Covid Contracts: Judicial Review

Rachel Reeves Excerpts

Wednesday 24th February 2021 Commons Chamber

[Rachel Reeves (Leeds West) (Lab)]

(Urgent Question): To ask the Minister for the Cabinet Office if he will make a statement on the recent judicial review ruling, which found the Government had acted unlawfully in respect of covid contracts.

[The Minister for Health (Edward Argar)]

Protecting those who protect us has been one of the Government’s most important goals in our fight against covid-19. To do that, we have had to expand our personal protective equipment supply chain—it has gone from supplying 226 NHS trusts in England to supplying more than 58,000 different settings—and we have had to create a whole new logistics network from scratch. Thanks to the hard work and dedication of so many people, we have delivered more than 8.6 billion items of PPE to the frontline so far, with billions more ordered and being supplied.

Our team worked night and day to procure PPE within very short timescales and against the background of unparalleled global demand. That often meant working at incredible speed, especially in the early months of the pandemic, to secure the vital supplies required to protect NHS workers and the public, which we did.

Let me turn specifically to the High Court judgment. There has been a lot of confusion about what the ruling said and did not say, and I welcome the opportunity to clarify that to the House today. The High Court case did not look at the awarding of the contracts; rather, it looked at the timing of the publication of the details of contracts awarded. The court ruled that at this time of unprecedented pressure, contract award notices were not all published in the timescales required by the regulations. However, it also found that there was no deprioritisation policy in that respect in the Department. As we set out to the court, the delays were caused by the workload involved in responding to one of the greatest threats to public health that this country has ever seen.

We take our transparency requirements very seriously, and it is important that I put on the record that we of course take the judgment of the court very seriously and respect it. We are working with colleagues across Government to implement the recommendations set out in the report published earlier this month by the Public Accounts Committee, chaired by the hon. Member for Hackney South and Shoreditch (Meg Hillier), but as we do that, we will keep acting quickly and decisively to respond to this deadly threat, and we continue to do all we can to help save lives.

[Rachel Reeves]

A stain has emerged on this Government’s response to the crisis. There has been an unedifying goldrush of chums and chancers; £2 billion-worth of contracts have been handed to those with close links to the Conservative party, from the Health Secretary’s pub landlord, to the donors, manifesto writers and the old boys’ club—they have all had a return on their investment at our expense.

The Government have been taken to court, and they lost, which cost taxpayers even more money. The Home Secretary once said that she wanted people

“to literally feel the terror at the thought of committing offences.”

She does not have to look to the streets to find law-breakers; she only has to look across the Cabinet table. This Government are not terrified of breaking the law, because they think they are above the law.

Now that the Government have lost in court, I ask the Minister: what was the cost to taxpayers of fighting this case? Will the Government agree today to publish the names of all businesses in their VIP fast lane and say how they got on that list? Will all overdue contracts be published by the end of this week? When will the management consultants hired locate the billions of pounds of PPE that the Government seem to have misplaced? When will clawback be used to get back taxpayers’ money for contracts that have failed to deliver? Will the Minister take this opportunity to apologise to the doctors, nurses, care workers and other frontline workers who did not have the PPE that they needed, and who had to make makeshift PPE—because, contrary to what the Health Secretary said, there was a shortage of PPE and those working on the frontline were not protected?

While he is here, will the Minister, Serco’s former head of public affairs, reveal the mystery of why the Government created Serco Test and Trace, rather than a true NHS test and trace embedded in our communities? NHS workers, care workers and taxpayers deserve better. We deserve the end of crony contracts from this Government.

[Edward Argar]

Notwithstanding the circumstances and the approach adopted by the hon. Lady, it is a pleasure to appear opposite her at the Dispatch Box for the first time. She raised a number of specific points, but before I turn to them, I have to reiterate what the judgment did and did not do. The judgment focused on timely publication of contract notices; it did not make any judgment on, or consider in any way, the appropriateness of the contracting process or any of the individual processes.

The hon. Lady alleges impropriety and inappropriate behaviour—wrong. The National Audit Office report was absolutely clear that there was no evidence of any inappropriate behaviour, and indeed no court has found this. I highlight to her that the judgment was a declaratory judgment, and it stated that there had been a breach of the regulation 50 requirements. The judge subsequently highlighted, in paragraph 149:

“But the overall picture shows the Secretary of State moving close to complete compliance. The evidence as a whole suggests that the backlog arose largely in the first few months of the pandemic and that officials began to bear down on it during the autumn of 2020.”

I remind the House, and indeed the hon. Lady, of the situation we faced back in April. There were 3,301 people in mechanical ventilation beds, 21,307 people in hospital with covid, and at the beginning of April, according to our best understanding of positive cases at the time, the average number of positive cases and patients in hospital was doubling every seven days. In those circumstances, I make no apologies for the Government doing everything in our power to ensure that the NHS and frontline workers did not run out of PPE. As the National Audit Office has acknowledged, there was no national shortage of PPE at the time and throughout the pandemic.

The hon. Lady asked a number of questions. She talked about the current situation regarding publication, compliance and costs. As I have mentioned to her briefly before, there is an element of this case that is yet to be concluded, as some information is due to be provided to the judge on Friday. We will do exactly that, and the information will be made public when it goes to the court. We respect the court’s role in the process, but I expect the judge to have that published in a couple of days’ time.

On the priority route, if I recall correctly, many Members on both sides of the House requested expeditious consideration of offers of help, and I am grateful to all who made those offers. Every one of those went through an eight-stage process, run by civil servants, entirely appropriately. They checked the appropriateness of the PPE and the organisation supplying it, and conducted due diligence. Indeed, as I recall, the hon. Lady herself, on 22 April, published a letter that she had sent to the Chancellor of the Duchy of Lancaster—it was helpfully analysed at the time by the Guido Fawkes website—sharing some of her suggestions of companies or individuals that should be put through rapid assessment. I acknowledge that she said that there should be assessment and due diligence, but she asked that they be assessed rapidly. I believe that many Members of the House took the same approach. In that letter, she concluded:

“We need Government to strain every sinew and utilise untapped resources in UK manufacturing, to deliver essential equipment to frontline workers. This must be a national effort which leaves no stone unturned.”

She was right. I agreed with her sentiment then, and I still do, but she no longer appears to agree with herself.