Randox Covid Contracts

Tony Lloyd Excerpts

Wednesday 17th November 2021 Commons Chamber

[Angela Rayner (Ashton-under-Lyne) (Lab)]

I beg to move,

That an Humble Address be presented to Her Majesty, that she will be graciously pleased to give directions that there be laid before this House the minutes from or any notes of the meeting of 9 April 2020 between Lord Bethell, Owen Paterson and Randox representatives, and all correspondence, including submissions and electronic communications, addressed or copied to, or written by or on behalf of, any or all of the following:

(a) a Minister or former Minister of the Crown,

(b) a Special Adviser of such a Minister or former Minister, or

(c) a Member or former Member of this House

relating to the Government contracts for services provided by medical laboratories, awarded to Randox Laboratories Ltd. by the Department for Health and Social Care, reference tender_237869/856165 and CF-0053400D0O000000rwimUAA1, valued at £133,000,000 and £334,300,000-£346,500,000 respectively.

At the heart of this debate are two very simple questions. Do the Government have anything to hide? And will Members opposite now vote for a clean-up or a cover-up? I say “Members opposite,” but there are not many Members opposite to say it to.

The Prime Minister, just minutes ago, said in answer to my right hon. and learned Friend the Leader of the Opposition:

“I am very happy to publish all the details of the Randox contracts”.

If that is the case, the Prime Minister should vote for our motion and publish all the documents and correspondence related to the Randox contracts and the dodgy lobbying that went on around them.

The motion before the House is very simple. We already know that the former Member for North Shropshire broke the rules on lobbying. We already know that Randox was awarded nearly £600 million of taxpayers’ money without a tender. We already know that Randox was awarded a second £347 million contract having failed to deliver on a previous £133 million contract. And we already know the decision was made after a conference call involving the then Member for North Shropshire and the then Health Minister, Lord Bethell.

What we do not know is what happened in those meetings, who else was present, what was discussed and what was decided.

[Tony Lloyd (Rochdale) (Lab)]

My right hon. Friend makes an interesting point about who was at the meetings. It is not just a convention but an absolute necessity that, when a Minister meets a Member of Parliament or, indeed, an outside body, they are accompanied by civil servants who make a record of the meeting. Can we be certain as to whether the Minister was accompanied by civil servants who took those notes?

[Angela Rayner]

My hon. Friend makes a good point. He has been a Member for a long time, and he is aware these conventions and procedures are there to ensure that process is followed and recorded, but we do not know what was said in any of the correspondence before or after, including from private email accounts and phones. We do not know why or how these contracts were awarded. I hope the Minister for Care and Mental Health can give us some insight. We do not know what rules might have been broken and what role the lobbying of the former Member for North Shropshire played in the Government’s decision.

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[Gillian Keegan]

I will pull out that part of my speech now, so that people can hear it. We will give Members what information is held and in scope. We will come back to Parliament and deposit it in the Libraries of the House. We will commit to do that. I would like to press on now.

[Tony Lloyd]

rose—

[Gillian Keegan]

I will give way one more time—and I mean one more time.

[Tony Lloyd]

I am genuinely very grateful to the Minister. I have a lot of respect for her and she should know that. She may not be able to answer this question, but I hope that she will actually say that she cannot answer it. She appeared to say to the right hon. Member for Orkney and Shetland (Mr Carmichael) that he had not been a Minister during this time of national emergency. That is true, but can she be absolutely clear whether she knows if the conversation between Lord Bethell and a representative of Randox was minuted by civil servants, or does she know that it was not minuted, or will she simply not say? It would be helpful for the record today if we had that information. Does she know?

[Gillian Keegan]

Obviously, the hon. Gentleman knows that, personally, I was not there at the time. The meeting to which he refers was a courtesy call from the Minister to Randox to discuss RNA extraction kits. That was declared on the ministerial register of calls and meetings, but I have been unable to locate a formal note of that meeting. By the way, that meeting was after any contracts were let with Randox, which I will get onto.

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[Tony Lloyd (Rochdale) (Lab)]

I am delighted to follow the hon. Member for Amber Valley (Nigel Mills), because I think he has tried to play this whole situation with a degree of integrity. The problem for us all is that it simply is not obvious whether that level of integrity has been followed all the way through.

Corruption does matter. The Prime Minister was very interesting at Question Time today when he used the defence of telling the House—and, through the House, the country—that we should not be talking about corruption because that lets our nation down vis-à-vis the rest of the world. The Prime Minister is absolutely wrong: when there is a whiff of corruption, it is vital that we talk about it and vital that we are seen to be working to uncover it. That is the problem we face.

I have no confidence, this House has no confidence, and nor even do Government Members. Government Back Benchers are not here in any numbers. [Interruption.] Many Conservative Back Benchers were not in for the opening speeches—the Opposition Benches were full—because many of them are concerned about this whiff of corruption. [Interruption.] The hon. Member for Rother Valley (Alexander Stafford) may want to ask me to give way, rather than chuntering away from a sedentary position. I am sure what he was saying was very interesting, but it was inaudible and therefore irrelevant.

[Alexander Stafford]

I am just surprised that the Opposition Benches are empty for an Opposition day debate when so many people claim that they want to discuss the issue. It is your debate. Perhaps you could explain where your Back Benchers are? I am intrigued because your side called it. Do they really care?

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[Madam Deputy Speaker]

We have had quite a lot of that today, including during Prime Minister’s questions. Just do not do it. Let us try to keep to the rules.

[Tony Lloyd]

Quite right, Madam Deputy Speaker. In fact, had you not said that, I would have defended you, in that it is certainly not your debate, except in so far as it belongs to the House and, importantly, to the country, because that is what matters in this issue. It matters that the public have an opportunity to know what went on during this whole saga.

I want to talk briefly about the VIP fast-track situation. In November 2020, I approached Health Ministers about a constituent’s company, Jones & Brooks, which is a printing company that has printed extensively for the national health service. This was at the same time as the VIP fast-track structure was coming in. So good was the VIP fast-track structure for me as an Opposition Member of Parliament that it took me until, I think, July this year to get a proper response, and that was only when I insisted on meeting the Minister for Health, the hon. Member for Charnwood (Edward Argar). To give him credit, once this was brought firmly to his attention—I had done it many times—I got an answer. It was the answer I did not want: my constituent’s company did not get any joy from that exchange. However, what a world of difference there is between companies that can talk to Ministers, be put on a VIP fast track and have the opportunity to be awarded contracts—with or without proper surveillance by those in charge—and those, as in the case of my company, that are given no such consideration.

The Minister for Care and Mental Health has to take that on board because procurement does matter. The opportunity for people to engage in the procurement process matters, because one of the many ways of tilting the weighing scales of life is simply not to allow people even to be in the bidding process. That does matter, and it is the difference between those on the VIP structure and those such as Jones & Brooks and my constituent Ronnie Blair, who were not even allowed to get to the starting blocks. It does matter, because that is actually low-level corruption.

Ronnie Blair, the managing director of Jones & Brooks, offered me no money, and I would not have taken any money anyway. Maybe that is where it goes wrong: if there is no money changing hands, maybe it does not oil the wheels of procurement. That is an outrageous thing for me to say, and it would be much worse were it true. However, it is true, because we know that Owen Paterson was paid, we know that Owen Paterson broke the lobbying rules and we know that Owen Paterson got access to Ministers, but we do not know what difference getting that access to Ministers made. That is the missing link in this whole sad jigsaw. There are so many things we do not know.

Yes, I welcome the fact that the Prime Minister has now moved a long way on this issue. I welcome the fact that the Prime Minister, who two weeks ago was trying to cover up this scandal and this saga of corruption, is now in favour of openness. That is good. The Minister told us earlier that the Government would not vote against the Opposition motion today, and again that is genuine process. However, you—not you, Madam Deputy Speaker, but the Government—are in the slow learner’s lane on this. The public want to see real alacrity, real commitment and belief that things are going to be sorted out, because we have to get to the bottom of this.

The issue of the noble Lord Bethell is now central. We know that Randox was awarded huge sums of public money—half a billion pounds of public money, which is an enormous amount of money. That may or may not be legitimate vis-à-vis the crisis we faced, but we do know that it failed, with 750,000 tests, to deliver a product that actually worked. That is enormously important, and it is enormously important to know why, after that experience, we saw another contract being awarded to the same company, which could not do the work.

That matters, and the public need reassurance that that was not as a result of the weighing scales of life being altered unfairly in Randox’s favour. In the end, we are not talking about something trivial; we are talking about public safety and, in the case of covid, public life and death. The wrong tests could give results that led to people dying, so again this is not a trivial matter that we can simply sweep under the carpet, as other hon. Members have said.

The position of noble Lord Bethell is fundamental on this. The Minister told me that she did not know whether his phone calls were minuted by departmental officials. If they were not, that is outrageous. Being in a crisis is no excuse. There was no crisis in the Minister’s office and there was no crisis meaning that a civil servant could not be on the phone call, and that is simply the way things ought to have been done. We need to know whether those calls were minuted. If any call was not minuted, there is a real problem, because we do not know what other calls the noble Lord Bethell engaged in. That matters because there may be some things we shall never know from a noble Lord who is so, shall we say, casual in his acquaintanceship with his telephone. [Laughter.] It really does matter, because while I am grateful to my hon. Friends for laughing, it would be funny if it were not so serious.

The questions that the noble Lord Bethell has to answer are those that the Government have to answer. It is good that the Minister is committed to ensuring that the scope is properly identified, and I welcome what she said. The motion before the House defines that scope, but the commitment that the Government will honour it is fundamental, and if it is not discharged, that would be outrageous. If it is not honoured that will probably not be the Minister’s decision, but I hope she will take back the message that her reputation is sullied if others refuse to allow this investigation process to be completed.

We have to know what took place. The only way we can give the public confidence in our public life, in politicians, and in public procurement, is if they have a guarantee that when things go right they really have gone right, and that when they go wrong, we will dig and dig until we see what went wrong. We must ensure that those responsible are no longer in that position, and that as far as we can prevent them, such things will never happen again. This situation matters. It is about public money—enormous amounts of public money—but in the end, it is about public wellbeing, life and death.

I suffered from covid. I was in hospital from covid. I saw doctors, nurses and hospital staff of all kinds coming forward when I had covid, and taking the risk that, without proper PPE at the time, I would give it to them. That was early in the whole process, and we may come to the conclusion that such risk was unavoidable. I am very grateful to those who treated me and saved my life, but I am concerned that nobody else should have lost their life because of a dodgy procurement contract. That is why this matters. We have to know.

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[Mr Carmichael]

That is, indeed, an important distinction. I wonder whether the search for these minutes has extended as far as the shredding room. I say to the Minister and the Under-Secretary of State for Health and Social Care, the hon. Member for Erewash (Maggie Throup), who will wind up the debate, that it would be helpful if the House could be told how many other documents might be within the purview of the specification outlined in the motion. That is, how many are similarly difficult to locate?

I caution those on the Treasury Bench that saying that documents and text messages and WhatsApp messages on Ministers’ phones cannot be found only lasts so long as a defence. A full inquiry is coming and the longer that somewhat less than substantial defences are thrown up, and the more dust is kicked up, the worse it will be for Government Ministers at the end of the day. If the information is there, with the knowledge and control of any Government Department, it should be disclosed under the terms of the motion, which the House is going to agree to.

The Minister said a number of times, including when I challenged her, that the Government would define the scope. With respect to her, the Government will not define the scope; it is the House that will define the scope, which has been very clearly laid out in the motion. I do not see what justification or excuse there could be, given the fairly careful construction of the motion, for not disclosing information. More important than that, even if there is a tiny loophole it is a question of doing the right thing and being seen to honour not just the letter but the spirit of the motion, which the House will pass later. That is why, to quote David Cameron again, sunlight is the best disinfectant. We need to have the fullest possible disclosure.

[Tony Lloyd]

This is a convenient time for me to intervene because that is the point I want to put to the right hon. Gentleman. As he knows, ministerial meetings are always minuted, but if documents are missing, what will the public believe if they find out that meetings have not been minuted? Even if it turns out in reality—in God’s time—that nothing bad happened, the public will, rightly, still believe that somebody is trying to pull the wool over their eyes. Put simply, that is part of the distrust in politicians and in Government. We have to clear it up and ensure that we re-establish our reputation.

[Mr Carmichael]

One can only imagine what the public might believe in these circumstances. I fear that it may not be generous. Actually, you know what? It does not just reflect badly on the Government; it reflects badly on all of us in public life. That is why the way in which the Government have approached this whole matter since that dreadful vote two weeks ago has done so much damage to the standing of public life.

I know a bit about this issue because I spent the early years of my legal practice as a member of the civil service. I did my traineeship as a procurator fiscal depute at the Crown Office back in the dark days of the 1990s. We kept everything—we minuted everything—and when we had finished a meeting, we filed the minutes. Those pieces of paper sat in filing cabinets and archives for 30 years or however long it took, at which point they were taken out and put into the public domain. What that process of preparing files for publication taught me was that not everybody in the public service was always very careful in the way in which they filed pieces of paper. Anybody who has ever been in legal practice will know that occasionally papers for one client get mixed with papers for another.

As I say, that was back in the dark ages. I suspect that the notes prepared these days are not handwritten in fountain pens on little pieces of paper. There will be electronic records of them, and those electronic records are virtually impossible to destroy. That is why the question of documents being difficult to find stretches my credulity.

We all have respect for the Minister. When she started her speech, the only Government Members present were two Ministers, two Parliamentary Private Secretaries, a Whip and the hon. Member for Amber Valley. As I have said, I have never seen the House so poorly populated for a debate like this. Indeed, I have to say that I have never seen the civil service Box as thinly populated as it is today. That in itself is quite telling, because it comes back to the way in which the Government approach the issue. The most powerful people in any Parliament are Government Back Benchers, because they have the opportunity to defeat the Government. Anybody who has ever served in a Whips Office knows that. It is welcome that the Government will not contest the motion, but I am still worried about the lack of enthusiasm among Government Members for extracting maximum possible disclosure.

In her speech, the Minister outlined, quite properly and legitimately, the various significant achievements, including the vaccine roll-out. She reminded us of the situation in which we found ourselves in March 2020, when we did not really know what the future held. As the hon. Member for Amber Valley said, we would not have expected every i to be dotted and ever t to be crossed. However, at that point we all gave a significant amount of power to the Government. This House passed the Coronavirus Act 2020, which gives massive amounts of latitude to the Government, because we all felt it necessary to give them the powers to do what was needed in a situation where nobody knew what the future held. What I fear has not been properly understood is that, with those powers, we gave the Government a responsibility, but they and many of those around Government seem to have seen it not so much as a responsibility as an opportunity for enrichment. I say to the Minister and to all her colleagues that that attitude is at the heart of the problem and is, essentially, an abuse of the powers that we gave them when we passed that emergency legislation in March 2020. That is why the motion is so important.

Like every other Member in this House, I frequently sit down with businesses in my constituency and will help them, if possible, to get rid of penalties. That includes people charged for a late VAT return and farmers penalised in a draconian manner for making a minor and unintentional error in their claim for an agricultural support payment. Sometimes we are able to help them; sometimes we have to just shrug our shoulders after we have tried and say, “I’m really sorry, I tried but these are the rules.” Those constituents will only ever listen to me deliver that message again if they can be satisfied that the rules that so adversely affect them also apply to everybody else. The real damage that the Government seek to do in the way they have handled these matters is that they will never again be able to tell other people that they should not be held to the same standard.

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[Anneliese Dodds]

Many thanks to my hon. Friend; she is absolutely right that we have seen failure upon failure upon failure to meet the targets that were set, as she knows very well from her experience in this place and her focus on health matters. I find it extraordinary that the process of the Health Secretary having to call on others so that Randox could deliver what it had promised was described as an example of the “triple helix”. I remember those days very well. I remember academics begging the Government to come to them because they said that they could deliver the testing that our country needed. Were they listened to? We all know what happened: they were not listened to—they were ignored when our country needed that testing. This was an example not of collaboration, but of outsourcing that failed spectacularly on the Conservatives’ watch.

[Tony Lloyd]

My hon. Friend is making an excellent speech. One of the real questions relates to the fact that the Minister told us that those involved in procurement were not constrained whatever by Government and Ministers’ actions. I know not whether that is absolutely accurate or not—we have to find out—but, in any case, did not the procurement process fail at precisely the point at which there was no examination of Randox’s capacity to deliver what it said it would? That is not clever procurement.

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[Maggie Throup]

In a statement on 18 July 2020, the Secretary of State informed the House that a batch of swab test kits were not up to the usual high standard. As a precautionary measure, they were withdrawn, and replacement kits were supplied as soon as possible.

[Tony Lloyd]

The Minister is making a case for the partnership among our universities, our health service and the private sector. She has spent some time praising Randox, whose coffers were stuffed with money. Does she think it would be a good idea to stuff our university research facilities and our NHS testing labs with the same amount of money?

[Maggie Throup]

I visited Nottingham University recently to see the amazing work being done there. Obviously, continued support for our universities is imperative. I know that they do amazing work, as do our hospital laboratories.

We should celebrate these achievements, not criticise them. I want to reassure the House that there have always been strong safeguards behind these contracts, and that they are awarded in accordance with the Public Contracts Regulations 2015. We monitor all contracts and suppliers closely, as would be expected. We judge them against key performance indicators, and we publish contract award notices for all the contracts awarded to provide test and trace services, consistent with the regulatory requirements.