Procurement Bill [Lords]

Debbie Abrahams Excerpts

Report stage
Tuesday 13th June 2023 Commons Chamber

[Bob Seely]

I agree completely and I thank my right hon. Friend for that point. I would not even like that dependency on our allies. Would I like that level of dependency on the United States? No. On Australia? No. But to have that level of dependency on a Communist dictatorship that is investing massively in AI and big data to spy on their own people and increasingly on us as never before, to threaten peace in the Pacific, and to have a stated aim of dominating while freeing itself from dependency on the west, is really an extraordinarily dangerous position for us to find ourselves in.

We know that Chinese Communist party companies such as Huawei actively seek to gain a monopoly position by systematically destroying economic rivals. That is not fair trade; it is trade as a weapon for a Communist party dictatorship. It did it with Huawei, undercutting and deliberately destroying rivals on price through cheap subsidies. It is now doing the same with cellular modules, seeking to dominate and take control of the market. It does that through IP theft, economic espionage, subsidy, access to super-cheap finance, shared technology and other forms of state support.

Companies such as Quectel and Fibocom—the manufacturers of cellular modules—will, like Huawei, claim to be private. They are not. Nothing is private, as my right hon. Friend the Member for Chingford and Woodford Green said, in a Communist state. It was profoundly depressing for me, a couple of years ago, to hear two former senior Conservative Ministers, who should know better, say that Huawei was a private company. That is a rather more serious way of accidentally misleading the House than whether somebody ate cake or not, but that is another matter.

What are the dangers? We know that the Chinese leadership see themselves as being in competition with the west. Why? Because they tell us. A 2013 “Document No. 9” concludes that western constitutional democracy and universal values were a fundamental threat to the PRC. Of course our values are a threat to dictatorships. Our values are always a threat to communists. Earlier this year, a work report delivered to the National People’s Congress set out the belief that

“external attempts to supress and contain China are escalating”,

and the term “self-reliance” appeared multiple times. Again, the idea is to create dependency on China for us, while at the same time freeing China from dependency.

What is the worst-case scenario? Frankly, it has happened in Russia, so we should at least be alive to the idea that the worst-case scenario may be happening in the Pacific.

President Xi has told his army to be ready to re-take Taiwan by 2027. As I said, let us please stop pretending that dictators do not mean what they say, because they have a depressing habit of meaning what they say. I wish they did not; I wish they would overpromise and underdeliver, but they tend to do what they promise.

Either the UK is militarily involved or it is not. Either way, an assault on Taiwan, either by slow strangulation—a sort of Berlin scenario—or direct invasion, would profoundly alter the state of the world. We would have to put on the mother of all sanctions. The minute we do that, we will risk not only a global economic meltdown, but an economic meltdown probably worse than covid. It will strain to breaking point our relationship with the United States, the European Union and Australia—and not just our relationship but the interdependent relationships.

I am not saying that will happen—although, I think we are heading in that direction—or that we should stop trading with China; I am saying that it makes a great deal of common sense, frankly, to know what our levels of dependency are. That is why I would love the Minister to commit to at least developing an understanding of what our trade dependency is.

There is another reason to be concerned about supply chains: what is happening in the Xinjiang Uyghur autonomous region, which other Members have rightly mentioned. A 2022 UN report found serious human rights violations in the region. They seem to be about the most significant human rights abuses currently happening in the world, whether we use the “G” word or not—genocide. The Xinjiang Production and Construction Corps alone produces 8% of the world’s cotton. China overall produces 20% of the world’s supply of cotton. Effectively, this is a new slave trade in cotton, as shocking as that sounds. It is not happening 200 hundred years, in the 19th century, in the southern United States; it is happening now, in the early 21st century, in Chinese-controlled central Asia.

There are many other things coming out of the Xinjiang province that tell the story of using forced labour, as both Opposition and Government Members have eloquently spoken about. There is forensic technology available, which we could be using in this country, that can pinpoint the region of origin for items tainted by modern slavery, such as cotton. When it comes to new clause 60, on eradicating slavery and human trafficking in supply chains, I ask the Government to set an example by saying that we will, at the very least, commit—a good Government word—to bringing in that forensic technology within a period of time. That would enable us to understand whether western companies are using slave cotton—an incredibly horrible phrase to use in this age—in their manufactured goods.

Finally, we have spoken about Chinese surveillance technology, and I speak again in support of new clause 1. We have got to get this stuff out of the country for a start. As my right hon. Friend the Member for Chingford and Woodford Green says, with all the dual-use capabilities and new styles of conflict, not just in conventional military but in data domination, it is really difficult nowadays to say where security starts and finishes.

In summation, we need to understand, as a critical matter of national importance, our supply chain dependency on any country, but specifically China. I implore the Government to use the Bill, even at this late stage, to bring in a statement of dependency so that we can begin to understand and to take measures to work out not how to stop trading with China, but how to trade more safely. That way, if we need to take sanctions in future, and for the health of our relationship with that superpower, we can begin to work out how to diversify our supply chains in future and, at the same time, do something about the horrors happening in Xinjiang.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I rise to speak to my new clause 12 on the protection of subcontractors’ payments under construction contracts. As the explanatory statement describes, the new clause

“ring-fences moneys due to subcontractors in construction supply chains through mandating the use of project bank accounts and ensuring that retention moneys are safeguarded in a separate and independent account.”

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Amendments 64 to 66 seek to add various offences relating to economic crime as mandatory exclusion grounds. I believe that my hon. Friend the Member for Amber Valley suggested in his speech that a conviction for bribery was not a ground for mandatory exclusion. I can assure him that it is. A discretionary cause for exclusion is the failure to prevent bribery. There is a distinction between the two.

[Debbie Abrahams]

I just want to make sure that the Minister has not forgotten my new clause 12.

[Alex Burghart]

I absolutely have not, and I am very much looking forward to getting to it after I gone through the intervening amendments. I appreciate the hon. Lady’s enthusiasm.

The mandatory grounds for exclusion cover the types of misconduct that raise only the most serious risks for contracting authorities. We have strengthened the mandatory grounds significantly in comparison with the EU regime, but they cannot and should not cover every offence that could raise a risk to contracting authorities. However, I can offer reassurance that the offences in question could justify discretionary exclusion on the ground of professional misconduct. This means that contracting authorities would have the flexibility to consider excluding the supplier, but could also factor in the nature of the contract being tendered and other relevant considerations in exercising their discretion.

Amendment 67 seeks to add a discretionary exclusion ground where there is evidence of financial and economic crime activity but there has not been any conviction of the listed offences. These concerns would already be caught by the ground of professional misconduct, which permits contracting authorities to weigh up the available evidence in the context of their procurement and use their discretion in determining whether an exclusion would be appropriate.

New clause 9, tabled by the hon. Member for Richmond Park (Sarah Olney), revisits the issues we discussed in Committee on the application of this Bill to certain healthcare services. New Clause 9 would insert a new clause 119 that would amend the Health and Care Act 2022, effectively deleting the power that enables the Department of Health and Social Care to make bespoke procurement regulations for the purposes of certain healthcare services, known as the provider selection regime. Amendment 13 deletes the existing clause 119 that provides a Minister of the Crown with a power to disapply the Bill to enable the provider selection regime regulations to be applied to those healthcare services.

The combined effect of these two amendments would be to stop the Department of Health and Social Care making separate procurement rules for certain healthcare services, and make the Procurement Bill apply to all healthcare services instead. As was discussed in Committee, the idiosyncrasies of healthcare delivery necessitate some special rules. The decision to create a free-standing scheme of healthcare-specific rules was taken in 2021 to give the NHS the tools required to deliver more joined-up patient pathways through the health system and to avoid some of the problems of double regulation of both the existing healthcare rules and the standard procurement rules. Significant effort has been expended and invested in consulting on and developing that free-standing scheme over several years now. All sides of the marketplace, including commissioners and providers in the healthcare industry, are expecting this new scheme to be delivered promptly to meet the policy aspirations that they have been so extensively consulted upon.

The Procurement Bill does not address any special measures tailored to support the healthcare reform made by the Health and Care Act 2022, as these measures have always been intended to be provided for in the new provider selection regime regulations. For example, the provider selection regime would permit direct awards to be made in defined circumstances, such as critical A&E services, that cannot be disrupted or when a certain provider is required to play a pivotal role in an integrated healthcare system. It would be incredibly unhelpful for both schemes at this critical stage, when both these healthcare regulations and the Procurement Bill are on the cusp of delivery, to start attempting to unpick it all now. Doing so would add unacceptable and entirely avoidable costs and delays to both programmes, for no tangible benefit. It would also mean more NHS contracts being subject to the rules of the Procurement Bill without due consideration of the exemptions and specific arrangements required to safeguard sustainable and joined-up delivery of NHS services to patients.

Of course Parliament will have its rightful opportunity to scrutinise the provider selection regime regulations, but it cannot be right to do this through the Procurement Bill for the purpose of killing off a near-ready scheme that supports important healthcare reforms that have already been debated and agreed by Parliament in the Health and Care Act.

Amendment 14, also tabled by the hon. Member for Richmond Park, would explicitly name the NHS in the definition of a contracting authority, a matter also discussed in Committee. Although I understand and entirely agree with the view that NHS bodies should be contracting authorities within the scope of this legislation, there is no need for any amendment in this respect, as the Bill already applies to NHS bodies in its current form.

New Clause 10, tabled by the hon. Member for Vauxhall, would require the submission of a tax report where a bidder is a multinational supplier. The tax reports of winning bidders would then be published. I understand that the aim of this amendment is to encourage contracting authorities to favour suppliers that can demonstrate responsible tax conduct. However, hon. Members will know that the basis on which contracts must be awarded under the Bill is by reference to award criteria that relate to the contract being tendered, not to other matters such as where a supplier pays tax. This is the right principle to deliver value for money for the taxpayer. Crucially, it is also a feature of the UK’s international obligations under the World Trade Organisation’s Government procurement agreement. Of course, the Government expect businesses to take all necessary steps to comply with their tax obligations. It is for His Majesty’s Revenue and Customs to enforce the law on tax, and indeed UK-based multinational enterprises are required to make an annual country-by-country report to HMRC.

Turning to amendment 2, tabled by the right hon. Member for Ashton-under-Lyne (Angela Rayner), we consider that the Bill already has the balance right in terms of achieving greater transparency on direct award. Indeed, save for the small subset of user-choice contracts, it will now be mandatory to publish a transparency notice declaring an intention to award a contract in every case. This will include confirmation of the contracting authority having undertaken a conflicts assessment prior to signature of the contract.

In addition, the Bill also requires the conflicts position to be kept under review and to be revised at key points in the procurement, which will be confirmed via the contract details notice, after the contract is signed. This further ensures contracting authorities comply with ongoing statutory requirements contained in the Bill. Of course, we are all aware that MPs and peers are already required to register their interests, and civil servants are required to confirm annually that their declarations of interest are up to date. Furthermore, the Bill includes an additional safeguard in clause 83(4) so that where

“a contracting authority is aware of circumstances that…are likely to cause a reasonable person to…believe there to be a conflict”

these must also be addressed. We take these matters very seriously, and there is no need for additional provision to cover this issue. We will continue to work with contracting authorities to show that they know the requirements around conflicts of interest and that they are implemented effectively.

On new clause 12, I welcome the ongoing efforts of the hon. Member for Oldham East and Saddleworth (Debbie Abrahams) to improve liquidity for small businesses, including by advocating for and championing the increased use of project bank accounts. We recognise the energy and enthusiasm she brings to that campaign.

As I said in Committee, project bank accounts are most often an effective way to ensure fair payment and to protect suppliers, and they are already the Government’s preferred vehicle for construction contracts where it is cost-effective and cost-efficient. Government Departments have made a commitment to use PBAs in construction projects unless there are compelling reasons not to do so. However, it is not the Government’s position that PBAs should be mandated across all contracting authorities, as they are not always suitable or cost-effective, particularly where the subcontractor is very small or is paid more frequently than monthly, or where the supply chain is short. Instead, we intend to continue educating contracting authorities, through guidance, on the circumstances in which we believe PBAs are practical and effective.

[Debbie Abrahams]

I remind the Minister that new clause 12 covers contracts worth over £2 million, so it is not for all contracts.

[Alex Burghart]

I accept the hon. Lady’s point, but there are other circumstances to consider, which I have just outlined.

We are already working with industry to discourage the withholding of retentions by supporting zero retention for high-quality work pilot projects and reducing the default rate of retentions within certain types of contract to zero. However, we do not support dictating the operation of construction contracts to the degree proposed.

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[The Minister for the Cabinet Office and Paymaster General (Jeremy Quin)]

I beg to move, That the Bill be now read the Third time.

I stand here today proud of the progress we have made to deliver an important manifesto commitment. The Procurement Bill constitutes a vital piece of legislation following our exit from the European Union, which allows us to set our own rules that will work best for the UK. I am delighted to say that we will sweep away bureaucratic regulations and broaden opportunity to small businesses right across the country.

One in every £3 of public money, some £300 billion a year, is spent on public procurement. For too long, modern and innovative approaches to public procurement have been bogged down in bureaucracy. We are changing that. The Bill simplifies our public procurement rules, cutting down the 350 different procurement regulations to create a single rulebook. This will create a more efficient, innovative and friendly procurement system, increasing value for money and opening up public contracts to small businesses, in turn supporting the Prime Minister’s commitment to grow the economy.

[Debbie Abrahams]

Will the Minister give way?

[Jeremy Quin]

I keep promising my colleagues that I will be brief, but I will always give way to the hon. Lady.

[Debbie Abrahams]

The Minister is being very generous with his time. He will not be surprised by my question. I was a little disappointed that my new clause 12, on introducing and mandating project bank accounts, was disregarded. I mentioned the estimate that 6,000 small construction firms will go into insolvency this year. What is the Department’s analysis of how that might be prevented by project bank accounts?

[Jeremy Quin]

I am sure I could try to produce a one-hour solution, or I could be more direct with the hon. Lady. I know she has raised this issue on numerous occasions, but she and I have not spoken about it one-on-one. If she wishes to speak to me about it, we could have a meeting, if that would help. I might learn something from it or I might be able to inform the hon. Lady, but if she wishes to do that, I will make certain that we have that opportunity.

List of Ministers’ Interests and Ministerial Code

Debbie Abrahams Excerpts

Monday 24th April 2023 Commons Chamber

[Alex Burghart]

The hon. Gentleman, I am sure, as a member of PACAC, will have read Sir Laurie Magnus’s list, published last week, in which he outlines that Ministers are doing what they are expected to do and that permanent secretaries are helping them to do so.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

There are so many loopholes in the regulatory system for all the codes of conduct, but in that of the ministerial code in particular. The so-called Independent Adviser on Ministers’ Interests is anything but independent, and unable to initiate their own investigations or to decide on what sanctions are appropriate. When will the Government adopt my Elected Representatives (Codes of Conduct) Bill, which I introduced at the beginning of the year to close the existing loopholes?

[Alex Burghart]

With all due respect to the hon. Lady, it is completely the case that the Independent Adviser on Ministers’ Interests is independent. He is independent and he conducts his duties accordingly in that role.

International Trade and Geopolitics

Debbie Abrahams Excerpts

Thursday 20th April 2023 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

It is an absolute pleasure to follow that very detailed and impressive speech from my hon. Friend the Member for Bristol North West (Darren Jones). My speech will take a slightly different tack. As chair of the all-party parliamentary group on Kashmir, I want to talk about the geopolitical significance of Kashmir. I think everybody here accepts that the UK’s security and safety are paramount in trade agreements, but I want to talk about the importance of human rights in those agreements as well.

Many Members will know that Kashmir is located between Pakistan to the east, India to the south and west, and China to the north. There is also Afghanistan, which borders Kashmir on its north-west frontier. There is a very good reason why Kashmir is known as the longest running territorial dispute in the world. Basically, the British—us—messed it up and that has had a long-running impact. According to some historians, prevarication by the then ruling Hindu maharaja at the time of partition contributed to violence breaking out in Kashmir, as he alone was given the choice of whether the majority-Muslim Kashmiris should join India or Pakistan.

The unfairness of the decision to accede to India was rigorously challenged by Pakistan at the time and since. It was the first significant threat of conflict since world war two, and the newly formed United Nations took it very seriously. Hon. Members will be aware that several UN resolutions exist today, but the most significant is the UN Security Council resolution 47 from 1948, which called for a plebiscite—a referendum—of the Kashmiri people to determine their future.

The line of control was established between Pakistan-administered Kashmir, or Azad Kashmir and Gilgit Baltistan, and Indian-administered Kashmir, or Jammu and Kashmir and Ladakh. It is very well-guarded by the respective armies. There is also a United Nations military observers group permanently based there, such is the seriousness of the border issues between these two nuclear powers—and we must not forget China to the north, so three nuclear powers. When I visited Pakistan and Pakistan-administered Kashmir in February 2020—unfortunately, I could not get into India and Indian-administered Kashmir—the officers of that team, who are completely independent and have no axe to grind from any country, convinced me of the fragility and serious threat to global peace of the stalemate over Kashmir.

There are several reasons why Kashmir has been, and will continue to be, fought over. First, Kashmiris are immensely proud of their home and their heritage. Many of my constituents have relatives who live there, and I hear the pride in their voices when they speak about Kashmir. Secondly, and key to this debate, there are vast material resources across Kashmir, including timber, minerals, land and water. For example, Kashmir provides much-needed water for agriculture in both Punjab and Sindh provinces. The third reason is the geopolitical significance of the region to an emerging and increasingly powerful China.

On the second reason, the 2019 unilateral revocation of articles 370 and 35A from India’s constitution, which removed the special status and relative independence that Indian-administered Kashmir had enjoyed, has led to mining activity in areas that the World Bank and others are concerned may lead to flooding in an already flood-prone area. That could endanger lives and ecology. Kashmiri-owned companies that have traditionally mined in Kashmir were unable to compete with outside Indian corporations for mining rights, as the continued throttling of internet speeds prevented their participation in the online bidding process. The elimination of Kashmir’s forestry laws in favour of Indian federal law has been harshly criticised and is resulting in devastating deforestation. But water is the region’s most important and at-risk resource. It has not just regional but global significance. That is the third reason why Kashmir is strongly contested.

In the last two years, China and India have been at loggerheads at the line of actual control that separates China from IAK, as each seeks to develop infrastructure along the border. Some argue that the diversion of water is the biggest issue. However, tensions are extremely high after recent clashes, including the deaths of both Indian and Chinese troops in 2020 and reports of shots being fired at the line of actual control for the first time in 45 years—there are not meant to be any weapons at the line of actual control. More clashes were reported at the end of last year.

The poor relationships have trade implications. As we have seen, trade between India and Pakistan fell significantly in 2019 after the revocation of articles 370 and 35A, with negligible exports to India from Pakistan. It is also having a detrimental impact on trade across Kashmir. One of the key asks from the Kashmiris and non-governmental organisations I have spoken to is to rebuild the economy and provide jobs for Kashmiris. Opening the line of control is vital to achieving that— I was told that it would not only promote trade across the region but allow families to reconnect. Given that the G7 is being hosted by India this September, and will include meetings in Srinagar in Indian-administered Kashmir, I hope that India will consider reopening the line of control crossings at Lithia, Chakothi and Tetrinote, to allow trade as well as community and family reunions. I ask the Minister to respond to that point and to agree to raise this issue with the Indian high commissioner. Given India’s record trade deficit to China, which last year reached more than $100 billion for the first time, this might be a seemingly insignificant but symbolic gesture to Kashmiris and the international community, including Pakistan and China.

China has heavily invested in its so-called One Belt, One Road initiative, which it says is part of its vision to improve trade routes across Asia and parts of Africa. In Gilgit-Baltistan, in Pakistan-administered Kashmir, land has been sold off to develop infrastructure projects as part of the China-Pakistan economic corridor stretching across Pakistan and the Xinjiang Uygur autonomous region of China. The first of those is a dam, which, in addition to water storage and flood control, will also be used to generate power. However, it has come at a heavy financial cost to Pakistan, which is funding the developments via loans from China.

My final point concerns human rights and trade. The UN produced two reports on human rights abuses in Indian-administered Kashmir and Pakistan-administered Kashmir—the first in 2018 and the second before the revocation of articles 370 and 35A. They are quite shocking to read—and I do not want to stretch your patience, Madam Deputy Speaker. They include the reported killings of civilians by off-duty police and army personnel with impunity, and the failure to independently investigate and prosecute widespread reports of sexual violence by security services personnel. This list goes on. I invite people to read them. Pakistan-administered Kashmir has also been challenged about human rights violations, including the Government having control over affairs in Azad Kashmir and Gilgit-Baltistan, hence the sale of land for the Pakistan-China economic corridor.

Most importantly, the human rights abuses have not abated. We are in the process of negotiating trade agreements with India. I feel very strongly, as do thousands of people, that we should begin to consider who, what and how we trade with Governments that systematically abuse their citizens. We must commit to making the delivery of human rights explicit in any UK trade deals with India and Pakistan, or any other country.

Afghan Resettlement Update

Debbie Abrahams Excerpts

Tuesday 28th March 2023 Commons Chamber

[Johnny Mercer]

I am more than happy for the hon. Member to write to me about that case. We do not want to move people from bridging accommodation to bridging accommodation.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I am absolutely convinced that the Minister is committed in this regard—his track record shows that. Will he put some pressure on the Home Secretary and also, disappointingly, the International Development Minister, the right hon. Member for Sutton Coldfield (Mr Mitchell), who wrote to me after a Westminster Hall debate on this very issue and said that he would not be able to help Afghan women judges whose lives are under threat from the Taliban? They are clearly eligible for phase 3 of the ACRS.

[Johnny Mercer]

I make no bones about it, the ACRS pathway through has been difficult to open up. It is quite a technical pathway. We have had our first person through on that. We have made commitments of more than 1,000 through that pathway. Some 1,000 places have been offered and we have 351 in third countries at the moment. We have made commitments in this space, and we are going to see them through. If the hon. Lady feels that that is not the case, she is more than welcome to come and see me.

Oral Answers to Questions

Debbie Abrahams Excerpts

Tuesday 10th January 2023 Commons Chamber

[Dominic Raab]

With regard to the independent public advocate, I am very sympathetic and I want to make an announcement on that shortly. I reassure the hon. Lady that we have been working hard across Government to get the right answer ready, to be able to provide her with the reassurance that she needs.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

My constituent, a victim of historical child sexual exploitation, has had her case postponed three times since she reported her abuse back in 2019. Each time it is cancelled, she relives the trauma that she experienced, and this has been made worse by the clerk of the court saying that only important cases were being prioritised. What percentage of historical CSE cases are delayed for four years and responded to so insensitively?

[Dominic Raab]

This is an acutely sensitive issue and if the hon. Lady wants to write to me about that specific case, I would be happy to look into it. Of course, listing decisions and things like that are made by the judges independently in those particular cases.

Procurement Bill [Lords]

Debbie Abrahams Excerpts

2nd reading
Monday 9th January 2023 Commons Chamber

[Jeremy Quin]

That urgency is why we have published procurement policy notes on our commitment to net zero, just as we have published them on social value. We are keen for the Bill’s wording not to be very prescriptive, because the Government will have to announce procurement policies from time to time. I totally accept that there is a case for ensuring that our net zero commitments are met, but putting them in the Bill, which would create a big, laborious process for SMEs and procurers, be they local councils or central Government, is not the right way forward.

This Bill sets out a strong framework that gives us far more powers, but it is then open to the Government to set out, through a national procurement policy statement, the focus on social value or environmental concerns. I hope the hon. Lady accepts that the procurement policy notes we have already published show our commitment to doing just that.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

The Minister is being incredibly kind in giving way, and I recognise his generosity.

What measures in the Bill will protect the supply chain from collapse, as we saw with Carillion? Project bank accounts, which are already used across Government, would protect the supply chain. Thousands of small businesses went out of business or lost hundreds of thousands of pounds during Carillion’s collapse, so will the Minister introduce something like that? There is also a question about protections for retention money, so will that be included?

[Jeremy Quin]

That is a matter not so much for the Bill as for the operation of commercial practice. The outsourcing playbook has been used effectively since Carillion, and we have since seen other examples of public suppliers getting into difficulty. They are carefully monitored across Government. We will not always spot everything, but there is close working across Government to monitor our suppliers and to ensure that we can act, and act swiftly, where a supplier falls into problems.

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[Debbie Abrahams]

National Highways, for example, uses project bank accounts to protect its supply chain as a matter of course, and it says that they are its preferred option. If the Department associated with National Highways is doing that, why cannot they be used across all Government Departments?

[Jeremy Quin]

I am not familiar with the specifics of project bank accounts, to be perfectly frank. We have put measures in place to protect supply chains in the event of the collapse of a prime supplier, but I will take this up with my officials and write back to the hon. Lady.

In recognition of the specific needs of defence and security procurement, and to help deliver the defence and security industrial strategy, a number of provisions specifically apply to defence and security contracts. These provisions will provide flexibility for contracts to be upgraded to refresh technology and avoid gaps in military capability. There will continue to be special rules for certain social, health and education services, to be identified in secondary legislation, that may be procured as so-called light touch contracts, recognising the particular domestic and social aspects that should be captured in such procurements.

The interaction with regulations being prepared under the Health and Care Act 2022 was the subject of particular attention when the Bill was considered in the other place, and it may well be of interest to this House. The Bill will apply to most areas of NHS procurement of goods and services to help drive efficiency and value for money. However, the Health and Care Act regime is intended to address the specific requirements of the health and care system and to fulfil the Government’s intention to deliver greater collaboration and integration in the arrangement of clinical healthcare services.

Let me be clear that the Bill strengthens the NHS’s ability to deliver. The reforms to healthcare commissioning in the Health and Care Act will give commissioners more flexibility in how they arrange services so that both procurement systems can work effectively and deliver care for patients.

The Bill sets out the key principles and objectives of public procurement. These place value for money, public benefit, transparency and integrity at the heart of our procurement system. As well as competition and efficiency, there must be good management to prevent misconduct.

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[Jeremy Quin]

The hon. Gentleman treads a well-trodden path. Through steel procurement, we are always keen to set out the pipeline and provide every assistance we can to the domestic steel industry. However, as he knows, there are also international obligations, of which we are mindful and I know he will also be mindful, in respect of how we conduct our public procurement. I am not certain whether what he suggests would be consistent with the Government procurement agreement. [Interruption.] On pipelines, we are doing everything we can to help the domestic steel industry see the opportunities ahead of it and engage with public procurement. This is something we definitely and warmly appreciate.

We will also take tougher action on underperforming suppliers or those who present risks through misconduct. The Bill puts in place a new exclusions framework that will make it easier to exclude suppliers that have underperformed on other contracts. Through the Bill, I am pleased to say that we are targeting those who benefit from the appalling practice of modern slavery and, in doing so, undermine our own industrial resilience. The Bill makes explicit provision to disregard bids from suppliers known to have used forced labour or to perpetuate modern slavery in their supply chain. Contracting authorities will now be able to exclude suppliers where there is appropriate evidence of wrongdoing, whether in the UK or overseas.

[Debbie Abrahams]

I wholeheartedly support the Minister on that. I want to take him back to a previous point about late payments and the 30-day term. How will the Government monitor those and ensure adherence? Will that be done through audited accounts? What will be the punishment if there is not adherence?

[Jeremy Quin]

Ultimately, this is contractual. On the prime, that is easy: we will be paying the prime contractor within the 30-day period. People in the supply chain will be aware of the contract under which they are supplying to the prime, and we expect that 30-day payment to trickle all the way down the chain. It is the first time that such a measure has been incorporated. It really will be for primes to be held to account. I say to hon. Members of this House that if partners to a contract are not being paid without good cause, it will call into doubt the contract with the prime supplier, so it will be very much in the interest of the prime supplier to deliver. Every effort the Government have made to improve the payment terms through the supply chains has so far been adhered to pretty well by industry. Across Government, we have seen a significant improvement in payments out to industry, and we are expecting a ripple-down effect as a result of the Bill.

We will also create a new debarment list, accessible to all public sector organisations, which will list suppliers who must or may be excluded from contracts. This approach will ensure the high standards that we expect in the conduct of suppliers who benefit from public money. Embedded in the Bill is our commitment to creating an open and transparent system. Everyone will have access to public procurement data: citizens will be able to scrutinise spend against contracts; suppliers will be able to see the pipeline of upcoming contracts so that they can identify new opportunities and develop innovative solutions; and buyers will be able to analyse the market and benchmark their performance against others on, for example, their spend with small and medium-sized enterprises.

The Bill contains key provisions to enable these new levels of transparency, along with the statutory obligation on the Government to deliver a single digital platform to host this data. The Bill will strengthen existing obligations on contracting authorities to identify and mitigate the conflicts of interest in procurement decision making. These new requirements will ensure that conflicts of interest are managed transparently and in such a way that maintains the integrity of the public procurement regime. Additional safeguards include mitigations that may be required of suppliers by contracting authorities and for procurement teams to record and maintain a written assessment of conflicts.

In common with all procurement regimes, provision is made in the Bill for direct awards in a limited number of special circumstances—for example where extreme urgency means that there is no time to run a competition. Ministers will now be able to make provision for contracts required in a rare emergency event when action is necessary to protect life or public safety. This must be kept under review, revoked when no longer necessary, and is subject to the necessary parliamentary scrutiny in both Houses through the affirmative procedure. The Bill also requires that, before a contracting authority directly awards a public contract using any such regulations, a transparency notice must be published. These are major safeguards that did not previously exist.

The Bill fully honours implementation of our international trade agreements, including the World Trade Organisation agreement on Government procurement, which provides UK businesses with access to procurement opportunities collectively worth an estimated £1.3 trillion per annum.

Infected Blood Inquiry

Debbie Abrahams Excerpts

Thursday 15th December 2022 Commons Chamber

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

I thank the Paymaster General for his statement. I know he is committed to this issue and will bring his personal commitment to ensuring it is resolved as soon as possible.

One of my constituents lost four family members: her brother, sister-in-law, aunt and cousin. Her 10-year-old nephew was orphaned and left to be brought up by her mother on a state pension. They have received not a penny. I appreciate the complexities in working out the timetable, but he is now in his late 30s, and we cannot imagine the trauma he has gone through with losing his parents and the stigma of their deaths. He cannot wait any longer. These people need support and compensation now. If the Minister could come back in the new year with a timetable for next year—not necessarily a detailed one—that would be helpful.

[Jeremy Quin]

The hon. Lady spoke for so many people in the House when she talked through that specific heart-rending example. Given the circumstances she refers to, it is no wonder that Sir Robert and Sir Brian have made clear their view on the moral case. I absolutely recognise what she would like me to do, which is to present a timetable. I will do my utmost in the new year to set out the steps we will be taking. I do not want to commit to anything we are not going to meet, and the hon. Lady will appreciate that. She recognises the complexity, but I want to reassure people that the work is under way to ensure that we are ready for the Langstaff report.

Illegal Immigration

Debbie Abrahams Excerpts

Tuesday 13th December 2022 Commons Chamber

[The Prime Minister]

First, I thank my right hon. Friend for his engagement with us and his specific suggestions on tackling the issue of Albanian migrants—I hope he is pleased by what he has heard today, which reflected much of what he suggested. On the issue of accommodation, I agree with him. As all Members know, this is a tricky issue for us to manage, but we will manage it with sensitivity and care, and with strong engagement with colleagues and local authorities. I make that commitment to him, and I will make sure that that is followed up.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

The Prime Minister mentioned that he wanted to work with the UN High Commissioner for Refugees and that the Foreign Minister had already met the high commissioner. Did the high commissioner support these measures and their efficacy?

[The Prime Minister]

As I said earlier, on the Conservative Benches we believe in sovereignty. When it comes to controlling our borders, we will of course act in line with our legal obligations, but we will do what must be done to fix the unfairness and make sure we stop illegal migration.

Oral Answers to Questions

Debbie Abrahams Excerpts

Wednesday 20th July 2022 Commons Chamber

[Alok Sharma]

My hon. Friend is absolutely right. Green technologies and innovations will help us to achieve the net zero target He made reference to gene editing, and I would also reference the recent CFD auction, which has delivered record renewables capacity in this country.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T6. Well insulated homes protect against extreme heat as well as extreme cold, while reducing energy demand and cutting bills, emissions and fossil fuel imports. So why are the Government delaying their national energy company obligation 4 programme, with 56,000 households potentially missing out?

[Alok Sharma]

As I have pointed out, the Government are doing a significant amount on energy efficiency. Of course we should always look to see what more can be done.

Oral Answers to Questions

Debbie Abrahams Excerpts

Thursday 14th July 2022 Commons Chamber

[Kit Malthouse]

As new Ministers take their positions over the summer, their diaries will naturally be reviewed. If the hon. Gentleman experiences significant delays in achieving the promised meeting, he should write to me.

[Debbie Abrahams (Oldham East and Saddleworth) (Lab)]

T6.   The VIP lane for personal protective equipment procurement and the unlawful activities associated with it was one of the early scandals of this Government, but both the Serious Fraud Office and the National Crime Agency are unable to adequately investigate reports of potential Government procurement fraud. Will the procurement Bill establish a corrupt practices investigation unit to help to investigate potential frauds associated with public procurement?

[Mr Rees-Mogg]

As I mentioned, the public sector fraud authority will be announced shortly, but I think this attack on PPE is simply misplaced. The fact is that everybody in the country was calling for PPE—[Interruption.] In the world, as my right hon. and learned Friend the Minister for the Cabinet Office and Paymaster General helpfully points out. There was a dire and urgent need. Contracts were issued quickly to build up supplies, and there was not ministerial involvement in the award of contracts. Some 19.8 billion pieces of PPE were delivered; it was a successful effort to meet a dire need where the socialists opposite would have dithered and delayed.