Commons Sense

House of Commons · Ministerial Statement

Covid-19: Government’s Publication of Contracts

09 March 2021 · 39 other contributors

Opened by Edward Argar Con Melton and Syston

NHS

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Edward Argar raised concerns about covid-19: government’s publication of contracts in the House of Commons. A government minister responded. Other MPs also contributed.

Key points

  • Government delivered over 8.8 billion items of PPE to more than 58,000 locations in England
  • Minister highlighted the High Court ruling and the need for transparency
  • Commitment to publish details of contracts despite unprecedented circumstances

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Government Statement

The Minister of State provided an update on the Government's efforts to procure Personal Protective Equipment (PPE) during the pandemic. He highlighted that over 8.8 billion items of PPE have been delivered to various settings, including more than 58,000 different locations in England. The statement addressed a High Court ruling and emphasised the importance of transparency while acknowledging the unprecedented circumstances faced by the Government. Argar reiterated the commitment to publish details of contracts as required by regulations and stressed that there was no deliberate policy to delay publication.

Other contributors (39)
  • Rachel Reeves Lab Leeds West

    Question

    This question and answers matter because frontline workers were not adequately protected with high-quality PPE during the pandemic. The Government ran down the PPE stockpile, contracts were handed out to friends of the Conservative party without transparency, and a High Court ruled that the public was entitled to see who this money went to and how contracts were awarded. Why did the Prime Minister falsely claim contracts are on record for everyone to see when 100 contracts remain unpublished? Will the Government publish all remaining contracts by the end of the week?

    Minister reply

    The Minister acknowledged the importance of transparency in procurement processes but highlighted the urgency and exceptional circumstances faced during the pandemic. He stated that the Prime Minister's comments were accurate at the time, addressing specific judicial reviews rather than overall contract publication delays. The Government is working to publish all required contract award notices (CANs) as needed.

  • Question

    Will the Minister confirm that the Government now follows standard procurement processes and provide details on the percentage of contracts from a year ago that have been published, along with timelines for publishing the remaining ones?

    Minister reply

    The Minister confirmed that robust procurement measures are followed under normal circumstances. Regulation 32 was invoked during the pandemic to expedite PPE procurement due to exceptional circumstances. The Government is ensuring full compliance with transparency regulations going forward.

  • Stewart Hosie SNP Dundee East

    Question

    Some 94% of contracts awarded before 7 October were, unlawfully, not published in time and, as of late last week, 100 are still not published. Some 58% were awarded without a competitive tendering process. There are conflicts of interest, inadequate documentation, a high-priority crony lane and then the Prime Minister announcing that all of the contracts were on record for everybody to see. When he said that, it was simply not correct. Is the Minister concerned about this failure in transparency?

    Minister reply

    The right hon. Gentleman highlights accurately the 94% of contracts published late, and we accept this as a fact. The Department has published all CANs related to this matter. The percentage of contracts procured without competitive tendering is appropriate under regulation 32. There are no inappropriate conflicts of interest in contract awards, and the Prime Minister leads from the front.

  • Ben Spencer Con Runnymede and Weybridge

    Question

    This time last year, there was a desperate need to secure PPE urgently when it became one of the most sought-after commodities globally. I congratulate the Department on its efforts to keep my residents safe. Does my hon. Friend agree that we need to look at how procurement procedures can be improved during national crises or future pandemics?

    Minister reply

    My hon. Friend is right in setting the context for the demand and supply issues of PPE last year. The global surge in demand was a significant challenge, but all Governments should learn from this event to ensure better preparation for future events.

  • Caroline Lucas Green Brighton Pavilion

    Question

    On 22 February, the Prime Minister claimed that all contract details were on record. Two days later, when the Minister was questioned, he did not mention the 100 contracts still unpublished. Why was this inaccurate reply not corrected two days later by the Minister?

    Minister reply

    At the time of the question to the Prime Minister, we had published all contract award notices subject to the Court case and I believe the Prime Minister spoke accurately.

  • Marco Longhi Con Surrey North East

    Question

    Notwithstanding the answer given by my hon. Friend, does he agree with constituents that during a national emergency, the British people want focus on saving lives over prioritising red tape?

    Minister reply

    The priority was to ensure PPE procurement in the quantities needed for the frontline, and we did this in an incredibly challenging environment. The Court judgment found no policy of deprioritising transparency but that the bar was not met.

  • Meg Hillier Lab Co-op Hackney South and Shoreditch

    Question

    The Chancellor of the Duchy of Lancaster is missing in action, and the Health Minister has come to talk about how urgent it all was at the beginning of the pandemic. With contracts worth more than £10 billion awarded without tendering action between the beginning of the pandemic and July, can the Minister give a firm commitment that from now on every contract will be published in time?

    Minister reply

    We have published 100% of CANs for contracts awarded by DHSC. I recognise the vital importance of transparency for building trust and allowing scrutiny, and we are doing everything possible to ensure this.

  • John Redwood Con Wokingham

    Question

    I am quite sure that Ministers want these contracts published. Will the Minister confirm that in the emergency phase all those contracts were negotiated and vetted by independent professional civil servants, and it was not a case of friends of Ministers?

    Minister reply

    All contracts went through an eight-stage process of assessment by independent civil servants who know commerce and procurement. No aspersions are cast on their judgment.

  • Munira Wilson Lib Dem Twickenham

    Question

    Given the number of fast-track VIP contracts resulting in unusable PPE, will the Minister commit to recovering public money from companies that did not meet contractual obligations? Might those hundreds of millions have been better spent on a decent pay rise for NHS staff?

    Minister reply

    We are undertaking an audit and already pursuing cases where PPE either failed to deliver or was not up to standard, and we will recoup the money.

  • Gagan Mohindra Con South West Hertfordshire

    Question

    The Court’s judgment focused solely on the publication of contract notices. Does my hon. Friend agree that the Opposition are wrong to play politics and misrepresent the Court’s opinion in this way?

    Minister reply

    My hon. Friend is correct; the Court considered whether the Government met the simple binary of publishing notices within required timeframes and found they did not, but also found against claimants on no policy of deprioritising transparency.

  • Jim Shannon DUP Strangford

    Question

    Would the Minister outline the intention for timely competition in line with the comprehensive judicial review judgment? Does he have any update on moneys recouped from faulty or unusable contracts?

    Minister reply

    The Government recognise the importance of transparency and will comply fully with the Court's requirements. An audit is being conducted to identify non-delivered or faulty PPE for potential money recoupment. Contracts cancelled up to £400 million have been done so for various reasons, not just due to inadequate PPE.

  • Question

    Has the largest diagnostic network in British history been created during this pandemic, delivering around 90 million tests and contacting over 9 million people?

    Minister reply

    The achievement of creating a large diagnostic network is highlighted as testament to frontline health and care workers' hard work. It reflects the partnership between various sectors working together against the disease.

  • Debbie Abrahams Lab Oldham East and Saddleworth

    Question

    Was it factually untrue for the Prime Minister to state last month that 100 contracts had been published when some were still outstanding?

    Minister reply

    According to the details of the contract award notices, all contract awards had been published by the date mentioned in the Prime Minister's remarks.

  • Liz Twist Lab Blaydon and Consett

    Question

    Why is money being spent on faulty contracts without providing NHS staff a deserved pay rise?

    Minister reply

    The Government worked tirelessly to secure necessary PPE for frontline workers during the pandemic. The focus was on ensuring safety of frontline personnel.

  • Question

    Does my hon. Friend agree that political sniping by the Opposition is contrary to what people expect and want from politicians?

    Minister reply

    The public expects Parliament members to focus on fighting the virus, protecting NHS, and rolling out vaccines; transparency is important but not at the expense of frontline safety.

  • Question

    Does the Government accept responsibility for the judgment handed down by a court of law?

    Minister reply

    The Government fully accepts and respects the Court's judgment.

  • Question

    Will new UK health contracts require businesses to employ apprentices above public sector targets as part of their workforce?

    Minister reply

    Colleagues in Cabinet Office will be happy to discuss how greater use of apprenticeships can be incorporated into procurement decisions.

  • Question

    Did the Secretary of State seek Welsh Government's agreement before awarding contracts without competitive tendering, and did Wales raise concerns independently?

    Minister reply

    The UK-wide procurement process involved invoking regulation 32 for urgent need; collaboration was maintained with Welsh Government throughout.

  • Edward Leigh Con Gainsborough

    Question

    Are the central charge that contracts were awarded to cronies and lack of evidence for improper civil service involvement acknowledged?

    Minister reply

    Decisions were made following an eight-stage process by civil servants, with no conflict-of-interest found; National Audit Office should continue its work independently.

  • Rachel Hopkins Lab Luton South and South Bedfordshire

    Question

    Would timely transparency reporting on £1.7 billion contracts via the VIP fast lane have been better than waiting for a court judgment?

    Minister reply

    Department officials were working to meet transparency requirements by December; judicial review judge acknowledged Department's progress in reducing backlog.

  • Question

    In the teeth of the global pandemic and facing unprecedented global demand for vital supplies, does my hon. Friend agree that the Government’s ability to secure over 32 billion items of PPE— including many items supplied from businesses in the Calder Valley and Leeds West—is a testament to the hard work and ingenuity of British businesses?

    Minister reply

    My hon. Friend is absolutely spot on, highlighting the amazing effort by British business which stepped up during this country’s hour of need to repurpose their production lines and source PPE. The Government moved from 1% to 70% of needed PPE being produced in Britain.

  • Andrew Slaughter Lab Hammersmith and Chiswick

    Question

    The Government either have something to hide or they are staggeringly incompetent, so will the Minister see that I get answers to the further questions on consultants tabled on 19 January? And will the Government now support my Freedom of Information (Extension) Bill?

    Minister reply

    On transparency issues, if he can provide written parliamentary question numbers after this session, a response will be expedited. On the former point, the Government look carefully at suggestions made to them.

  • Question

    Does the Minister agree that sending PPE out to users was the Government’s top priority and getting right the supporting paperwork should not jeopardise that speed of delivery?

    Minister reply

    The absolute priority must be to get the kit to save lives, as highlighted by my right hon. and gallant Friend.

  • Zarah Sultana Lab Coventry South

    Question

    Almost £2 billion has been handed to Conservative party friends and donors in dodgy covid contracts. Does the Minister believe that it is appropriate for the Conservative Government to hand out fortunes—public money—to Conservative party donors?

    Minister reply

    No evidence of inappropriate conflicts of interest or involvement by Ministers was found, and what matters here is whether companies supply what is needed.

  • Question

    How many people does my hon. Friend estimate came to direct harm because of a late submission of that paperwork, as opposed to those who would have come to direct harm had PPE and medical supplies been delivered late?

    Minister reply

    The priority for this Government was to get the PPE needed in quantities to save lives.

  • Question

    Despite the Minister’s protestations and despite the huge amount of money that was spent, the equipment did not get anywhere near the frontline in social care. Does he understand that all of that taken together creates a bad smell? Does he agree that the best way to get rid of that bad smell is to have everything published?

    Minister reply

    We went from supplying PPE to 226 NHS trusts in England to 58,000 organisations. We also expanded supply chains to ensure social care settings could access it.

  • Question

    Mr Speaker, do you recall photographs of nurses wearing bin liners? Does my hon. Friend the Minister not agree with me that the priority must be for the delivery of PPE?

    Minister reply

    The overall priority was to get the PPE to the frontline, which we did through an incredibly overheated and challenging global market.

  • Jeff Smith Lab Manchester Withington

    Question

    The Minister rightly said that transparency mattered, so when will the Government publish the full details and criteria of how businesses got into the fast lane?

    Minister reply

    Contracts were assessed independently by civil servants through eight stages. Those contracts that met rules for contract award notices publication have been published under CAN regulations.

  • Question

    Does my hon. Friend agree that our rapid response to procuring and delivering PPE to frontline workers has been essential in keeping them safe? Will he work even harder to increase the percentage so that even more PPE is made in the UK?

    Minister reply

    The Government must continue to work with British business, allowing it to innovate and develop its ability to meet UK need.

  • Matt Western Lab Warwick and Leamington

    Question

    The businesses up and down the country feel as though they were misled by the Government. They encouraged them to expand capacity for PPE manufacturing, yet Government middlemen mates were 10 times more likely than they were to win contracts. Can the Minister set out when he will publish the details of all the contracts, including establishment dates and contract durations?

    Minister reply

    The Government will meet their legal obligations to publish contracts under regulation 50 and CAN requirements for information publication. All contracts that meet CAN criteria have been published by the Department of Health and Social Care directly.

  • Mike Wood Con Kingswinford and South Staffordshire

    Question

    Does my hon. Friend accept the finding of the NAO report that no health trust in the UK went without PPE? My constituents rightly expect transparency in procurement, but most would not want pursuing paperwork to be prioritised over providing proper protective equipment.

    Minister reply

    My hon. Friend is right. The No. 1 priority last year was to secure and deliver PPE. The NAO report reflects that NHS organisations were able to get what they needed in a challenging environment.

  • Question

    The Ministerial Interests (Emergency Powers) Bill, introduced by my hon. Friend the Member for Midlothian (Owen Thompson), will go forward to Second Reading and should help with Government's court and publication difficulties. Does the Minister agree that we need greater scrutiny and stringent regulations on issuing government contracts?

    Minister reply

    I highlighted transparency as crucial. This is the second time in two weeks I have answered questions here, showing scrutiny. The Government will look at the private Member’s Bill in the usual way.

  • Kim Johnson Lab Liverpool Riverside

    Question

    Nurses put their lives on the line but received only a 1% pay rise while the Govt handed out billions to private companies for PPE that did not meet standards, and to Serco for a failed track and trace system. Does the Minister agree this is a kick in the teeth?

    Minister reply

    The Government secured contracts delivering 8.8 billion pieces of PPE to date.

  • Question

    More than 70% of PPE now made in UK, whereas it was less than 1% before the pandemic. The expansion of over 22,000 ventilators shows an incredible job done by this Government. Does my hon. Friend agree Labour’s point-scoring is not needed at this time?

    Minister reply

    We worked together to meet PPE need and built capacity for UK businesses.

  • Chris Bryant Lab Rhondda and Ogmore

    Question

    The Minister's praise is undeserved. The truth is the Government did not get PPE out fast enough, especially in care homes. I am not buying nonsense about focus being on that which meant transparency could not be dealt with. Some people enriched themselves during this pandemic and it looks like corruption.

    Minister reply

    The challenges faced are acknowledged; the number of organisations supplied centrally increased from 226 to 58,000. PPE purchases were ramped up. The contracts went through an eight-stage assessment process by civil servants.

  • Question

    Throughout the pandemic, the Government focused on securing as much PPE as possible as fast as possible. Can my hon. Friend confirm that all those PPE contract notices with delays in publication are now in the public domain?

    Minister reply

    I can confirm that the contract award notices for the contracts awarded directly by the Department of Health and Social Care are now in the public domain.

  • Question

    Will the Minister tell us how much was paid out under the contracts in advance of delivery, how much has actually been clawed back for services or products not delivered, and how much the Government are still to pursue in repayments?

    Minister reply

    As part of an audit required to assess stockpiles, we will pursue with any who did not meet requirements the recouping of that money for the public purse.

  • Bob Blackman Con Harrow East

    Question

    Last year, the shadow Chancellor of the Duchy of Lancaster wrote: “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.” Can my hon. Friend say that the Government have done what she wanted and have delivered for the people of this country?

    Minister reply

    I argue that is exactly what the Government have done.

Shadow Comment

Rachel Reeves

The shadow minister criticised the lack of transparency in PPE procurement, highlighting concerns about contracts awarded without proper scrutiny and transparency. She mentioned that the Good Law Project took the Government to court due to unlawful actions regarding contract publication delays. The Labour MP urged the Minister to apologise for misleading statements made previously and publish all remaining 100 contracts by the end of the week. Additionally, she asked for information on failed contracts and businesses that received preferential treatment.

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