Time to stand up for our national interest, and not be a slave to EU procurement nonsense

Britain shouldn't be hamstrung by rules from Brussels which make no sense, writes Michael Dugher.

The Government recently confirmed that the German conglomerate, Siemens, has won the £1.6bn contract to build rolling stock for the Thameslink line.  This decision is a huge blow to Bombardier, the Derby-based train manufacturer, and a stark example of the Government’s approach to British industry.  Ministers have defended the appalling decision by citing EU procurement rules, but it is inconceivable that any other EU country, bound by the same rules, would have made the same decision 

This month also saw the first meeting of Labour’s new cross-departmental procurement group, made up of a frontbench shadow minister from every shadow team.  The quality of procurement practise across the public sector varies markedly and part of the problem is that there is still a fragmented approach with Whitehall operating in silos.   The aim of the new group is to address this, as well as to develop new thinking to feed into our ongoing policy reviews.  One of the major issues we will be looking at is the need for more flexibility in relation to EU procurement rules. 

The problems around EU procurement are complex and far from new.  Initially, EU Directives were designed to ensure transparency and non-discrimination, leading to outcomes which represent good value for money.  But there has been a growing sense amongst British businesses that when it comes to EU procurement rules, the current system simply doesn’t function fairly and that our continental neighbours (and competitors) manage to support their domestic industry in a way that simply doesn’t happen enough in the UK.  This has got to be bad for the British economy.    

In 2004, Gordon Brown commissioned Alan Wood to look into this area and he produced a report which showed just how one-sided the procurement rules have been operated.  Many British business leaders quoted in the report spoke of an uneven playing field and how other European countries were able to fit the specifications of a contract to give a good chance to domestic suppliers.  This explains, for example, why all trains in Germany are built by Siemens.

In countries like Germany and (above all) France, contracts are often sliced up into parts so that each slice falls below the minimum required for compulsory international tendering.   There is also often an important specification that states that as well as considering price, the final choice has to represent “best value”, a concept which forces Ministers to take into consideration wider economic, environmental and strategic industrial factors. 

The result is that the single market in procurement is often a bit of a chimera, with countries tending to support home industries and domestic taxpayers as much as they can.

The obvious question then is this: why have we not been acting in the same way in the UK?  In Britain, it seems, many of the problems have stemmed from what might be described as Whitehall's rather ambivalent attitude towards British industry.  For years, civil servants in Whitehall have too often used EU procurement rules as a basis - an excuse even - to make recommendations to Ministers that simply do not do the right thing by the UK.

As the procurement expert Professor Dermot Cahill said when giving evidence to the new shadow procurement group this month, purchasers often hide behind EU law as “the problem”.  He added that to start with only 20 per cent of public procurement tenders are large enough to fall under the EU rule requirements, and that even large contracts are more flexible than they are sometimes made out to be.   

Unfortunately, Ministers in this Government appear either to share the indifference to British industry or are simply content to sign off advice without properly challenging their officials.  The Government’s handling of the Thameslink contract is an example of this attitude.  And another scandalous recent example was with the London Olympics – where out of the 2,717 cars procured to drive officials and athletes around during the event, only a 360 were manufactured in the UK.

So a complete shift in mind-set is needed in Whitehall.  Public procurement is an important driver for economic growth and employment and its creative use can help maximise the impact of public spending.  As Ed Balls has said recently, Labour could be set to inherit a very difficult financial situation in 2015, which will require us to govern in a different way with much less money around.  So how we use procurement to best effect and best value will become increasingly important.   

Ed Miliband and Chuka Umunna have both already spoken about using the power of procurement to support British innovation and jobs, calling for large suppliers to offer apprenticeship opportunities on public contracts as a way of sharing the proceeds of growth.  And over the last few years, the Labour Government in Wales has been successfully moving towards this wider approach.  For example, Dermot Cahill said that the introduction of “community benefit” criteria in Wales has meant that there is public value left behind when procurement contracts finish.     

This approach is certainly not about being anti-open competition.  It is about being smarter.  It is about considering what is best for the UK, in a wider economic context, when deciding the criteria for major public procurement contracts and when spending British tax-payers money. 

And despite perceived wisdom, none of this is incompatible with EU law.  Of course, there are technical revisions to EU procurement rules that will help remove barriers for British businesses trying to access the European market - and this will be part of Labour’s determination to drive reform in the EU so it once again works in our national interest.  But crucially, we need to look at why we are not showing the same ingenuity and flexibility that other EU states currently do.

The irony is that by standing up more for our national interest, and refusing to be a slave to EU procurement nonsense, our approach might actually make us more European in that we would be acting in a way that is more like our European counterparts.  The consequence of this would be Britain left better off.        

Michael Dugher MP is Shadow Minister without Portfolio and Vice-Chair of the Labour party. He jointly chairs, together with Chuka Umunna, Labour's frontbench procurement group

Photograph: Getty Images

Michael Dugher is Labour MP for Barnsley East and the former Shadow Secretary of State for Culture, Media and Sport.

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Here’s everything wrong with Daniel Hannan’s tweet about Saturday’s Unite for Europe march

I am Captain Ahab, and Dan is my great white whale, enraging and mocking me in equal measure through his continued political survival.

I was going to give up the Daniel Hannan thing, I really was. He’s never responded to this column, despite definitely being aware of it. The chances of him changing his views in response to verifiable facts seem to be nil, so the odds of him doing it because some smug lefty keeps mocking him on the internet must be into negative numbers.

And three different people now have told me that they were blissfully unaware of Hannan's existence until I kept going on about him. Doing Dan’s PR for him was never really the point of the exercise – so I was going to quietly abandon the field, leave Hannan to his delusion that the disasters ahead are entirely the fault of the people who always said Brexit would be a disaster, and get back to my busy schedule of crippling existential terror.

Told you he was aware of it.

Except then he does something so infuriating that I lose an entire weekend to cataloguing the many ways how. I just can’t bring myself to let it go: I am Captain Ahab, and Dan is my great white whale, enraging and mocking me in equal measure through his continued political survival.

I never quite finished that book, but I’m sure it all worked out fine for Ahab, so we might as well get on with it*. Here’s what’s annoying me this week:

And here are some of the many ways in which I’m finding it obnoxious.

1. It only counts as libel if it’s untrue.

2. This sign is not untrue.

3. The idea that “liars, buffoons and swivel-eyed loons” are now in control of the country is not only not untrue, it’s not even controversial.

4. The leaders of the Leave campaign, who now dominate our politics, are 70 per cent water and 30 per cent lies.

5. For starters, they told everyone that, by leaving the EU, Britain could save £350m a week which we could then spend on the NHS. This, it turned out, was a lie.

6. They said Turkey was about to join the EU. This was a lie too.

7. A variety of Leave campaigners spent recent years saying that our place in the single market was safe. Which it turned out was... oh, you guessed.

8. As to buffoons, well, there’s Brexit secretary David Davis, for one, who goes around cheerfully admitting to Select Committees that the government has no idea what Brexit would actually do to the economy.

9. There was also his 2005 leadership campaign, in which he got a variety of Tory women to wear tight t-shirts with (I’m sorry) “It’s DD for me” written across the chest.

10. Foreign secretary Boris Johnson, meanwhile, is definitely a liar AND a buffoon.

11. I mean, you don’t even need me to present any evidence of that one, do you? You just nodded automatically.

12. You probably got there before me, even. For what it's worth, he was sacked from The Times for making up a quote, and sacked from the shadow frontbench for hiding an affair.

13. Then there’s Liam Fox, who is Liam Fox.

14. I’m not going to identify any “swivel-eyed loons”, because mocking someone’s physical attributes is mean and also because I don’t want to get sued, but let’s not pretend Leave campaigners who fit the bill would be hard to find.

15. Has anyone ever managed to read a tweet by Hannan beginning with the words “a reminder” without getting an overwhelming urge to do unspeakable things to an inanimate object, just to get rid of their rage?

16. Even if the accusation made in that picture was untrue, which it isn’t, it wouldn’t count as libel. It’s not possible to libel 52 per cent of the electorate unless they form a distinct legal entity. Which they don’t.

17. Also, at risk of coming over a bit AC Grayling, “52 per cent of those who voted” is not the same as “most Britons”. I don’t think that means we can dismiss the referendum result, but those phrases mean two different things.

18. As ever, though, the most infuriating thing Hannan’s done here is a cheap rhetorical sleight of hand. The sign isn’t talking about the entire chunk of the electorate who voted for Brexit: it’s clearly talking specifically about the nation’s leaders. He’s conflated the two and assumed we won’t notice.

19. It’s as if you told someone they were shit at their job, and they responded, “How dare you attack my mother!”

20. Love the way Hannan is so outraged that anyone might conflate an entire half of the population with an “out of touch elite”, something that literally no Leave campaigners have ever, ever done.

21. Does he really not know that he’s done this? Or is he just pretending, so as to give him another excuse to imply that all opposition to his ideas is illegitimate?

22. Once again, I come back to my eternal question about Hannan: does he know he’s getting this stuff wrong, or is he genuinely this dim?

23. Will I ever be able to stop wasting my life analysing the intellectual sewage this infuriating man keeps pouring down the internet?

*Related: the collected Hannan Fodder is now about the same wordcount as Moby Dick.

Jonn Elledge edits the New Statesman's sister site CityMetric, and writes for the NS about subjects including politics, history and Daniel Hannan. You can find him on Twitter or Facebook.