechanisms to ensure they are properly enforced.

We can talk about honesty all we want, but it means nothing when our Prime Minister can lie to Parliament and the wider public for months with total impunity.

[Derek Twigg (in the Chair)]

Order. You cannot say lie.

[Mick Whitley]

Okay then, misled.

[The Parliamentary Secretary, Cabinet Office (Mrs Heather Wheeler)]

You cannot say that either.

[Mick Whitley]

Well, I have said what I said. I will move on.

[Derek Twigg (in the Chair)]

You need to withdraw it. You cannot say that.

[Mick Whitley]

I withdraw it then, reluctantly.

Talk of accountability is equally hollow while efforts are still under way to frustrate the ongoing work of the Privileges Committee. We often talk about the need for culture change in Parliament, and rightly so, but if we are to begin the task of rebuilding faith in public life in earnest, we must accept that broader structural reform is also needed.

When it comes to standards in public life, the Government have for far too long been allowed to mark their own homework. We saw with the case of the former Member for North Shropshire that when the rules have become inconvenient, Members have been free to try and change them as they please. That can no longer stand. The time has come to accept that ministerial and parliamentary standards need more rigorous and, most importantly, independent enforcement. That is why my party is calling for the Prime Minister to be stripped of her sole authority for enforcing the ministerial code and for an independent integrity and ethics commission to be established to ensure that the very highest standards are followed in public office. That is why the independent ethics adviser, of whom the Prime Minister has said she has no need, must be made truly independent. Finally, that is why we need to give serious consideration to the growing calls to make misleading Parliament a criminal offence.

The process of restoring confidence in our Government will be long and difficult. It will mean accepting that the way things have always been can no longer continue, but if our constituents are to have any faith in the Government’s ability to work in their interests in the difficult times ahead, that is essential.

[Several hon. Members rose—]