Covid Contracts: Judicial Review

Robert Neill Excerpts

Wednesday 24th February 2021 Commons Chamber

[Sir Robert Neill (Bromley and Chislehurst) (Con) [V]]

The judge very clearly found that there was a breach in relation to one matter: the 17-day average delay. He rejected the suggestion that there was a systematic failure. He rejected the suggestion that there is any impropriety in the system for awarding the contracts and did not impugn any of the contracts themselves or the process by which they were awarded. Most lawyers would know that this was a technical breach, as it has been described, albeit a breach. Is not the real moral of this that when those of us in politics seek to comment upon judgments, it is a good idea to actually read the judgment first and understand the law on which it is based, rather than grandstanding inaccurately, as has too often been the case here?

[Edward Argar]

I am grateful to my hon. Friend for his comments. He is absolutely right to highlight what this judgment actually said. It found, in what had to be a binary judgment—either it was complied with or it was not—that the Government failed to comply with the 30-day publication timing for all contracts. He is right: the judge rejected the suggestion of any policy of deprioritisation. I read the 40 pages of Justice Chamberlain’s judgment, including the setting out of the different cases put by the two parties, the discussion of it and then, crucially, his findings on it. I would advise all Members who take an interest in this issue to do exactly the same thing, because legal judgments are rarely as clearcut or as simple as some commentators and others might wish to suggest.