After the G4S debacle, it's time to re-think the role of the private sector

We should be much clearer about where outsourcing is not in the national interest.

The failure of G4S to deliver sufficient security staff to cover Olympic venues has reignited the debate about the role of the private sector in delivering public services.  Coming soon after the controversy surrounding A4E, this latest scandal should lead us to ask big questions about how these contracts are designed and monitored, but also about the wider role of the private sector in delivering public services.

There have traditionally been three positions on this.  First, there are those who say "private good, public bad": the public sector is slow and inefficient because it is not exposed to competition, whereas private companies are inherently better at getting value for money.  Second, there are those who say "public good, private bad": the private sector will always put profits first, whereas those who work in the public sector will always put the public first.  Third, there are those who say "what matters is what works": let’s put ideology to one side, it doesn’t matter who provides the service, the contract should go to those who deliver the best outcomes at the lowest cost.

I occupy a fourth position, one that retains an important dose of pragmatism, but which is attentive to the wider consequences of the privatisation of the public realm.  Clearly there is a case for contracting a private company to deliver a service where this can add capacity quickly, where a public provider has catastrophically failed or where a private provider can bring innovation and demonstrably improve outcomes as a result. 

However, those of us on the left should want to see boundaries put around the extent of private sector provision of public services. Social democrats believe in a strong public realm, constituted by institutions that embody the shared values of public service and promoting the common good. Those institutions send out important signals about the kind of society we are and help to inculcate values of public spiritedness and reciprocity.  Few of us want to live in a society where almost every relationship involves the extraction of profit.

So this should give us a wider concern not to allow the role of the private sector to go too far.  But more specifically there are services that are generally unsuitable for private sector delivery.  First, there are services where the outcomes we want are far too complex to be easily contracted for.  We don’t just want schools to deliver a target for the number of children getting 5 A*-C GCSEs, we also want them to help young people become good citizens and to broaden their imaginations. It is hard to contract for this.

Second, there are relational services which engage the public very intensively and where the introduction of the profit motive may undermine the trust upon which good quality relationships depend.   This is why the public are less concerned about back office functions being outsourced but are more concerned about the privatisation of relational front line services such as schools and hospitals. 

Third, there are services which are there to uphold the rule of law, such as the police and the judiciary, where it is particularly important that private interests are excluded and that there is direct public accountability.

Finally, there are services that are particularly important for the inculcation of values.  This is one reason why we should oppose the introduction of profit-seeking "free schools": if we want young people to believe in the value of public service it sends entirely the wrong signal if the very schools we provide to educate them are run in part in for profit.

Now clearly there are some services that are currently delivered by the private sector that would count as complex and relational, including most care homes and many nurseries, for example.  However we shouldn’t let the current mix of provision lead us to take the view that almost anything is appropriately delivered by the private sector.  The way services are provided is due to a series of historical political decisions and compromises.  Adopting these principles does not mean unpicking all of that: we have to look at the current mix of provision and, while being attentive to the considerations I have set out, make pragmatic judgements about the future.

Where private providers are in principle appropriate, the G4S debacle should lead us to ask some hard questions about how contracts are designed and monitored.  Does a public sector that has pulled out of direct provision have the skills and expertise to design good contracts and properly monitor compliance?  Are there sufficient competitors in the market place to prevent ‘too big to fail’ providers posing significant risk?

There are many private providers delivering excellent services all around the country, often in collaboration with public and third sector organisations.  And there are many examples of public organisations failing to deliver and providing terrible customer service.  We should remain pragmatic about this – but we should be much smarter at commissioning, much tougher on compliance and much clearer about where outsourcing is not in the national interest.

Members of the armed forces are shown around the site of the London 2012 Olympics in east London. Photograph: Getty Images.

Rick Muir is director of the Police Foundation

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Winning Scottish independence will be even harder than before - but it may be the only choice

Independence campaigners will have to find answers on borders, currency and more. 

The Brexit mutiny has taken not just the UK economy and its relationship with Europe into uncharted waters. it has also imperilled the union between Scotland and England. From Sir John Major to the First Minister, both Unionists and Nationalists had warned of it. The outcome, though, has made this certain. The Leave vote in England and Wales contrasted with an overwhelming Remain vote north of the border.

That every region in Scotland voted to stay In was quite remarkable. Historically, fishing and industrial communities have blamed the European Union for their woes. That antagonism was probably reflected in lower turnout - an abstention rather than a rejection. 

The talk now is of a second referendum on independence. This is understandable given the current mood. Opinion polls in the Sunday Times and Sunday Post showed a Yes vote now at 52 per cent and 59 per cent respectively. Moreover, anecdotal evidence suggests even arch No vote campaigners, from JK Rowling to the Daily Record, are considering the option.

The First Minister was therefore correct to say that a second referendum is now “back on the table”. Her core supporters expects no less. However, as with the economy and Europe, the constitutional relationship between Scotland and England is now in uncharted seas. Potential support for independence may be higher, but the challenges are arguably bigger than before. The difficulties are practical, political and geographic.

Of course the Little Englanders likely to take the helm may choose a velvet divorce. However, given their desire for the return of the Glories of Britannia that’s improbable. They’re as likely to wish to see Caledonia depart, as cede Gibraltar to Spain, even though that territory voted even more overwhelmingly In.

Ticking the legal boxes

Practically, there’s the obstacle of obtaining a legal and binding referendum. The past vote was based on the Edinburgh Agreement and legislation in Westminster and Holyrood. The First Minister has indicated the democratic arguments of the rights of the Scots. However, that’s unlikely to hold much sway. A right-wing centralist Spanish government has been willing to face down demands for autonomy in Catalonia. Would the newly-emboldened Great Britain be any different?

There are no doubt ways in which democratic public support can be sought. The Scottish Government may win backing in Holyrood from the Greens. However, consent for such action would need to be obtained from the Presiding Officer and the Lord Advocate, both of whom have a key role in legislation. These office holders have changed since the first referendum, where they were both more sympathetic and the legal basis clearer. 

Getting the EU on side

The political hurdles are, also, greater this time than before. Previously the arguments were over how and when Scotland could join the EU, although all accepted ultimately she could remain or become a member. This time the demand is that Scotland should remain and the rest of the UK can depart. But will that be possible? The political earthquake that erupted south of the Border has set tectonic plates shifting, not just in the British isles but across the European continent. The fear that a Brexit would empower dark forces in the EU may come to pass. Will the EU that the UK is about to leave be there for an independent Scotland to join? We cannot know, whatever European Commission President Jean-Claude Juncker may be saying at the moment. The First Minister is right to start engaging with Europe directly. But events such as elections in France and the Netherlands are outwith her control. 

Moreover, currency was the Achilles heel in the last referendum, and hasn’t yet been addressed. George Osborne was adamant in his rejection of a currency union. The options this time round, whether a separate Scottish currency or joining the euro, have yet to be properly explored. A worsened financial situation in the 27 remaining EU members hampers the latter and the former remains politically problematic. 

The problem of borders

Geography is also an obstacle  that will be even harder to address now than before. Scotland can change its constitution, but it cannot alter its location on a shared island. In 2014, the independence argument was simply about changing the political union. Other unions, whether monarchy or social, would remain untouched. The island would remain seamless, without border posts. An independent Scotland, whether in or out of the EU, would almost certainly have to face these issues. That is a significant change from before, and the effect on public opinion unknown.

The risk that's worth it

Ultimately, the bar for a Yes vote may be higher, but the Scots may still be prepared to jump it. As with Ireland in 1920, facing any risk may be better than remaining in the British realm. Boris Johnson as Prime Minister would certainly encourage that. 

David Cameron's lack of sensitivity after the independence referendum fuelled the Scottish National Party surge. But perhaps this time, the new Government will be magnanimous towards Scotland and move to federalism. The Nordic Union offers an example to be explored. Left-wing commentators have called for a progressive alliance to remove the Tories and offer a multi-option referendum on Scotland’s constitution. But that is dependent on SNP and Labour being prepared to work together, and win the debate in England and Wales.

So, Indy Ref The Sequel is on the table. It won’t be the same as the first, and it will be more challenging. But, if there is no plausible alternative, Scots may consider it the only option.

Kenny MacAskill served as a Scottish National MSP between 2007 and 2016, and as Cabinet Secretary for Justice between 2007 and 2014.