The mystery services you pay for and aren't allowed to know about

There is a vast range of stuff involving taxpayers’ money that taxpayers aren’t actually allowed to know. Why?

Here is brief assortment of things you aren’t supposed to know. The terms under which Circle Healthcare was contracted to take over an NHS hospital in November 2011. The date by which the NuGen joint venture was due to construct a new nuclear power station at Sellafield. How much the Lord Mayor of Chester spends on leasing a chauffeur-driven Bentley.

This isn't an exhaustive list, you understand: these are just a few of the incidences in which that will-sapping phrase "commercial confidentiality" has popped up in the news over the last few months – put there, no doubt, by journalists steaming from the ears at their inability to get hold of actual facts and figures.

This dreaded phrase comes from the Freedom of Information (FOI) Act, which makes clear that, while the public has a perfect right to know about most of what the government does, there are certain areas in which the powers that be are within their rights to keep schtum: anything, in fact, deemed “prejudicial to the commercial interests” of somebody or other.

The result of all this is that there is a vast range of stuff involving taxpayers’ money that taxpayers aren’t actually allowed to know. Want to see the un-redacted contracts under which outsourcing firms are running public buildings? Or what targets they have to hit, to claim their rather expansive bonuses? Tough. None of your business. Bugger off.

If the private sector feels at all concerned about the impression this is leaving, it’s hiding it well. In early September, the main business lobbying organisation, the CBI, put out a report calling for greater transparency regarding how services were performing. This, it argued, would make it easier both to spread good practice, and to highlight when things were going wrong.

The reason for this sudden commitment to openness is simple: it drives trust. The more information we have about how good private firms are at offering public services, the CBI thinks, the more comfortable we’ll all get with the idea. The report doesn't quite come out and say it, but it seems to be aimed at things like the Staffordshire hospital scandal; its subtext can best be summarised as 'Game on'.

Not everyone’s going to agree with that, of course, but most people, at least, would probably say this commitment to openness is to the lobby group’s credit. There is, however, a gaping hole in its argument: it only talks about one side of the equation. The report includes an airy promise that “citizens are entitled to know how taxpayers’ money is spent”; but it mentions commercial confidentiality only once, and that’s to say how important it is that the rules allowing secrecy stays in place. As far as the business lobby is concerned, we’re allowed to see what’s coming out of public services; we’re not allowed to see what’s going into them.

If pushed on the matter, the CBI’s wonks point out that financial arrangements within the public sector tend towards the opaque, too. And they argue that publishing contracts would stifle innovation. Commercial confidentiality works like a patent: no one’s going to spend money coming up with a cleverer way of doing things if they think their rivals will instantly nick it.

But even if every closed contract is hiding a wealth of innovation, which is frankly hard to believe, isn't it in our interests that their rivals can see this and start copying it? If the risk of financial transparency is that everything gets cheaper, then I'm not convinced the downside is quite as big as the CBI thinks.

The real reason commercial confidentiality persists lies elsewhere. Outsourcing firms may not want any pesky members of the Public Accounts Committee trawling through their contracts – but neither does the government. There are no clear rules setting out what can be classed as confidential, or when it can be overruled by public interest. There is, what’s more, plenty of anecdotal evidence to suggest that specific financial information sometimes stays hidden at official request. If you were the guy who signed the PFI contract that included a £300 fee every time a light-bulb needed changing, you’d want it hushed up, too.

But there’s a sort of Prisoner’s Dilemma at work here. Both outsourcing firms and public authorities think it in their short term interest to keep everything quiet – but both might benefit from a touch of transparency. If there was a public interest rule that meant any contract involving public money would be subject to FOI, then the government would probably benefit by getting products and services cheaper. But companies could benefit too: partly because they could see what their rivals were up to, but mostly because everything the CBI says about the value of trust is entirely true.

Fairly or otherwise, a lot of people remain convinced that outsourcing companies are all evil profiteers, growing rich off the backs of children or sick people. Some of them aren’t. Some genuinely believe they can provide better public services at lower cost. Were they to be more willing to prove it, we might start to believe them.

Want to know how much the Lord Mayor of Chester spends on a chauffeur-driven Bentley? Sorry. Image: Getty

Jonn Elledge is the editor of the New Statesman's sister site CityMetric. He is on Twitter, far too much, as @JonnElledge.

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What Brussels can learn from the Italian referendum

Matteo Renzi's proposed reforms would have made it easier for eurosceptic forces within Italy to gain power in upcoming elections in 2018.

The Austrian presidential elections can justifiably be claimed as a victory for supporters of the European Union. But the Italian referendum is not the triumph for euroscepticism some have claimed.

In Austria, the victorious candidate Alexander van der Bellen ruthlessly put the EU centre stage in his campaign. “From the beginning I fought and argued for a pro-European Austria,” he said after a campaign that saw posters warning against “Öxit”.

Austrians have traditionally been eurosceptic, only joining the bloc in 1995, but Brexit changed all that.  Austrian voters saw the instability in the UK and support for EU membership soared. An overwhelming majority now back continued membership.

Van der Bellen’s opponent Norbert Hofer was at an immediate disadvantage. His far right Freedom Party has long pushed for an Öxit referendum.

The Freedom Party has claimed to have undergone a Damascene conversion but voters were not fooled.  They even blamed Nigel Farage for harming their chances with an interview he gave to Fox News claiming that the party would push to leave the EU.

The European Commission, as one would expect, hailed the result. “Europe was central in the campaign that led to the election of a new president and the final result speaks for itself,” chief spokesman Margaritis Schinas said today in Brussels.

“We think the referendum in Italy was about a change to the Italian constitution and not about Europe,” Schinas added.

Brussels has a history of sticking its head in the sand when it gets political results it doesn’t like.

When asked what lessons the Commission could learn from Brexit, Schinas had said the lessons to be learnt were for the government that called the referendum.

But in this case, the commission is right. The EU was a peripheral issue compared to domestic politics in the Italian referendum.

Alberto Alemanno is Jean Monnet Professor of EU Law and an Italian. He said the reforms would have been vital to modernise Italy but rejected any idea it would lead to an Italian Brexit.

“While anti-establishment and eurosceptic actors are likely to emerge emboldened from the vote, interpreting the outcome of the Italian referendum as the next stage of Europe’s populist, anti-establishment movement – as many mainstream journalists have done – is not only factually wrong, but also far-fetched.”

Renzi was very popular in Brussels after coming to power in a palace coup in February 2014. He was a pro-EU reformer, who seemed keen to engage in European politics.

After the Brexit vote, he was photographed with Merkel and Hollande on the Italian island of Ventotene, where a landmark manifesto by the EU’s founding fathers was written.

This staged communion with the past was swiftly forgotten as Renzi indulged in increasingly virulent Brussels-bashing over EU budget flexibility in a bid to shore up his plummeting popularity. 

Commission President Jean-Claude Juncker even publicly reprimanded Renzi for demonising the EU.

Renzi’s vow to resign personalised the referendum. He gave voters a chance to give him a bloody nose when his popularity was at an all-time low.

Some of the reforms he wanted were marked “to be confirmed”.  The referendum question was astonishingly verbose and complex. He was asking for a blank cheque from the voters.

Ironically Renzi’s reforms to the constitution and senate would have made it easier for the eurosceptic Five Star Movement to gain power in upcoming elections in 2018.

For reasons best known to themselves, they campaigned against the changes to their own disadvantage.

Thanks to the reforms, a Five Star government would have found it far easier to push through a “Quitaly” referendum, which now seems very distant.  

As things stand, Five Star has said it would push for an advisory vote on membership of the euro but not necessarily the EU.

The Italian constitution bans the overruling of international treaties by popular vote, so Five Star would need to amend the constitution. That would require a two thirds majority in both houses of parliament and then another referendum on euro membership. Even that could be blocked by one of the country’s supreme courts.

The Italian referendum was closely watched in Brussels. It was hailed as another triumph for euroscepticism by the likes of Farage and Marine Le Pen. But Italians are far more likely to be concerned about the possibility of financial turbulence, which has so far been mildly volatile, than any prospect of leaving the EU in the near future.

James Crisp is the news editor at EurActiv.com.