Oral Answers to Questions

Michael Ellis Excerpts

Thursday 25th November 2021 Commons Chamber

[Nick Smith (Blaenau Gwent) (Lab)]

3. If he will make an assessment of the implications for his policies of the findings of Transparency International’s report, “Track and Trace”, published April 2021.

[The Paymaster General (Michael Ellis)]

The Government recognise the importance of maintaining public confidence in how we manage taxpayers’ money. We are taking steps to improve the processes already in place and to ensure that public spending is fair and transparent. Proposals in our December 2020 Green Paper aim to improve transparency in procurement across the public sector and include specific measures to strengthen transparency through the commercial lifecycle from planning to procurement, contract award, performance and completion. We will publish our response to the consultation shortly.

[Nick Smith]

Test and Trace has been muddled and expensive. Along with personal protective equipment provision, it has been a profiteers’ paradise for some. After inflation, NHS workers got no pay rise, yet Deloitte’s partners got 14%. We need answers: who did what and for how much? Does the Minister agree that the terms of reference for the covid public inquiry should include an analysis of the super-profits and juicy contracts for middlemen that have undoubtedly been made, so that the public can consider what opportunists have enjoyed at all our expense?

[Michael Ellis]

The hon. Gentleman will be aware that the National Audit Office noted that it

“found that the ministers had properly declared their interests, and…found no evidence of their involvement in procurement decisions or contract management.”

No PPE contracts were awarded by reason of who referred them. Clearly, in a national emergency, it is right that we as a nation can procure at speed. That ability has been critical in providing the emergency response that was needed. Those mechanisms predate the pandemic; they were not created for the pandemic. The public are right to demand that we spend our money with car—and, unlike Labour Governments, we do that. Proposals in the Green Paper on reforming public procurement aim to improve transparency, and we will continue to do that.

[Fleur Anderson (Putney) (Lab)]

Transparency International’s report identified 73 covid contracts that raised red flags for corruption. Last week, after 18 months of deflection and secrecy, the list of the companies awarded contracts through the VIP lane was finally revealed. We can see now why it was kept secret.

It is curious that, of the recommendations from politicians to that list, only the recommendations of Conservatives—no other political party—were successful. Of the 47 companies awarded contracts worth £4.7 billion, 18—more than a third—were referred by Tory MPs, Ministers or peers. Can the Minister confirm that anti-fraud and conflict of interest checks really did take place for all the contracts in the VIP lane? If there were another emergency tomorrow, would the system still be jobs for mates, or is a new and better one ready?

[Michael Ellis]

Of course, the hon. Lady is conveniently forgetting that Labour Members of Parliament also recommended individuals and companies as far as PPE is concerned, and there is nothing wrong with that. There was a national emergency at the time, and everyone was asked to assist, and if they knew someone who might have been able to assist in supplying personal protective equipment, they were invited to say so. Not only is there nothing wrong with that, but it was a public service to do so. The National Audit Office has already looked at this, and it has said there was no evidence of involvement in procurement decisions or contract management.

I realise there is a political wish on the part of the Labour party to try to make something of this, but actually this is a matter of public service. It is right that proper due diligence is carried out on contracts, and that is why the information is available to the public and to the Opposition to have a look at Government contracts. That has always happened, and it will continue to happen. The Government take these checks extremely seriously, and we are being extremely transparent, but it is also absolutely essential that, in an emergency, we can procure at speed.

[Kate Osamor (Edmonton) (Lab/Co-op)]

4. What steps he is taking to consult with covid-19 bereaved families on the public inquiry into the Government’s handling of the covid-19 pandemic.

[Catherine West (Hornsey and Wood Green) (Lab)]

13. What steps he is taking to consult with covid-19 bereaved families on the public inquiry into the Government’s handling of the covid-19 pandemic.

[The Paymaster General (Michael Ellis)]

I am pleased to reiterate that the Prime Minister has already confirmed that bereaved families and others will be consulted on the covid inquiry’s terms of reference before they are finalised and that the inquiry will be established on a statutory basis with full formal powers.

[Kate Osamor]

The University of Liverpool this week released a report on the lived experience of those who have lost a loved one to covid-19, in collaboration with Covid-19 Bereaved Families for Justice. The report recommends that the public inquiry be brought forward without delay, stresses the importance of transparency and asks for bereaved families to be an integral part of the inquiry. Is it not about time that the Government listen to the bereaved families of covid-19 victims and adopt the report’s recommendations?

[Michael Ellis]

I thank the hon. Member for her question, and may I take this opportunity to express my condolences and sympathy to all of the many bereaved families who have suffered as a result of the pandemic? The Prime Minister announced in Parliament as early as May this year—on 12 May—that the inquiry into the pandemic would be established on a formal statutory basis, with all the requisite powers that go with that, under the Inquiries Act 2005. A chair of the inquiry will be announced by the end of this year, and the Prime Minister told the bereaved families group that in a meeting he had with them on 28 September. It is important that formal powers will be attached to the inquiry, and everything will be done to make sure the relevant material and oral evidence, for example, is given under oath.

[Mrs Lewell-Buck]

The Prime Minister refused to meet bereaved families for nearly 400 days. When he eventually deigned to meet them in September, he promised them they would have a role in setting the terms of reference for the inquiry. Yesterday, these grieving families wrote to the Prime Minister asking why, yet again, they are being ignored. Can the Minister explain to them why they are being ignored?

[Michael Ellis]

As I just said, the Prime Minister met Bereaved Families for Justice on 28 September. He welcomed the opportunity to hear directly from them, and of course the areas they would like the inquiry to cover were mentioned. The importance of choosing the right chair was also mentioned. All commitments made to the Bereaved Families for Justice group will be met. The chair of the inquiry will be appointed by Christmas, and bereaved families and others will be consulted on the terms of reference before they are finalised.

[Catherine West]

This Christmas, many constituents of Members across the House will sit where they normally are, but their loved one will not be with them. Indeed, for some people it is two years, isn’t it? Could I press the Minister on announcing the chair, or having the Prime Minister announce the chair, not on Christmas eve, because that will wreck Christmas? As the end of the year is nearly here, could he speed that up, just for their sake?

[Michael Ellis]

I hear the hon. Lady’s question and absolutely recognise the importance of the matter. It is also of course important to go through the proper processes in selecting possible chairs, appointing one and so on. I know this will be given the considerable importance it deserves, and as I said, it will be disclosed before the end of the year.

[Jack Dromey (Birmingham, Erdington) (Lab)]

For the covid-19 bereaved families two things matter above all: that the inquiry begins as soon as possible, with the families at its heart; and that the national covid memorial wall opposite Parliament must be preserved. The Government have indicated that they support a national memorial at St Paul’s cathedral instead, but this is not an either/or choice and the families’ agony must end. Both memorials deserve their place: will the Minister therefore support the bereaved families’ request to preserve the memorial wall, because it is their wall, their memories, their love?

[Michael Ellis]

The Government recognise the need for bereaved families to have a location, or locations, where the representation will take place, and of course there is a UK commission on covid commemoration, as the hon. Gentleman knows. It will carefully consider how communities across the country can remember those who have lost their lives due to this appalling pandemic, and recognise those involved in the response as well, in a fitting and permanent way. So there is a specific UK commission on covid commemoration, and we should let it do its job.

[David Duguid (Banff and Buchan) (Con)]

5. What steps he is taking to help ensure the resilience of supply chains.

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[Jim Shannon (Strangford) (DUP)]

9. What steps his Department is taking to support other Departments to tackle backlogs resulting from the covid-19 outbreak.

[The Paymaster General (Michael Ellis)]

As we come out of the crisis phase of the covid response, the Government have put the recovery of public services at the heart of their building back better and levelling-up agenda, and we have already laid the foundation for recovery. Earlier this year, in the 2021-22 spending review, the Government allocated £55 billion to the public sector through key initiatives such as the £1 billion elective recovery fund, the £30 billion plan for jobs, £3 billion in education recovery, the £4.8 billion levelling-up fund, and almost half a billion pounds in criminal justice system recovery. This work continues at pace across Government, and the Cabinet Office continues to work closely with Departments as they all build the world-class public services the UK deserves.

[Jim Shannon]

I thank the Paymaster General for that excellent answer, and I thank the Government for all they have done for business and for every sector through the pandemic; it is much appreciated.

I want to ask specifically about education. Will the Paymaster General outline whether additional education funding, above the £3 billion that he referred to, has been considered to bring some of our children back to where they should be? I am very concerned, as all in the House are, about the education of children. How, specifically, can we ensure that the children who have lost out can still catch up and have time to do so?

[Michael Ellis]

As is so often the case, the hon. Gentleman is so right in his focus on education. Of course, the Government recognise the importance of education for all our young people, at primary, secondary and tertiary level. That recognition manifests itself in the extra funding that the Government have supplied, through the Department for Education, to the education sector. There is the £3 billion education recovery fund, and I will be very happy to write to the hon. Gentleman with more details about the breakdown of those sums.

[Huw Merriman (Bexhill and Battle) (Con)]

10. What recent assessment the Government have made of the transparency of decisions taken by Government agencies.

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[Helen Hayes (Dulwich and West Norwood) (Lab)]

16. When he plans to end the use of emergency procurement powers during the covid-19 outbreak.

[The Paymaster General (Michael Ellis)]

Existing procurement rules, which predate covid-19, rightly allow the Government to procure at speed in times of an emergency. The rules are not new and it is for contracting authorities to make their own determinations on when to use them. At the beginning of the pandemic, we issued guidance to set out the options available to Government Departments to buy at pace, bearing in mind the legal framework for procurement. We have since built on that with further guidance on the commercial risks inherent in direct awards. Our “Transforming Public Procurement” Green Paper sets out proposals to update the rules on procuring in times of extreme emergency or crisis, learning from the experience of the pandemic. We will be publishing our response to that consultation shortly.

[Helen Hayes]

The use of emergency procurement powers during the covid-19 pandemic has been a murky mess. The process has delivered multiple contracts to Tory party friends and donors, and hundreds of millions of pounds of public money has been spent on equipment that could not be used. The use of such powers might have been justified at the start of the pandemic, but 20 months on there is really no excuse for the continued use of accelerated procurement powers. It is now eight months since the consultation on the Green Paper closed and the Government still have not published a response. When will they end the use of emergency measures, and when will they clean up public procurement?

[Michael Ellis]

I do not accept the characterisation that the hon. Lady puts on the matter, and neither does the National Audit Office—it looked at this and said, as we have rehearsed in the Chamber, that it sees no evidence of the sort of the thing that she refers to. On emergency procurement, it is crucial in any society for the Government to be able to purchase items at emergency speed, for example if lives are to be saved as a consequence, or in other types of emergency. That is nothing new. The public interest was best served by being able to act quickly and decisively.

As for the point that the hon. Lady makes about the situation now, the public sector has reduced its use of regulation 32 powers—the emergency procurement powers. Their use peaked between April and June 2020 at the height of the initial wave of the pandemic. In central Government, the use of these powers has reduced by more than two thirds over the six months from April to September 2021 compared with the same period last year. The use of emergency contracts is rapidly declining.

[Mr Speaker]

We come now to topical questions; we will have quite a few free hits today, as we are moving on to them rather early.

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[Alan Brown (Kilmarnock and Loudoun) (SNP)]

T2. Let us return to some of the Tory treasurers who are now Lords and look at their performance. Lord Harris of Peckham has spoken just eight times in the Chamber since being appointed in 1996. Lord Kalms has made seven spoken contributions since 2004. Lord Lupton is prolific, with 10 contributions since 2015. Is that not further proof that it was their donations and party position that got them into the Lords?

[The Paymaster General (Michael Ellis)]

Perhaps the hon. Gentleman does not recognise quality over quantity. I think he ought to spend a little more time reading House of Lords Hansard; he would see a world-beating range of expertise on myriad issues. The House of Lords is a House of experts and he should spend more time listening to its debates.

[Mr David Davis (Haltemprice and Howden) (Con)]

T6. This Government have spent more taxpayers’ money than any previous Government on public opinion polling. Over the past 16 months since July 2020, I have asked the Government to publish the polling carried out at the start of the covid-19 pandemic. They refused to release that information under the Freedom of Information Act, claiming that it was still being used to develop policy; the Information Commissioner struck down that defence as incorrect.The Government then claimed that it was too costly to release, so I asked written parliamentary questions on the subject. They again refused, using the excuse that polling is still developing policy; as the Information Commissioner pointed out, that is a bogus argument. Will the Chancellor of the Duchy of Lancaster change the policy on the matter today to ensure that the information is released immediately and that the Cabinet Office acts in line with both the letter and the spirit of the legislation?

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[Mr Speaker]

Talking of which, I call Michael Ellis.

[Michael Ellis]

I do indeed agree. The fact is that the Labour party wishes to make cheap political points when in reality the House of Lords provides expert service to the nation, and does so extremely inexpensively compared to the second chambers in most western democracies.

[Richard Thomson (Gordon) (SNP)]

T5.   It is hardly a cheap point when it is about expensive donations. More than two years since the first request, and more than a month since a judge refused the Government leave to appeal against the first-tier tribunal ruling, the Cabinet Office is yet to reveal the results and the details of its clandestine secret polling about Scottish attitudes to independence and the Union. Could a Minister—any Minister: I am not fussy—tell us when this information will be revealed, and what exactly it is that they are so scared of the Scottish people finding out?

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[Ms Anum Qaisar (Airdrie and Shotts) (SNP)]

It is completely fair for us in the SNP to raise concerns over Lords in an unelected position who have just happened to give significant sums to the Conservative party. With the entry requirements for the UK’s retirement home for failed Tory MPs or Tories who cannot win elections—otherwise known as the Lords—coming under increasing scrutiny, attention should be paid to the fact that that unelected institution is bigger than the UK’s elected Parliament in the Commons. Does the Minister not agree that having an unelected, crony-stuffed second Chamber undermines the UK’s ability not only to claim to be a functioning democracy but to lecture others on their own democracies?

[Michael Ellis]

As we have already discussed in this Chamber, the House of Lords provides expert counsel and excellent value for money. If the hon. Lady wishes to compare the cost of the House of Lords to the public expenditure with other second Chambers in bicameral legislatures, she will find that it is extremely inexpensive and extremely expert, and that it provides excellent value for money. She characterises it in one way, but she forgets that it also provides a service to all sections of our society, including those in the medical profession, the legal profession, the military service and across the range of society, and it will continue to do so.

[Mr Philip Hollobone (Kettering) (Con)]

May I welcome the recent appointment of the Chancellor of the Duchy of Lancaster to his new role in co-ordinating efforts across the Government to tackle the cross-channel migrant crisis? In that role, will he persuade officials in his own Department, as well as those in the Foreign Office and the Home Department, to come up with constructive solutions that can be effectively deployed, rather than coming up with reasons why something cannot be done?

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[Peter Grant (Glenrothes) (SNP)]

Will the Chancellor of the Duchy of Lancaster at least agree that any Member of Parliament whose gross misconduct has led to their being ejected from this place through a recall petition, or anyone who chooses to leave rather than face a recall petition, should not be considered a fit and proper person to be elevated to the Lords?

[Michael Ellis]

It is up to this House to regulate its disciplinary affairs. Of course, this House has done so and, under your leadership, Mr Speaker, will no doubt continue to do so.

[Margaret Ferrier (Rutherglen and Hamilton West) (Ind)]

I have previously written to the Minister for Defence People and Veterans about the delay that one of my constituents has experienced while waiting for a decision on his military pension. Will the Minister please look into this case and ensure that my constituent does not wait any longer than the year that has already elapsed since his application?