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Can politics learn from the ethics of procurement?

The headlines in the UK have been dominated in recent days about whether it is acceptable for politicians to receive gifts and hospitality from political donors. The new Labour government has come under fire for taking money to buy clothing as well as accepting tickets to Taylor Swift concerts and football matches. Looking at it from a procurement perspective, I’ve spotted three major fallacies in how Ministers have defended their actions.

Fallacy 1 – “Well it’s within the rules”. 

The obvious answer here is that “well, the rules are wrong.”  And once your party is in charge, or if you are the new CPO / head of procurement function, you have an opportunity to change the rules. So Labour people accepted these gifts when they were the opposition and no-one noticed too much. But wouldn’t it have been great if the Prime Minister had announced a major “clean up politics” initiative in his first weeks in power? You’re in charge now people, you can make the rules based on what is ethically right.

Fallacy 2 – “It’s OK as long as I declare it”.

No, it is not.

I discovered this issue when I joined the civil service way back in the 1990s. I was told by my team that there was a register of gifts and hospitality, and that made everything OK. As long as things were registered, it was all fine.

The counter to that is pretty obvious. If I registered a two-week holiday in the Seychelles paid for by a current supplier, or my category manager accepted a gift of a Rolex from a firm that is going to bid on the forthcoming major tender, is that OK? Of course not. The other problem with the “register” concept is that it often is an “after the event” process. In other words, I’ve already been to the Seychelles and my category manager is already proudly showing off his new watch before anything is public or able to be approved.

So that was the immediate change I was able to make in my civil service role. Staff would need to ask permission before accepting anything – if their boss or I said “yes”, then it could be recorded in the register. But you ask permission before you do or accept anything. Incidentally, I do believe that sometimes corporate hospitality can be justified as a way of building relationships at a senior level, maybe with a key strategic supplier,. If Bill Gates was in the UK and invited my software category manager to join him for a lunch, I’d absolutely say yes.  Or if I’d travelled to Brittany to inspect a new dairy and talk to the owners (as I did at Mars, at our corporate expense), then I’m not going to refuse a quick steak frites lunch in the local café!

Fallacy 3 – “I am incorruptible, so it doesn’t matter what I accept”. 

You will hear this a lot, usually from senior people, particularly if you try and tighten up an ethics policy. They are respected and respectable people, they are affluent, and of course they would not give a supplier a contract merely because they were entertained at the Cup Final or got a Harrods hamper at Christmas.

There are a number of problems with this. Firstly, it is exactly what a genuinely corrupt person would say if challenged. If I was actually giving a supplier contracts unfairly, or facilitating them being paid a higher price than the market dictates, and receiving bribes in return, then that is how I would respond if challenged.

Secondly, even if you don’t feel consciously that you now owe the supplier something, and you haven’t been asked for anything in return, you are now obligated. That is a basic aspect of human psychology, proven in experiments.

“Since gifts represent our desire to build or cement a relationship, they also require some form of reciprocation. Contemporary sociologist Dimitri Mortelmans argues that gift giving creates a “debt-balance”, so to prevent ill feelings gifts must be repaid creating a cycle of gift giving”.

It is why gift-giving is a key element in many communities, probably going back to pre-historic times. You exchange gifts with the neighbouring tribe, you are less likely to kill each other. That’s the positive side; but in a business context, it means I feel somewhat obliged to you when it comes to marking that latest tender.

So do Lord Ali and other gift-givers want something in return from Labour? Possibly not – perhaps they just like the people and the Party. But if they do want something, it is clear that there will be powerful people now who feel some obligation because of gifts. That is just human nature. I would be less nervous actually if all gifts were given to the Party, which can then decide whether the PM’s spectacles or Bridget Phillipson’s party is a good use of funds. But the personal nature of these gifts feels risky.

I also wonder whether one problem is that few people work in “proper” companies before they get into politics. If Labour had a few more ex Martians or Marks and Spencers veterans on board, they might be more sensitive to these issues.

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Grenfell Tower Inquiry Phase 2 Report – Just Terrible

I’ve generally stayed away from writing about the Grenfell fire tragedy. It just seemed too serious and horrible an issue to be talking about “bad buying” and technical procurement issues. What the victims went through is just unimaginable.

The Phase 2 report from the Inquiry was released recently and it is quite rightly highly critical of quite a range of people and organisations. Companies in the sector that provided materials used in the building; the architects and designers; the local authority and housing managers; central government civil servants; then-Minister Eric Pickles; the London fire brigade… they all bear some responsibility for what happened. Wider failures in building regulations and fire safety also contributed.

CIPS (the Chartered Institute of Procurement and Supply) contributed strongly to the Inquiry, initially chairing the Procurement Working Group as part of the Hackitt Review of building regulation and fire safety (leading to the Building a Safer Future report).  What became clear, CIPS says, is “there were many examples of poor commercial practices in the years leading up to the fire, focusing on price and margin at the expense of safety.”

I often hear complaints that public procurement is “all about price and nothing else”. I always push back on that and say that in my experience, price or even total cost is always an evaluation factor, but the vast majority of procurement exercises also consider other non-cost factors, which have serious weighting in the evaluation model. But it is probably fair to say that some parts of the construction procurement world have not exactly been at the leading edge of good practice thinking.

That seemed evident from the report, where too many decisions were made simply to save money rather than through a proper consideration of all the true “value for money” factors. And if a value for money model doesn’t include looking at the chances of killing people, then it should. This is from the Phase 2 executive summary report. (TMO is the “tenant management organisation” that was responsible for Grenfell).

“Although Rydon’s tender was judged to be the most competitive, it still exceeded the TMO’s budget. As a result, although the TMO had received advice from its lawyers that it would be improper to do so, it entered into discussions with Rydon before the procurement process had been completed leading to an agreement that, if Rydon were awarded the contract, it would reduce its price to an acceptable level”.

Illegal, bad practice, and of course led to Rydon, the principal contractor on the tower refurb, being focused very firmly on cost minimisation.

It was also shocking to see that the firms involved, including those that had basically lied about the products they were supplying, or had hidden test results, continued to win public sector work after Grenfell.

The Guardian reported that “about £250m in public deals have been made in the past five years with corporations involved in the high-rise’s refurbishment, according to searches of public contracts by the outsourcing data firm Tussell for the Guardian. They include companies currently or formerly owned by Saint-Gobain, which made the combustible Celotex insulation used on the tower, and Rydon, the main contractor for the works”.

Now the new UK (excluding Scotland) Procurement Act includes what are in theory stronger provisions to allow firms to be barred from public procurement competitions. The Prime Minister told Parliament that he wanted to ban the firms involved here. “This government will write to all companies found by the inquiry to have been part of these horrific failings as the first step to stopping them being awarded government contracts,” Starmer pledged.

That doesn’t seem as strong as you might expect, but no doubt there will be process that must be followed if we want to avoid legal challenge from those suppliers. I’ve been somewhat cynical about the chances of the new “debarment regime” in the Act really being effective, but I sincerely hope I’m wrong and these firms are kicked out of public business for a very long time.

It is difficult for individuals within large organisations to speak up sometimes. We can all get caught up in the corporate “groupthink” and perhaps misplaced loyalty.  (Look at all the people in the Post Office who knew the Horizon system was dodgy and that postmasters were being treated appallingly, but said nothing).  Grenfell shows how terrible the consequences of that sort of behaviour can be. So if your firm is expecting you to lie or deceive others about the chances of your product killing people, then perhaps you really should say something.

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CIPS Annual Report – a Mixed Bag

The Chartered Institute of Procurement and Supply (CIPS) annual report is out now for the year ending October 2023. I’m not sure exactly when it was published but it always takes a few months to emerge.

The report suggests it was another mixed year for the world’s leading procurement institute. Revenue was up 13% year on year, which is pretty impressive, driven largely by business from corporates in the UK and Middle East. The CIPS Corporate Award programme continues to bring in revenue as firms invest in professional development and capability, which is good news.

However, membership was down 4.5% which is less good news for what is supposedly a “membership organisation”.  That was mainly down to a drop in student numbers, with MCIPS-level numbers pretty static. Exam entries were also short of budget although recovered in the second half – that may be in part because of the well-publicised problems with the new system, which amongst other things, made exam booking tricky at times. And new student numbers were at their highest for ten years, so maybe the decline in student membership is just a “blip”.

Total income was £34.2 million, up 13% on the previous year but below budget. That led to an operating loss of around £400K, although the accounts are not easy to interpret given so many figures for pension valuations and adjustments, loans, and other one-off accounting issues. But the cash position actually improved, with group cash position standing at £5.2 million at year end. To be honest, I struggled to really understand how this increase came about given the loss in the year.   

Generally, CIPS still has the perennial problem that many students want to get their qualification but then don’t want to pay £200+ a year for ongoing membership. Whilst CIPS rightly says you can’t put MCIPS after your name if you are not a current member, I suspect many who pass the exams, and many employers, look at that qualification as more important than the ongoing membership. There are many other ways to demonstrate your continuous professional development these days that don’t cost a fortune.

It is also fascinating to see how CIPS continues to become much less of a UK-centred organisation. Australasia seems to have stabilised after some issues there.  CIPS MENA is not set up as a certified company, but by all accounts is doing very well in many middle-eastern countries, in terms of numbers and revenues, and the recent promotion of regional boss Sam Achampong to run half the world 80% of the world for CIPS indicates one reason why that has been the case in recent years.

Yet some problems continue in other regions. The US is an ongoing disaster really, losing money for CIPS year after year despite ambitious intentions. As Eddie and the Hot Rods once said, maybe it is time for CIPS to Get Out of Denver…

Looking at the numbers in detail, an analyst might worry about control of staff costs. There has been a 16% increase year on year in total cost, with staff numbers up only 4%, implying an almost 12% cost per person increase, well ahead of inflation. However, there is a major distortion.

Malcolm Harrison, the then-CEO, left rather suddenly in March 2023, yet the highest paid member of staff, presumably him, was in the £250-300K bracket for 2022-23 salary.  (Last year he was in the £200-250K bracket). That suggests he received in effect a full year’s package despite leaving just 5 months into the financial year. So his pay-off accounts for quite a chunk of that apparent staff cost hike, although the Trustees need to keep an eye on senior staff costs – there were 16 people earning over £100K in 2023, against 11 in 2022.

The new IT platform seems to have settled down somewhat now, so if that crisis is almost over, I’d suggest CIPS needs to focus on its membership proposition and numbers as the key strategic challenge, which raises some fundamental issues again about the whole nature of the Institute.  

It’s clear that getting rid of the President post has worked well in increasing the standing of the Institute (he said sarcastically…) although I do hear that the relatively new Membership Committee is doing some good work.  High profile individuals such as Sam Achampong and Savita Mace (membership committee) do a lot to keep CIPS in the public eye, but I feel that many of the Trustees (Board members) still need to do more to promote CIPS and the profession now the Presidential focal point has gone.  

But that is by no means the only reason why MCIPS numbers are in slow decline, even as P&SCM increases its importance globally. CIPS really needs to understand how to change that situation to improve its long-term prospects, or accept that it is now in effect a consulting, education and training business rather than one with a membership focus.

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