Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, what plans he has to tackle potential enforcement loopholes to ensure the effectiveness of proposals for (a) failure to prevent offences, (b) deferred prosecution agreements and (c) other proposals for the exclusion of bidders from public procurement in respect of companies involved in (i) bribery, (ii) fraud, (iii) money laundering and (iv) tax evasion.

Current procurement laws allow for the exclusion of suppliers from bidding for procurements where they have been convicted of, or there is evidence of, bribery, fraud, money laundering and tax evasion. The Procurement Bill, introduced to Parliament on 11 May, broadens and strengthens the exclusion grounds. It is for contracting authorities to consider whether suppliers must or may be excluded from each procurement. We intend to publish guidance to assist authorities in conducting due diligence, for instance by pointing to relevant sources of information.

The Procurement Bill also includes new, clearer and more transparent measures for how procurement can be conducted in an emergency. It makes provision for contracting in an emergency, for example where necessary to protect life. This will give people confidence that contracts are being let appropriately even when there is a need to procure at speed. New rules will also continue to allow buyers to run a quick informal competition in situations of extreme urgency (currently they are more likely to opt for a direct award to reduce the risk of delay).

The Government’s response to the Green Paper on Transforming Public Procurement discussed the costs and duration of legal challenges and we are continuing to explore feasible options for faster and more accessible routes for valid challenge of procurement decisions. We intend to establish a new Procurement Review Unit to improve capability and compliance, thereby reducing the need for legal challenges, and providing an alternative mechanism for complaints to be addressed.