Tag Archive for: Politics

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Musk to address US government spending – what fun awaits!

In the legendary Philip Green review of 2010, the new UK Prime Minister David Cameron asked the retail entrepreneur to take a look at government procurement. Some years later, the rumour spread that Cameron actually wanted the Philip Green who was CEO of United Utilities (and later chairman of Carillion when it went under) to carry out the work – but his staff asked the wrong Philip Green!

Anyway, the TopShop leader looked at government procurement and came up with stunning recommendations – data was poor, buyers paid different prices and government should centralise more. All the usual stuff. He also invited some senior civil servants to his private suite at a 5-star hotel in order to complain to them that some government staff were spending £100 a night on hotel rooms in London…

The other rumour was that his final report was so unprofessional, another bunch of civil servants had to rush off and convert it into something presentable at the last minute before his presentation to Cameron. You can still see it now here, and it is pretty shoddy work. This sort of thing: “We found the following variations in price for laptops: Highest price: £2,000 Lowest price: £353 Differential: 82%.”

So might they have been different laptops, I wonder?  There was no mention of specifications here.  His solution was “government should buy direct from a multinational manufacturer’. Well, yes, that should do it.  And London hotel costs varied from £77 a night to £117.  Shocking!  He suggested mandating video conferencing.

To be fair, Crown Commercial Services and others in government procurement have got better at looking at markets and choosing the best procurement option and of course Green was correct to point out some failings.

But all this came to mind on reading that Elon Musk has been appointed to lead a new ‘Department of Government Efficiency’ in the US.  This will be the immovable object of US government procurement process and regulation against the unstoppable force of Elon Musk’s ego and self-regard. It has the potential to be hilarious (if you’re not too close to it, anyway).

Trump said in a statement that Musk and co-leader Vivek Ramaswamy (another entrepreneur and previous Presidential candidate who has some VERY odd views) “will pave the way for my Administration to dismantle Government Bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure Federal Agencies.”  The new body won’t be a government agency but will ‘create an entrepreneurial approach to government never seen before’. Their appointment is only until July 2026, which is also interesting, as it means everyone knows they only have to resist the duo for 18 months and they will be gone …

How will this play out for Musk and his mate? To begin with, lots of people are no doubt pouring over the detail of every contract he has ever signed with government, in SpaceX or elsewhere, looking for ‘inefficiencies’.  They will find that ‘waste and fraud’ exists but is much harder to root out than they think.

In the procurement space, then they will come up against all the usual barriers to saving money quickly, including long-term contracts that can’t just be re-negotiated, the need to run lengthy competitive processes or get sued by annoyed potential suppliers, lack of skills and resource in government procurement… and if he brings in external support to help (the Department has no staff currently), he’ll get castigated for ‘wasting money’ on consultants.  

So for instance he could reduce the ‘bureaucracy’ of procurement by getting rid of all the rules and processes around supporting smaller or minority-owned firms. But the biggest group that benefits from that in the US is probably military veterans, so presumably that wouldn’t go down well with Trump supporters.

He could cut through the regulations and give buyers more discretion, or even allow more non-competitive procurement processes. But for every supplier that benefits from a direct-award type contract, there are usually several who don’t like it. Watch out for a boom in legal challenges if this is a route he takes.

He might genuinely save money by simply stopping spend in certain areas. No new laptops or  consultancy contracts for the next 12 months, that sort of thing. That works, until another Trump favourite complains to the President that they can’t implement their new policies because they can’t engage McKinsey to help. Or buy a laptop.

Anyway, maybe I’ll be surprised and the two of them will turn out to be thoughtful, innovative and effective reformers of US government spending / acquisition / procurement. It’s going to be ‘fun’ watching from afar, anyway.

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Manipulating the specification for procurement fraud

One of the more creative ways of committing procurement-related fraud is by the manipulation of specifications. It requires a little more skill than simply bribing a decision maker to choose your firm  or over-invoicing a client and hoping no-one notices, but it can be very effective.  The basic approach is that during the process to select a supplier or suppliers, a key person or people in the buying organisation make sure the specification favours strongly one particular supplier that they want to win the contract.

It is by definition a fraud that requires internal involvement, although often the supplier that wins the contract will be aware of it. Indeed, usually the supplier will be paying some sort of bribe or ‘thankyou’ to their internal accomplice(s). But sometimes, the supplier who benefits is not aware of what is going on, and sometimes the internal protagonist might not even get anything personally out of it. They may even feel they are doing the right thing for the organisation – “I know that Smith and Co are the best firm to do this consulting work, so I just want to make sure nothing goes wrong in the procurement process and they do win it”.

But I would argue this is still corruption if the specification is maniplated away from what would be the ‘best’ for the buying organistion, even if that is ‘just’ corruption of the process rather than corruption for personal gain. Bidding firms often spot this. They will read a specification and think “that has been written to favour our main competitor”.  Often they don’t bid on that basis, and the level of competition is reduced.  There have been many allegations of this practice in the defence sector for example over the years, and this is from the Bad Buying book.

‘One case where corruption was allegedly involved is the long-running saga of the Indian government helicopter contract with AgustaWestland, worth some $466 million. India terminated the contract after accusations that the firm – owned by Finmeccanica of Italy – bribed officials. The Indian government said in 2014 they “terminated with immediate effect the agreement that was signed with AgustaWestland International Ltd (AWIL) on 8 February 2010 for the supply of 12 VVIP/VIP helicopters on grounds of breach of the pre-contract integrity pact and the agreement by AWIL.”

The allegations surrounded manipulation of the specifications, with suggestions that the company had used middle-men to bribe Indian officials to win the 2010 contract. The allegation was that a defence ministry specification insisting its new helicopters should be capable of flying at 6,000 metres altitude was cut to benefit AgustaWestland’.

Actually one of the worst examples I saw of this was when a consultant was repeatedly used by local authorities to help develop the specification for a particular fairly specialist service – he often worked on the procurement as well. Oddly enough, his specifications always seemed to favour one particular supplier, the same one that the consultant regularly worked for in the periods between his work on the buy-side! All the other suppliers knew this and generally didn’t bother bidding if they saw he was involved with the procurement.

Another interesting example popped up recently. The State of Oklahoma in the USA decided to give all its schoolkids a copy of the Bible. But rather oddly, the specification included the requirement that the bible must also include certain US historical documents, such as the Constitution and the Declaration of Independence. Funnily enough, the only version of the Bible that has these additions is what is known as the “God bless the USA bible”, produced with the endorsement of Donald Trump for which he gets a cut of the revenue. It’s a luxury item, bound in leather and sells for the ridiculous amount of $60. A standard bible can be acquired for a fraction of that.

Critics alleged that Oklahoma leaders are keen Trump supporters and deliberately manipulated the specification. However, whether or not that was true, there was good news this week. The state amended its request for 55,000 school Bibles, so other versions can be state approved. The request was altered, removing some of those onerous requirements, a victory for “good buying”!  

So remember how important a good and fair specification is, and if you want a strong competition, try and make sure it isn’t too obviously tilted in favour of one bidder. Unless you want it to be, of course …

(Footnote – you might expect me as a Humanist to be against forcing kids to read the Bible. But actually, I cannot think of anything more likely to make young people feel negative about religion and maybe help them make up their own minds about their beliefs and how they want to live their lives!)

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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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My Manifesto for Public Procurement

I commented recently on the major UK political parties’ manifestos in terms of their procurement ideas, and literally thousands of readers – well, one or two – said “so what would you do then, smart-ar**?”

So here we go.

A Public Procurement Manifesto from the Peter Smith Party

The UK public sector spends over £300 billion a year with third party suppliers – although different definitions of “third-party spend” give somewhat different numbers.  That is £6,000 for every adult in the country, every year. Suppliers are also central to every aspect of public services, from provision of tanks and ships for our country’s defence to medical and social care, from administering benefits to building schools or roads.

So the first priority here must always be to obtain excellent value for money for the taxpayer  – buying the most appropriate goods and services to support effective management of all the country’s public organisations.

Unfortunately, the Conservative government has been responsible for some of the biggest fiascos and wastes of public money that we have even seen, such as HS2, the PPE scandal, Ajax armoured cars that literally deafened the troops inside them, awarding contracts to ferry companies that did not have any ships, or the Carillion disaster, which jeopardized numerous NHS projects.  

Much (but not all) of this has been down to political failings, but procurement officials must play their part too if we are to improve the situation. There have been some positive developments in recent years in terms of procurement capability, in central government in particular, but we need to see more focus on spreading that capability across local government, the NHS, education, police and all government bodies.

Procurement related fraud and corruption has also increased under the Tories’ watch. In 2022 Britain slumped to its lowest-ever international ranking in the independent Transparency International’s global Corruption Perceptions Index (CPI). There needs to be more focus on transparency and competition – the first of those is addressed somewhat in the new Procurement Act, the second imperative is not.

And value for money is about a lot more than “getting a good deal”, or finding the lowest possible price for an item. Public procurement and the way it is carried out is relevant to many different goals, from fighting against corruption to supporting exciting new businesses.

So I will address this be delivering on key themes in terms of how this massive amount of public money is spent every year.  I have 3 key goals for public procurement. As well as delivering on the core value for money promise, we will use these billions of taxpayers’ money  to:

  1. Drive economic growth for the UK
  2. Release cash to invest in better services
  3. Fight against corruption and fraud

Let’s look at the broad objectives my party will pursue under each of those headings.  

1. Drive economic growth for the UK – we will:

  • Encourage and provide early opportunities for innovative young UK businesses.
  • Introduce a programme to identify and support “critical national industries”, including how they can be helped through public procurement.
  • Drive carbon reduction with a stronger approach to public sector supplier requirements.
  • Use government procurement and spend to support charities, CICs, social enterprises, SMEs and minority owned businesses, and make “social value” more relevant locally.

2. Release cash to invest in services – we will:

  • Drive more competition for contracts, with potential to save billions (as the NAO has independently identified).
  • Reduce spend on consultancy services by 50% (including managing risk of “leakage”).
  • Identify and take action where public sector suppliers are making clearly excessive margins.
  • Conduct a thorough review of major capital programmes, particularly HS2, to identify the failings of last decade and the way forward. 
  • Introduce a sceptical “NAO type review” process BEFORE major programmes are started.
  • We will hold an open competition titled “how do we sort out defence competition”? The best response will win £100,000 and a seat on the MOD main Board.

3. Fight against corruption and fraud – we will:

  • Investigate the PPE contracting process.
  • Appoint a “Procurement Ombudsperson” to improve relationships between suppliers and government buyers and to handle complaints, whistleblowing, etc.
  • Introduce stronger safeguards against conflicts of interest.

If you really want further detail… here we go

  1. Drive economic growth for the UK

Encourage and provide early opportunities for innovative young UK businesses

We will launch an innovation programme that gives start-ups the opportunity to “pitch” their offering to government, with the promise that they will be awarded some sort of contract if they are amongst the “winners”. That should be possible under the new UK procurement legislation if handled properly.  The programme would be supported by publicity and promotional opportunities for the participating firms.

Programme to identify and support “critical national industries” including through procurement

The pandemic identified goods and services that really should have some domestic providers within the supply landscape. Proper analysis needs to take place to determine critical areas of weakness, which could range from PPE to complex electronic components. Appropriate actions can then follow, which might take the form of grants, targeted procurement with a UK focus or even government-backed start-ups.

Drive carbon reduction with a stronger approach to public sector supplier requirements

Firms bidding to win large government contracts already have to provide carbon reduction plans. But they only have to show a plan with achievement of a 2050 target – a long way away. So an intermediate (2035?) target should be introduced and the current threshold for this applying reduced to bring more contracts and firms into the policy.

Support charities, CICs, social enterprises, SMEs and minority owned businesses

The long-standing SME spend target simply has not worked. Indeed, it is a classic example of the many Tory policies that were both badly designed, and then not implemented properly. We will replace that with a much more carefully constructed programme and KPIs that focus on a wider range of “deserving cases” in terms of suppliers; businesses with a social purpose, minority owned firms, social enterprises and charities – as well as smaller firms, particularly innovative start-ups. But we will not lose sight of the value for money issue, so  “social value” weighting will be capped at 15% in procurement exercises, at least until proper academic research analyses performance to date of this initiative.

2.         Release cash to invest in services

Drive more competition for contracts, with potential to save billions (as per NAO report)

Competition for major government contracts has decreased under the Tory government. Lack of competition means the taxpayer gets worse deals from suppliers and is also an indicator of corruption. There have been too many examples of contracts being given “to your mates” in recent years – if there is no competitive process, this often suggests some nepotism or favouritism even if we are not looking at outright fraud.

Competition also drives suppliers to give government the best deal. The National Audit Office (NAO) in a July 2023 report showed that 72% of large contracts were bought through frameworks (which restrict or eliminate competition) in 2021-22 compared to 43% in 2018-19. NAO estimates that lack of competition has cost the taxpayer £4 – £7.7 billion per year. So our new policies will drive government bodies into using proper competition in all but the most unusual situations. Use of frameworks and of collaborative buying organisations, including Crown Commercial Services, will be reduced, by legislation if necessary.  Single-supplier frameworks will be banned and non-competitive call-offs controlled more actively, with disciplinary action for transgressors.  

Reduce spend on consultancy services by 50% (including managing risk of “leakage”)

Consultancy spend has risen dramatically in recent years. Some of that is down to lack of skills in the public sector, some is because of the unhealthily close relationship between the big firms, Ministers and senior civil and public servants. Much tighter rules on consultancy frameworks will be introduced and the CCS framework re-tendered with a proper focus on value this time around. 

Labour and the Conservatives have announced that spend will be reduced by 50% through tighter controls on expenditure. But there will need to be close management of “leakage” – consulting spend must not be re-classified as “interim staff” or “managed services” – if that is to succeed. That is what happened when the Tories tried to implement a similar policy in 2010, a policy that initially had some success but quickly dissipated.  

Identify and take action where public sector suppliers are making clearly excessive margins

There is nothing wrong with good suppliers making decent profits from supplying the public sector. However, there comes a point where excessive profit margins indicate a “failed market” and action needs to be taken. For instance, one firm that supplies software to the NHS – and the NHS is virtually its only customer – made £45 million profit last year on a turnover of £70 million, a margin of over 50%. Coincidentally the same firm has become a huge donor to the Conservatives.  That cannot be right on several counts. Such examples will be identified and targeted negotiations will take place to reduce margins to reasonable level and free up cash for spending on key services.

Review of major programmes particularly HS2 to identify failings of last decade and way forward

This is a very important step towards making sure the UK spends public money wisely.  We cannot make progress with the capital investment the country needs if we do not spend the money needed wisely and effectively. We will also publish the review into the Nuclear Decommissioning Agency  procurement fiasco with Bechtel that cost the taxpayer over £100 million. It has been supressed for five years now.

Introduce a sceptical “NAO type review” process BEFORE major programmes are started.

The National Aduit Office does great work in explaining why billions of pounds have been wasted. The problem is that it’s too late by then to do anything, and the lessons learnt become lessons forgotten very quickly. We will introduce an independent, transparent review process (by NAO or equivalent body) to examine all programme plans before money starts to be spent. We will introduce legislation so that government cannot commit to initiatives before they have been validated.

We will hold an open competition titled, “How do we sort out defence procurement”? The best response will win £100,000 and a seat on the MOD main Board.

Frankly, I do not know how to sort out defence procurement. Perhaps someone out there does.

3.         Fight against corruption and fraud

Investigation into PPE contracting process

Labour has announced this and we agree – it is a necessary investigation into the many billions of public money was wasted on PPE during the pandemic. We need to identify the reasons behind this huge loss to the public purse, identify where corruption played its part and look to recover money wherever possible from crooked and incompetent suppliers.

Appointment of “procurement Ombudsperson” to handle complaints, whistleblowing, etc.

Countries such as Canada have appointed an ombudsman whose role is to act as a neutral and independent arbitrator that helps resolve contracting disputes between businesses and government bodies.  Such a role can help improve the competence of procurement but also acts as a bulwark against corruption and fraud in public procurement.

Conflicts of interest

We have seen a worrying growth in “conflicts of interest” affecting public procurement during the Tory government. That is not just friends of Ministers being awarded PPE contracts; it covers MPs and Ministers getting too close to government suppliers and taking up lucrative roles whilst they are in office or immediately on their departure. The same applies to senior public and civil servants, and MOD is probably the major area of concern where conflicts of interest are endemic and ongoing. But other areas such as senior tech roles in the NHS are of increasing concern. We cannot have a situation where the best route for a supplier to win contracts is to quietly promise senior decision-makers in the public sector jobs later if they favour the firms now. That is happening too regularly today.

Vote Peter Smith!

June 2024

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The Minister for Public Procurement Speaks!

Yes, as we’re into the UK election campaign now, articles for the next few weeks may well have a political theme I’m afraid.

Alex Burghart has been in his role for 18 months, which given the turnover in the “UK Minister for Public Procurement” role over the previous few years is a positive. He is a teacher and academic by background, with a PhD in History, who then became a political adviser. So no business experience, but a clever guy, clearly. He spoke at the Procurex National event in Liverpool last month, and his speech is now up on the Cabinet Office website. So first of all, let’s give him credit for showing up and also to Procurex for getting him to attend. Let’s have a look at some of his comments on the new UK public procurement regulations, due to come in to force in October, with my comments on various of his remarks.

“And at the heart of this is ensuring more transparency than ever before, so that we’re spending taxpayers’ money in a way that can be properly scrutinised”.

Rather oddly, that is about all he says in terms of transparency, which is actually one of the biggest changes in the Regulations, with a host of new requirements for buyers. I’m in favour of more transparency but I do worry about the workload burden for already stretched organisations.

“A new duty will require any contracting authority to consider SMEs, to take account of their unique challenges, and we have introduced 30-day payment terms on a broader range of contracts, in response to what SMEs asked us to do”.

“Consider” SMEs does not of course mean using them. I’ve written many times before about the daft SME target for government spend and indeed I do not really see why we support SMEs rather than social enterprises, minority owned firms, local firms, innovative start-ups… The answer is political of course.  So we’ll see whether the Act has any impact on public procurement SME spend – I have my doubts.

“We’re also creating a new central digital platform for suppliers to register and store their details, so that they can be used for multiple bids, and enable them to see all the opportunities in one place”.

Yes, good idea, Sally Collier and I proposed this in 2009 when I was working in government. But given the track record of government developing new platforms, I’ve got my fingers crossed for this one.

“It puts a requirement on public bodies to provide feedback on bids, giving you greater consistency of feedback, helping you shape your next bid”.

This is one of a couple of rather odd or misleading statements from Burghart. There has been a requirement to provide feedback for as long as I can remember and indeed, there are some concerns that the new requirements may lead to less useful feedback. But we’ll have to see how that pans out. Not new or radical though in any sense.

“We are making value for money a core part of our process – ensuring that all contracting authorities must place value for money at the forefront of all procurement activities”.

So what were we basing our procurement decisions on up to now? It seems odd, particularly for a party that has been in charge for 14 years, to suggest that public procurement hasn’t been based on value for money up to now!  But it has, this is just nonsense, unless I’m missing something.

But, perhaps most importantly, we are also going to create a register, accessible to all public sector organisations, that will list suppliers who must – or may – be excluded from contracts.

This is clearly NOT the most important aspect of the new regulations. (I would say that the flexibility to design new procurement processes, which he didn’t really mention, and the transparency rules are the most important).  It is to be welcomed, but benefits will be limited and the proof will be in the implementation. I will be amazed if there are more than a handful – literally – of suppliers on this list by the end of 2025, let’s say. It is well-meaning but will prove very difficult to implement.

A new National Security Unit for procurement in the Cabinet Office will review suppliers for potential risk to our national security in a way never achieved before. It will also conduct investigations and make debarment recommendations to Ministers alongside the Procurement Review Unit, which will do the same for other exclusion grounds.

That sounds good but again let’s see if it actually has any real effect.

Not a bad speech then, all in all, but assuming there isn’t a miracle on July 4th, the Tories will be blaming Labour for “not implementing the new regulations properly” if it all proves to be a disappointment. Burghart has what looks like a very safe seat, even with the predicted swings, so he may well still be around to comment anyway. Indeed, he might be Leader of the Opposition the way things are going.

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Avoiding Bad Buying in UK Local Councils

As the results come in from local elections in England, it is clear that basically the country just wants the Conservative Party to go, the sooner the better. I don’t think there is huge enthusiasm for anyone else but most of the public are just sick of the infighting, incompetence and idiocy of the ruling party in recent years.

However, will changing our local councils make things better? A very interesting article in The Times   looked at data provided by a new agency, the Office for Local Government (Oflog). Ministers set up Oflog last summer to provide “authoritative and accessible” performance data to support improvement in local government.

The data looks at the efficiency and effectiveness of local councils across 27 categories in five main areas: waste management, corporate and finance, adult social care, planning and roads. It revealed for example that some councils have recycling rates that are twice as good as others and that some authorities are failing to process half of planning applications on time, while others are not late on a single one. The figures also show the extent to which many councils are struggling with debts, with six local authorities already having declared themselves bankrupt since 2021. That is certainly in part becuase of lower funding from the centre of government, but competence (or lack of) seems to come into play too in most cases.

The Times accessed all the data to look at variations, which are huge and pretty inexplicable other than by sheer management competence. For example, in the year to September 2022, Hinckley & Bosworth borough council in the East Midlands completed less than half of household planning applications on time. But Tamworth borough council, just 30 miles away, was not late on any.  

The Times also came up with league tables to see if there was any political correlation with performance. Nottingham (Labour controlled) was the worst performing authority. Torridge district council, on the north Devon coast, came top of the table – it is run by independent councillors.

But the results actually supported a theory I’ve held for years, suggesting it is not that the Conservatives (Tories) are generically better or worse than Labour in terms of competence (with the Lib Dems in the picture too in a smaller way). Of the ten worst-performing councils, six are controlled by Labour. Of the ten best-performing councils, six are in coalition or are run by independents, while the Liberal Democrats and the Conservatives run two each.  Eight of the ten worst-performing county councils or rural unitary authorities are controlled by the Conservatives – while seven of the best-performing ten are in coalition or run by independents.

So what it does seem to show is that the worst-performing councils are almost always in areas, towns or cities where there has been a long-term dominant party, whether that is Labour or Tory. Conversely, the best-performing councils are generally more contested, so independents rule the roost, or no single party has a clear majority, or power has changed hands over recent years.

That stands to reason really. If there is a long-term dominant party, there is more scope for arrogance to creep into decision making, or fraud and corruption to spring up, and there is less scrutiny of decisions. “Bad buying”, whether it is just wasting money on frivolous or unnecessary spending, or more serious fraudulent or corrupt expenditure, is more likely where power is well entrenched. Take fraud for example. You are less likely to bribe a councillor, or to stand as a councillor yourself so you can influence planning decisions for nefarious purposes, if it is not clear who will be in charge after the next election.

Similarly, some of the arrogance we have seen in councils such as Woking, where the dominant Tory council invested hundreds of millions in unwise property deals, or in Nottingham, where the council (Labour in power since 1991, 50 of 55 councillors) thought it could run an energy firm better than the professionals, came about I’d suggest in part at least because the councillors thought they were unchallengeable and had complete power.  My own council, Surrey Heath, has also lost money – not as much as Woking though – on property deals put in place by a very arrogant Tory leadership. But last year for the first time ever the Lib Dems took power here.  

However, the correlation is far from perfect. Thurrock, where the council is now suing “businessman” Liam Kavanagh, who allegedly cheated the council out of over £100 million with dodgy solar farm investment schemes (hopefully the ex-finance head at the council will end up in court too), has actually had a few changes of council over the years.

But Liverpool is another example where single-party dominance led to a culture of corruption. Even after commissioners came in to run the City in 2021, the job description I saw for the Head of Procurement role still did not suggest a real appetite to put in place all the controls and governance you would want to see as a taxpayer!

Anyway, all this suggests that if your main interest as a voter is in the effective running of local services, rather than any deep political beliefs, you should aim to keep your local council and councillors on their toes by creating a competitive environment. How you can best do that will vary by area and even local electoral ward. But that seems the best strategy if you want your money to be used honestly and well.

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Horizon – Robert Colvile Investigates and Fujitsu Owns Up

Coming back to the Post Office Horizon scandal, last week at the long-running enquiry into the events, Fujitsu finally apologised and owned up to their contribution to the terrible events. The firm has now promised to make substantial contributions to the payments which should go to the affected sub-postmasters shortly, we hope.

As the BBC reported, “The boss of Fujitsu’s European arm says it has “clearly let society down, and the sub-postmasters down” for its role in the Post Office scandal.

Paul Patterson admitted there were “bugs, errors and defects” with the Horizon software “right from the very start”.  Mr Patterson also reiterated the firm’s apology for its part in the scandal.

Some of the Post Office staff involved in prosecuting the sub-postmasters came over at the enquiry as being both stupid and vindictive, enjoying their role as the “bad guys”. Clearly, the Post Office saw a role for nasty, vicious people in this case.

Then, in the Sunday Times today, Robert Colvile has written an excellent article about the history of the Horizon software. I was also surprised and pleased to find that he quoted from my book, Bad Buying, within his article. He reviewed the book (pretty positively) when it came out in 2020.  My quote is nothing to do with Horizon though – Colvile uses another story of mine to demonstrate general issues with contract management in the public sector.

But he makes a connection that I had missed (and I should have spotted). Horizon started with an ICL project, “Pathway”,  working with the then Department of Social Security back in the 1990s to automate benefits payment. I was actually Procurement Director at the DSS for part of the time this pretty lousy programme was running! But I had not realised it morphed into Horizon, and along the way the failing ICL got acquired by Fujitsu.  

When I joined the DSS, in 1995, I was not exactly welcomed by the people running that programme. I was struggling to get any traction with the programme leadership. So I asked my boss whether I should push harder to get involved. “Do you have plenty of other things to do”, he asked me. Yes, I replied, loads of stuff. “In that case, I think I would leave that programme alone”, he advised. He knew it was a dog and was saving me from failure by association.

That was when the Minister Peter Lilley stood up at the Tory Party conference and showed off the “benefits payment card”. It wasn’t real of course – there never was a working benefits payments card. His was mocked up in his hotel suite the night before by his aides, I was told.

I followed the Horizon case from the beginning and I thought I wrote about it on Spend Matters many years ago but I can’t find the article now, so maybe I just thought about covering the case. I do remember my internal debate about whether to include the story in my Bad Buying book, but it was complex, unfinished and subject to ongoing legal action, so I decided not to, unfortunately perhaps. Although I don’t think my book would have had any effect compared to the TV programme.

Let’s just hope now that the compensation gets sorted out quickly for those affected. And I’ll come back to another issue which Colvile comments on, the question of why Fujitsu has continued to win government contracts since the Horizon affair became public. That takes us into some interesting questions about public procurement regulations, so I’ll save that for another day.

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Local Government Elections – Can We Stop Corruption and Incompetence?

We have local council elections in England on Thursday this week (May 4th). According to the opinion polls, the Conservatives may lose one thousand seats to Labour and (in areas like Surrey where we live), the Lib Dems.  Of course, as a mere procurement author and commentator, I wouldn’t dream of suggesting how you should vote. I mean, if you think we have seen growing prosperity in recent years, improving public services, clear rivers and lakes, a great train service, a ruling cadre that deeply cares about the people… you should vote accordingly.

Personally, I would like to see more councils where there is no single party in control, or at least where the control does and can change over the years. Where the same party rules for decades on end, complacency can set in, or elected councillors can even start behaving in an unethical or criminal manner.

We’ve seen some extreme cases of this in recent years. It is not just one political party behind these disasters either – it was Labour led councils that failed in places including Slough, Liverpool and Croydon, and the Tories in Thurrock, Woking and Northamptonshire. But they have all presided over financial disasters, with gross incompetence always a factor and accompanying fraud in some cases. 

Certainly one common thread is the secrecy, lack of openness and transparency that we see in the behaviour of the councils. My own local council, Surrey Heath, is not quite a disaster on the scale of some of these others, but the Tory council made an extremely misjudged investment in commercial property in Camberley town centre, buying right at the peak of the market. In terms of asset value, that has cost the local taxpayer over £50 million and counting. But the deals were stitched up by a very small cabal of councillors and executives – not even all the Tories in council knew what was going on. Hopefully, the Lib Dems will win here this week, then at least we might get to see the full accounts and the full story behind what went on.

In the case of Thurrock, it was brilliant work by journalist Gareth Davies that exposed the huge and very “strange” investments that may end up costing the taxpayer £500 million in real cash losses. Again, there was no transparency and councillors refused to disclose information for year, even after Freedom of Information requests. (I will be astonished if no-one ends up in court over this case).

Many of the cases involve “bad buying” in a conventional procurement sense too. That was certainly true in Croydon, where construction and refurbishment contracts were part of the story – that is another case where we don’t know yet if the driver was fraud, incompetence or both.  In other examples, it is dodgy investments (which is “buying” of a sort, I suppose), and we also see ridiculously extravagant payoffs to top executives too.

At the end of 2022, Labour published their plan for greater devolution of power. If Labour win the next election, the government will devolve more budget and control to local councils and mayors. I’m all for that in theory, but given what we have seen in the last few years, it also makes me nervous.  If Keir Starmer really wants to do that, he must put in place some checks and balances to make sure we don’t just see more Croydons and Thurrocks, but with even bigger sums of money.

Transparency needs to be addressed, public scrutiny should be made easier, and there should be a strengthened audit regime for councils. But the problem with audit is it is after the event when the money is already gone! So maybe there should be some sort of pre-expenditure check for projects, investments or contracts over a certain amount?  Perhaps a reincarnated Audit Commission could fulfil that role? Anyway, just throwing more money and power at some of the incompetent and /or crooked muppets we have seen around local government in recent years does not seem sensible.

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What’s Wrong with the Auditing Market?

The consultancy group PwC was hit recently with a £7.5m fine over a string of errors while auditing the engineering company Babcock’s accounts, including creating a false record of documents for a sensitive government contract.

In one case, there was no evidence that PwC’s audit team had actually bothered to review a 30-year-contract worth up to £3bn, and in another, the team (none of whom spoke French) had failed to check a €640m (£570m) contract written entirely in French.  There was no evidence PwC tried to translate the documents to confirm the terms of the deal.  PwC’s auditors were also found to have “created a false record” of the audit evidence they had actually gathered in relation to a sensitive government contract.

Yet profit per partner for PWC last year was £920K  Are audit partners in the big firms really worth best part of a million a year? They are not entrepreneurs who have built a business, or indeed CEOs running a major organisation. And it’s not just PWC – KPMG was fined £14.4 million last year for its failings in the audit of Carillion, the construction firm that went bust in 2017. Second-tier firm Grant Thornton messed up over the Patisserie Valerie audit, after the firm collapsed because of alleged internal fraud in 2019.

Meanwhile in the US, Ernst & Young LLP (EY) EY got a massive $100 million fine from the Securities and Exchange Commission (SEC) and agreed to various measures to address ethical issues. The firm was charged for “cheating by its audit professionals on exams required to obtain and maintain Certified Public Accountant (CPA) licenses, and for withholding evidence of this misconduct from the SEC’s Enforcement Division during the Division’s investigation of the matter.”

What is wrong with auditors?  You would think in a well-functioning market, firms that behaved like this would fail and be replaced by better players.   But this is an oligopoly, and the barriers to entry are huge, and perhaps insurmountable. Ironically, the more rules and governance imposed by governments on auditors, then the harder it is for new market entrants to break in – we haven’t seen a significant new player really during my entire working life. The “switching costs” are high for clients too, and the big firms build very close relationships with senior corporate executives which helps to reduce the chance of competition.

The end result is that clients are paying too much, and often not getting good work in return. Although professional procurement involvement in buying these services has increased somewhat in recent years, frankly that does not seem to have had much impact. 

Close to home for me, the Surrey Heath Council accounts for 2019/20 are still in draft form and have not been signed off by the auditor, BDO.  In an election leaflet pushed through our door the other day, the ruling Conservatives say this – “FACT: Our accounts are ready but our auditors BDO continue to miss deadlines (including for Lib Dem councils). We are working hard to find new auditors and increase transparency”.

At least the draft accounts report is available for public inspection, which reveals that the author does not know how to use apostrophes  (“the Council has managed to deliver substantial saving’s on interest payable …)

But if this delay is down to the auditors, surely this is gross incompetence and mismanagement from BDO?  Is this not worthy of a wider barring of the firm from public sector work?  Or (I know this is hard to believe), might a political party be publishing misleading information? I honestly don’t know the answer to that question – but seriously, if auditors are incapable of getting a council’s accounts signed off three years after the end of the year in question, then they shouldn’t be doing this sort of work at all.

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Efficiency Savings – UK Government Looks for a Few Billion

It’s usually  a sign of desperation in terms of the public finances (in the UK anyway)  when politicians suddenly start talking about “efficiency savings”. It’s even more serious when they start building them into future forecasts of public expenditure before identifying where the “savings” might actually come from.  

There is nothing wrong with looking for savings from procurement or internal efficiencies, an any good manager should be doing so continuously. But if you really wanted to run such a proper programme across the UK government, you would need to plan and think carefully about how you structure and resource that, which areas you will focus on and so on.  I was involved in the Gershon efficiency programme way back in the mid-noughties and whilst it probably did not deliver everything it wanted to, it was a serious attempt to address difficult issues such as cross-departmental collaboration and a structured category management approach to central government buying.

Last week, Rishi Sunak, the Chancellor, announced a new efficiency drive. “The drive will be spearheaded by a new Chancellor-chaired “Efficiency and Value for Money Committee” that will cut £5.5 billion worth of waste – with savings used to fund vital public services”.

Set up a committee – I’ve always found that’s a great way of making savings! But when you look closely at the announcement, it seems to apply mainly to the NHS and the arm’s length bodies (“Quangos”).  They “will be expected to save at least £800m from their budgets”.  The Arm’s Length Body Review will see savings supposedly come from “better use of property, reduced reliance on consultants, increased digitisation and greater use of shared services, as well as the use of benchmarking to drive efficiencies”.

What has the last government been doing all these years to leave these savings on the table?!  It’s a good job the Conservatives are now in power to sort it out!  Hang on a minute – they’ve been in office for over a decade now. It’s taken quite a while to realise that issues such as “reliance on consultants” are costing the taxpayer a fortune.  

Meanwhile, the “£4.75 billion worth of savings agreed with the Department of Health and Social Care will come into effect financial year 2022/23.”  So together that gives us £5.5 billion in “savings”, which more than covers the £5.5 billion target previously mentioned. So are central departments not covered by this? It’s not clear.  We may come back to where exactly these huge health savings are going to come from.

The other element of the announcement is this. “The Treasury will also launch a new Innovation Challenge to crowdsource ideas from civil servants on how government can reduce waste and improve public services, with winners selected this Summer and best ideas becoming Government policy…. A 2015 Innovation Challenge received 22,000 responses with 16 measures implemented”.

I predict there will be many ideas from civil servants, and the most common will be “stop Ministers coming up with stupid f***ng policy ideas that will never work and cost a fortune”.

Consider great historical examples such as NPfIT in the NHS, ID Cards, privatisation of probation, FireControl, Universal Credit, most PFI programmes, the aircraft carrier programmes … etc.  Maybe it would also help if we didn’t give PPE contracts to friends of friends and then waste billions because of over-buying and not checking the specification.

But back to the new “efficiency programme”. We’ll know quickly if it really means anything when we see if and how it is to be resourced, and how often this committee is going to meet. The methodology of measuring “savings” is also key. I’m sure the DHSC will find a way of showing Treasury that it made the “savings”, yet somehow it managed to overspend its budget at the same time… and yes, I am deeply cynical about all this!

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