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The government has acted unlawfully over publishing details of contracts

(58 Posts)
MaizieD Fri 19-Feb-21 12:55:04

What the thread title says, really grin

At last, the government is being held to account for a wrong doing...but it took a good legal team and crowd funding to do it.

From the thread:

Start

“The Secretary of State acted unlawfully by failing to comply with the Transparency Policy” and “there is now no dispute that, in a substantial number of cases, the SoS breached his legal obligation to publish Contract Award Notices within 30 days of the award of contracts.”

The Judge went on to say: “The obligations imposed by reg. 50 (in the Public Contracts Regulations 2015) and by the Transparency Policy and Principles serve a vital public function and that function was no less important during a pandemic. (para 140)

The public "were entitled to see who this money was going to, what it was being spent on and how the relevant contracts were awarded." This was important: “so that oversight bodies such as the NAO, as well as Parliament and the public, could scrutinise and ask questions"

The Judge was also clear our judicial review resulted in the admission of breach by Government, stating it was “secured as a result of this litigation and at a late stage of it” see para 154 in the Judgment:
The Judge also said our Judicial Review sped up the Government’s publishing of contracts: “I have no doubt that this claim has speeded up compliance.” (para 149)

The declaration from the High Court is hugely significant - if Government continues to fail to publish contract award notices within 30 days it is doing so in full knowledge it is breaching the law, and hindering scrutiny.

The Judge concluded: "if the publication had been on time…the First Claimant would have been able to scrutinise CANs and contract provisions, ask questions about them and raise any issues with oversight bodies such as the NAO or via MPs in Parliament" para 158

The judgment has significant implications for the series of further public interest challenges brought by Good Law Project around the Government’s procurement failures. Importantly, the High Court ruled that we had “standing” to bring the challenge.

We have now written to @MattHancock urging him to publish outstanding contracts; come clean about who went through the ‘VIP lane’; to recover money from those who failed to deliver non-compliant product and to undertake a public inquiry into PPE.

End

6https://twitter.com/GoodLawProject/status/1362736288508567555

Ilovecheese Sun 21-Feb-21 12:11:34

Keir Starmer on Sophie Ridge this morning said that he doesn't think the public want Matt Hancock to resign. Don't we? Don't we care that a Government minister has acted unlawfully? Have we really become immune to the behaviour of this Government?

MaizieD Sun 21-Feb-21 12:59:08

Oh dear. I did a whole response to that post, Ilovecheese and Gnet has eaten it sad

I CBA to do it again...

Ilovecheese Sun 21-Feb-21 15:43:09

Oh that's a shame MaisieD I would have been very interested in reading it.

NannyC2 Sun 21-Feb-21 16:21:17

Great news.

Smileless2012 Sun 21-Feb-21 20:03:10

I'm finding some of the posts on here rather confusingconfused.

There was no suggestion by the judge that these contracts involved Tory cronyism. That the contracts were given surreptitiously behind closed doors, to 'friends' or as back handers.

The Government failed to disclose the content of the contracts within 30 days of them being signed, being approximately 2 weeks late.

That's it.

Oh, and I don't want Matt Hancock to resign. So far the only thing that I and Keir Starmer are in agreement on.

MaizieD Sun 21-Feb-21 20:10:54

You are correct, Smileless.

Acting unlawfully is, apparently, not particularly a resigning matter.

I think that the GLP's next judicial review case is more on the 'crony contract' theme.

What has come out of the case just finished is that the GLP is counts as being 'of standing'; i.e they're eligible to pursue these judicial reviews. The government case against them argued that, because the actions of the Minister hadn't caused them any commercial harm, they weren't of sufficient 'standing' to be able to ask for a review.

Why don't you want Hancock to reign? (Are you next in line for a contract? wink )

Smileless2012 Sun 21-Feb-21 20:21:36

Maziegrin.

MaizieD Sun 21-Feb-21 20:43:09

Another of the crony contracts seems to be getting some 'unwelcome' attention:

The former publican and neighbour of Matt Hancock who secured lucrative work producing millions of vials for NHS Covid tests is under investigation by the UK’s medicine agency, the Guardian can reveal.

Alex Bourne, who used to run the Cock Inn near the health secretary’s old constituency home in Thurlow, won about £30m of work producing the test tubes despite having no prior experience in the medical devices industry.

www.theguardian.com/politics/2021/feb/21/matt-hancock-ex-neighbour-alex-bourne-under-investigation-uk-medical-regulator

NotSpaghetti Mon 22-Feb-21 10:38:38

No nepotism involved MaizieD obviously.

PippaZ Mon 22-Feb-21 11:03:19

I can only suppose panic on a grand scale or incompetence on a grand scale both of which would normally lead to resignation - unless you are a Brexit and Boris supporter, apparently.

I found the governments idea that you only had skin in the game i.e., that you had "standing" totally insulting. Surely any tax payer or voter has "standing" when it comes to how a government spends its money?

MaizieD Mon 22-Feb-21 11:32:32

I can't copy and paste the relevant section, but if you go to:

drive.google.com/file/d/19QsmLv8LkAL9EO6D-HSlmOHJ4VpoSPn5/view

and scroll down to p 104, section 28, you will see what the judge decided.

He allowed that Maugham had 'standing' but not the MPs as they could have scrutinised the government's actions through different ways.

The link is to the whole judgement. It's interesting to read though very long...

Oldwoman70 Mon 22-Feb-21 11:45:32

It seems it's not only the government who award contracts to "cronies"

"A company owned by a friend of Len McCluskey has been paid £95 million by Britain’s most powerful trade union for a construction project that was initially supposed to cost £7 million.

Flanagan Group received the money as primary contractor for a conference centre and hotel in Birmingham for the trade union Unite."

This was, apparently, news in January but didn't notice any coverage on BBC (or GN)

trisher Mon 22-Feb-21 11:50:44

Is it considered OK then for a government to break the law because other people do? Well that marks the end of civilisation doesn't it!
It used to be said that the British sense of fair play and persistence was learned on the playing fields of Eton, anyone want to guess what they are teaching now????

Oldwoman70 Mon 22-Feb-21 11:57:05

That isn't what I said - the point I was making was that contracts are handed to cronies - no matter what someone's political leanings are

25Avalon Mon 22-Feb-21 12:07:12

We don’t know absolutely that there was cronyism, but this legal ruling means that all details of the contractual arrangements must be revealed. Once this is done it can be shown if contracts were given out unfairly. Cronyism isn’t necessarily unfair which is why transparency is all the more important for all concerned. There has to be responsibility and accountability where the public purse is concerned even in a pandemic.

Dinahmo Mon 22-Feb-21 12:12:15

Oldwoman70

That isn't what I said - the point I was making was that contracts are handed to cronies - no matter what someone's political leanings are

You haven't said, so I assume that you don't know, whether the contract was approved by the union. Secondly, the Flanagan Group is a construction company.

It's not just the govt's cronyism that is under fire, it's the fact that many of the contracts were given to people/companies who had no experience of the products/services required.

Oldwoman70 Mon 22-Feb-21 12:25:30

So everyone is happy that a union is spending £95m of membership fees on a project originally costed at £7m

PippaZ Mon 22-Feb-21 12:30:23

25Avalon

We don’t know absolutely that there was cronyism, but this legal ruling means that all details of the contractual arrangements must be revealed. Once this is done it can be shown if contracts were given out unfairly. Cronyism isn’t necessarily unfair which is why transparency is all the more important for all concerned. There has to be responsibility and accountability where the public purse is concerned even in a pandemic.

Good post 25Avalon.

PippaZ Mon 22-Feb-21 12:35:02

Oldwoman70

That isn't what I said - the point I was making was that contracts are handed to cronies - no matter what someone's political leanings are

Did it follow the Unions own rules. Your post doesn't seem to say.

This issue with the government is they didn't follow the rules and even now are appearing a little coy about the awarding of the contract. You can't help knowing people but you can help avoiding the rules that have been put in place to avoid a situation where it can seem contracts may have been awarded irregularly.

Nothing to do with political leaning everything to do with tansparancy.

PippaZ Mon 22-Feb-21 12:38:40

Oldwoman70

So everyone is happy that a union is spending £95m of membership fees on a project originally costed at £7m

What a weird question. I don't feel either happy or unhappy. In all honesty it's none of my business as I am not a member but if you are, and you are unhappy, there will be a process you can follow. It really doesn't relate to the OP.

Grany Tue 23-Feb-21 07:59:22

Jeremy Corbyn Today I asked Boris Johnson to end the scandal of privatisation and outsourcing in our NHS - and to replace the Health Secretary after he was found to have broken the law by failing to reveal contracts worth billions.

These are questions which people deserve an answer to.

Yes we want Hancock to resign This is what Starmer should ask.

varian Tue 23-Feb-21 10:08:06

George Monbiot on this corrupt government supported by the billionaire press barons becoming an "elective dictatorship"

www.facebook.com/DoubleDownNews/videos/434103640998095/

MayBee70 Tue 23-Feb-21 10:33:15

Johnson got away with trying to unlawfully prorogue parliament. At the time I thought he was toast. They are invincible. They can get away with anything they like now.

PippaZ Tue 23-Feb-21 11:51:02

I must admit I am beginning to worry about Starmer Grany. But he could come through. I would add he doesn't worry me as much as Boris and the Alt-right who seem to have a hold over him.

MaizieD Tue 23-Feb-21 11:52:31

I'm reading what might be a pertinent article right now:

Not about unlawfulness or illegality, but about the acceptance of lying. Which I think has created an electorate that cares very little about probity in politics.
Resignations in the past were usually a result of a real and consistent public outcry, led by the media (very few resigned without being pushed into it). We don't have that now.

www.opendemocracy.net/en/opendemocracyuk/why-truth-too-weak-stop-liar-boris-johnson/