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Procurement Bill [Lords] - Sitting 9

21 February 2023

Proposing MP
Dumfriesshire, Clydesdale and Tweeddale
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses new clauses proposed for the Procurement Bill aimed at providing suppliers with legal recourse to challenge debarment decisions and allowing closed material applications in procurement-related disputes. The statement discusses a new clause proposing a public interest test for contracting authorities considering outsourcing or recontracting public services. The speaker discusses the negative impacts of outsourcing public services, including staff pay erosion and two-tier workforces. The statement discusses the Procurement Bill's new clauses related to public interest tests for outsourcing services and carbon reduction plans for suppliers bidding on large contracts. The statement discusses new clause 5 of the Procurement Bill which aims to introduce carbon reduction targets for large contracts worth £5 million or more. The statement discusses a new clause aimed at ensuring legal consequences for breaches of non-discrimination in procurement due to lobbying by MPs, peers, or senior civil servants. The statement is about a proposed review of the procurement of Fleet Solid Support Ships by the Secretary of State for Defence. Chris Evans is proposing a new clause to require the Secretary of State for Defence to conduct a review of the procurement of fleet solid support ships. The statement addresses new clause 7 of the Procurement Bill, which mandates a review of the procurement of fleet solid support ships programme. The statement addresses the issue of waste in Ministry of Defence procurement and proposes new measures to address it. The statement addresses the Procurement Bill and discusses the proposed new clause regarding procurement transactions. The statement addresses a new clause concerning the procurement of support services for victims of violence against women and girls. The statement addresses concerns about the Procurement Bill's lack of emphasis on social value in procuring services for victims of violence against women and girls (VAWG). The statement discusses new clause 18 of the Procurement Bill, which would allow public authorities to choose not to buy goods or services from countries based on their human rights record. The statement addresses a proposed new clause that would allow public authorities to consider human rights records when deciding on procurement decisions. The statement is about thanking Committee members for their engagement and acknowledging the conclusion of the Procurement Bill's proceedings.

Action Requested

The clauses have been brought up, read, and added to the Bill. They aim to introduce provisions for interim relief in debarment cases, allow closed material procedures in certain proceedings, provide authority to deal with trade dispute consequences on procurement, enable the Minister for the Cabinet Office to apply for closed material applications under Part 9, and permit disapplication of Act provisions for NHS procurement in England.

Key Facts

  • New Clause 9 allows suppliers to seek suspension of debarment decisions through court proceedings.
  • New Clause 10 permits the Minister for the Cabinet Office to make closed material applications in specific debarment cases.
  • New Clause 12 enables similar closed material procedures under Part 9 of the Bill.
  • The new clause would apply when contracting authorities are considering outsourcing services currently delivered in-house or renewing contracts.
  • Contracting authorities must demonstrate the benefits and impacts of outsourcing against criteria set by the Secretary of State.
  • The clause requires monitoring the performance of outsourced services against the public interest test.
  • Outsourcing has led to erosion of staff pay and working conditions.
  • A two-tier workforce is created with directly employed and contractor staff facing different terms and conditions.
  • New clause would require a pre-procurement test for outsourcing services, assessing various criteria including service quality, value for money, local economy impact, public accountability, employment conditions, climate change targets, and equalities policies.
  • The Government’s commercial function reviewed what is outsourced, why, and how after Carillion's collapse.
  • The sourcing playbook supports a range of delivery models including in-house, outsourcing, and grant making.
  • New Clause 3 would require public interest tests for outsourcing or continuing to outsource services.
  • New Clause 5 would mandate carbon reduction plans from suppliers bidding on contracts over £5 million annually.
  • New clause 5 would require contracting authorities to obtain carbon reduction plans from suppliers for contracts above £5 million.
  • In 2021, the Government implemented a procurement policy requiring suppliers to provide carbon reduction plans for major contracts.
  • The Bill aims to reduce regulatory burdens and support SMEs in winning government contracts.
  • New clause would disapply section 31(2A) of the Senior Courts Act 1981.
  • The clause aims to provide relief when lobbying by MPs, peers, or senior civil servants results in unequal treatment during procurement processes.
  • Section 31(2A) prohibits courts from granting relief where it is highly likely that the conduct complained of did not make a significant difference to the contracting authority’s decision.
  • By the end of 2023, the Secretary of State for Defence must conduct a review of Fleet Solid Support Ships procurement.
  • The review will consider UK build work amount, number of jobs and SMEs involved, UK content guarantees, steel targets, social value, and project timelines.
  • Navantia UK is mentioned as a contracting entity.
  • A report on the findings must be published by Parliament by the end of 2023.
  • The £1.6 billion contract for fleet solid support ships was awarded to Navantia UK in November 2022.
  • At least 40% of the value of the work, about £640 million, will go abroad.
  • Team UK’s bid would have generated more than 6,000 jobs and supported a full onshore build of the ships.
  • Navantia UK was registered only in May with no trading history and directors based in Spain.
  • Only 23% of the Ministry of Defence procurement spend went to SMEs in 2020-21.
  • GMB estimates that £285 million would have been returned to taxpayers if the contract were awarded to Team UK.
  • The MOD has 42 out of 45 projects not on time or on budget.
  • The new clause mandates a review of the fleet solid support ships (FSS) programme and requires findings to be published by the end of the year.
  • Monitoring is part of the MOD’s approach through regular governance forums like the project delivery board and recapitalisation and social value committee.
  • The contract will bring hundreds of jobs to the UK, with most manufacturing activities taking place in UK shipyards in Belfast and Appledore.
  • The Labour party’s dossier found that £15 billion has been wasted since 2010, with £5 billion wasted under the current Defence Secretary.
  • Examples of waste include £595 million written off from the Warrior programme and £64 million due to administrative errors.
  • Ajax project delays cost an extra £1 billion or more, now six years behind schedule.
  • The National Audit Office (NAO) conducts yearly audits on the defence equipment plan.
  • Independent scrutiny of defence programmes is undertaken by the Infrastructure and Projects Authority.
  • The Government’s defence and security industrial strategy was published in March 2021.
  • The proposal will happen within the lifetime of this Government.
  • The Government are committed to delivering on it and learning from experiences abroad.
  • The Committee divided: Ayes 5, Noes 7.
  • Last year's nationally representative survey by Women’s Aid showed that 14% of the population and 33% of women prioritized tackling VAWG as a top issue.
  • In 2020-21, over 62% of initial referrals to refuges were turned away.
  • As of 2022, there is a 24% average shortfall in refuge spaces across England.
  • New clause 18 would enable public authorities to choose not to buy goods or services from countries based on their human rights record.
  • Public authorities cannot single out individual nations but must apply the policy consistently.
  • The Secretary of State is required to publish guidance within six months of the Act's passage.
  • New clause 18 would enable public authorities to choose not to buy goods or services from countries based on their human rights records.
  • The clause aims to prevent the singling out of individual nations but could still result in excluding suppliers from entire nations without considering individual supplier involvement.
  • Schedules 6 and 7 of the Bill already contain exclusion grounds targeting serious risks, including modern slavery and human trafficking.
  • David Mundell acknowledges Ms Blackman's earlier thank you on Thursday 9th.
  • The Minister thanks Mr Efford for chairing the committee.
  • The Procurement Bill is reported as amended.
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