Select Committee on Public Administration Minutes of Evidence


Examination of Witnesses (Questions 300 - 319)

TUESDAY 20 NOVEMBER 2007

RT HON ED MILIBAND MP AND PHIL HOPE MP

  Q300  Chairman: These people that you are talking about get fed up, do they not, with endless politicians talking about elections.

  Ed Miliband: I have to say, I have not had anyone in my surgeries, I do not know about you, come to me and say, "This election business".

  Chairman: My constituents talk of nothing else! Anyway, David.

  Q301  Mr Burrowes: You said that you are part of the Prime Minister's inner sanctum. Given that, has that undermined or enhanced the role of the Cabinet Office?

  Ed Miliband: I think I am a relatively junior member of the Cabinet who does what Cabinet Office ministers have always done, which is to focus on the issues that I set out at the beginning and provide more general support to the Prime Minister and the Cabinet. My only direct experience of this is Hilary Armstrong, my predecessor, and she spent time helping the previous Prime Minister, as ministers of the Cabinet Office have always done. What is interesting about the Cabinet Office now is that you have a secretariat around domestic policy run by Jeremy Heywood, foreign policy run by Simon McDonald and European policy run by Jon Cunliffe, which is a strength capability. We have the Strategy Unit and we also have a role in relation to the Delivery Unit; so that is a wide range of issues that we cover around policy-making in the Cabinet Office.

  Q302  Mr Burrowes: Has that changed though from your predecessor, Hilary Armstrong, in terms of that relationship between the Cabinet Office and the Prime Minister?

  Ed Miliband: I think what is interesting is that, in response to the Capability Review, we have got that strength and capability partly because, as I say, the Capability Review identified the issue of how we drive policy across government, but I would say the relationship between the Minister for the Cabinet Office and the Prime Minister is pretty similar now to what it was before the transition.

  Q303  Mr Burrowes: You said you were a junior Cabinet Minister. I suppose that somehow is a reference to the fact that you have effectively been in Parliament for two years in a sense, but the reference from Hilary Armstrong looked at the position of the training of ministers in the national school, and in some ways you must have come top of the class or you gave a nice apple to the head teacher, I do not know, but either way you have received two major promotions. Do you think you have had sufficient training for that job?

  Ed Miliband: I think ministerial training is very important. I read Hilary's testimony to you and in a way I think it is quite easy for people to be contemptuous of the notion of coaches and training and all that because it is fashionable to be so, but I actually think that ministers probably are under trained. When I first became a minister, Minister for the Third Sector, I took part in some of the ministerial training. I think there is a lot more we can do, frankly, in this area. I had a bit of experience before being a minister, working as a special adviser with civil servants, but there is a whole set of issues around how you work with civil servants, how you lead a department, and so I think we all need more training in our daily lives and I think it is a good thing that we are doing more of this.

  Q304  Mr Burrowes: Do you give performance appraisals to Phil Hope then?

  Ed Miliband: Maybe I should let Phil answer as to what kind of manager I am. I have regular meetings with my ministers and talk about the priorities that I have and that they have and how we take forward the priorities of the department. Phil, do you want to add anything?

  Phil Hope: No, we could do a mock supervision session here in the committee, but I do not think that would be very helpful. I think it is about working collaboratively, and I think the three ministers in the Cabinet Office, myself, Gillian Merron and Ed, work very closely together and meet regularly and I feel that I certainly get the support that I need to do the job that I do, particularly given Ed's role in the past doing this job, but also collectively. We operate very effectively as a team and it is a good department to be part of.

  Q305  Mr Burrowes: I do not suppose you get a performance appraisal from your boss?

  Ed Miliband: No, we do not have that formal system in government. I have thought, when I have discussed in the past with Hilary Armstrong and others this issue of ministerial training, about whether you could move to a more formalised system of appraisal. Lots of people would say—they might even say it about me—that the process of promotion and all that is quite capricious. I think it is quite hard in the political system that we have, where you have got different politicians, to have that sort of formalised system of appraisal, but I certainly think that government does not do enough in this area. Lots of things which in the private sector we take for granted are not done sufficiently and I think it is an area, and I have talked to the Cabinet Secretary about this as well, where we need to make more progress.

  Chairman: Thank you for that.

  Q306  Kelvin Hopkins: About the relationship between Number 10 and the Cabinet Office. In the previous regime there was a very strong flavour, certainly to me, that Number 10 was somewhat separate from the Cabinet Office and, indeed, from the Cabinet at times as well; it led its own life. The suggestion from Gus O'Donnell last week was that Number 10 was part of the Cabinet machine, Cabinet Office. Has there been a rapprochement in a sense since the new Prime Minister has taken over? Is it now working more happily together?

  Ed Miliband: I am not sure what the opposite of rapprochement is. I do not recognise the description that there was a kind of separateness before. I have only got a year's experience of this in my previous role. I thought there was actually quite close working. This new capability, and the three individuals I mentioned who lead these different teams in the Cabinet Office, is a way in which the Cabinet Office perhaps serves better the Prime Minister, it is a cross-government function, but I think the Cabinet Office and Number 10 work well together now, I actually think they worked pretty well together before.

  Q307  Mr Walker: Are all the ministers in the Cabinet Office paid a ministerial salary?

  Ed Miliband: Yes.

  Q308  Mr Walker: Because there are some ministers, I am right in thinking, that are not paid a ministerial salary at the moment. Does it cause you concern that we could be creating a two-tier ministerial structure: those who are being paid and those who are not being paid? Do you think that is sustainable in the longer term?

  Ed Miliband: I think there are always controversies about ministers being unpaid, but I think there is a limit on the number of paid ministers you can have and it is probably sensible to have that sort of limit because this Committee might be saying, "Let us not have hundreds and hundreds of ministers." So, it is probably understandable that there is that limit, and that is why some people are unpaid. You say there are people in the Government who are unpaid. I do not know who they are. Perhaps the implication of that is that it does not make a difference between the different statuses of ministers in the Government.

  Mr Walker: I think there are eight. I am a trade unionist, funnily enough as a Tory MP. There are not many of us, but I think if you are going to do a job, you should be paid for doing the job. This is not a go at government, I just feel uncomfortable at the idea that we have people working very hard, because I know you do work very hard as ministers, and I am sure they work just as hard as their paid colleagues, and that they do not receive a salary for that.

  Q309  Chairman: There we are. Charles will make representations on their behalf. Any more Cabinet Office questions before we move on to the commissioning area? If not, let us move to the territory that we asked you to come and talk about. Can I ask one question to get us going. As we have been taking evidence in this inquiry, it has been difficult to match the rhetoric in this area, people saying rather high-falutin things about the role of the third sector with the reality is it is developing, and in particular, I think, the question of just what does the Government see is the role of the third sector as it develops has been quite difficult to tease out. We have been reminded that, in fact, its contribution in terms of public spending, I think it is something like 2 % of public spending, is really very, very small and so I think one question that presented itself is: what would the Government like it to be? Given its rhetoric, given all the documents that are produced, the speeches that are made, it has targets in every other area, what is its target for the amount of public provision that should come through the third sector?

  Ed Miliband: The way I would answer that, Chairman, is to say I think it is right not to set a target. Let me explain why. As you say, currently 2 % of public spending or so goes on the third sector. We have identified in the action plan, which I know you have seen, five areas where we think the third sector can make more of a contribution and play more of a role, but I suppose what I have learnt during this process of, first of all, being Minister for the Third Sector and now as Minister for the Cabinet Office is that the key to this is what happens on the ground. It is local commissioners and the decisions that they make. Do they recognise the contribution and the role that the third sector can make, how do they shape services, either locally or regionally and what involvement does that mean for the third sector? So to set a top-down target for this, I do not think would be sufficiently responsive to local circumstances. The other thing I would say (and Phil may want to add something on this) is that it is really important, and I have tried to do this throughout the time I have been associated with this area, to be realistic and credible about expectations and how quickly this is going to be moved. I have said before, I think, that the amount of third sector delivery will increase, but I think it needs to be appropriate to third sector organisations being ready to do that, wanting to do that, and, as I say, being appropriate to local circumstance and local needs. I think to set a top-down target from government would not be the right way to go.

  Phil Hope: I want to make a general point, which is that the third sector exists outside, as it were, of public sector funding as well as receiving public sector funding. I suppose there is a profound point to make about the third sector in this country, which is that it plays an absolutely essential role. It makes an enormous contribution to British society, whether it is small front-line community groups, the volunteers, the local people in their communities that we all know and see and represent us as Members of Parliament, or large national voluntary organisations and everybody in between. I just want to make that broad point first. Secondly, when it come down to specifically the contribution it makes in terms of improving public services or delivering public services, for me it is about outcomes, not about a target in a particular proportion of one sector or another. It is about where the third sector at a local level can play a part in achieving better outcomes for individuals and their families in local communities. There are five areas that we talk about. Correctional services, children's services, employment and skills, training, health and social care are areas where we know—where there is a need for personal contact, particularly where people need individualised and personalised services—that third sector organisations have got a proven track record. I have been seeing them as I have been in this job in the past five months and, indeed, in my previous career in the third sector meeting voluntary organisations, community groups, charities, social enterprises, who make an important impact on people's lives, and we should rightly encourage them to play a bigger part in doing so through public funding.

  Q310  Chairman: I think the difficulty comes though when the Government says, as it does repeatedly, that it wants the third sector to play a larger role in public service design and delivery. I think people are entitled to say: how much larger a role? The Government is putting in a good deal of money to stimulate the sector and yet, as it were, we do not seem to have a pay-off. I just wonder whether you could help us to be more precise about the scale of what we are talking about.

  Ed Miliband: Apart from having a target (and I have tried to explain why I do not think a target would be appropriate) and apart from suggesting some areas where we think the third sector has a particular expertise and contribution to make, I am not quite sure how else we can quantify this. Maybe you would like a percentage, but I think it is quite hard to predict. As I say, I do think it should be appropriate to local circumstances.

  Q311  Mr Prentice: Can you not just give us a sense of what you have in mind? I am not inviting you to give percentage figures, but clearly the involvement of the third sector is too small at the moment and helping to deliver public services has got to be increased. Should it be vastly increased, increased a little bit or what? Just give us a sense.

  Phil Hope: Let me give you an example. Maybe that will help. One of the first things that I did was to visit Wandsworth Prison, where I met the St Giles Trust, a third sector organisation, which started working in one organisation, in one prison, where it was training long-term inmates to act as counsellors and advisers to new inmates coming into the prison. Thereby those inmates were gaining skills in information, advice and guidance, they were giving it out to people who were coming into prison who were scared and whatever, and, when they left that prison, the St Giles Trust was employing some of those ex-offenders as employees providing information and guidance in the prison. I mention that as one particular example because that is now working in 20 prisons, and it is working in 20 prisons because it has taken a model of working which has proved to be really successful in reducing re-offending and is winning contracts to provide that service and would like to go further; but to go further it needs to win contracts, it needs to demonstrate the outcomes it is achieving and the contribution it can make through this specialised mentoring and training system. That is not to say that we would expect, or somehow fix the system, that a certain proportion of spend would be by that particular organisation; they would work through the commissioning process to win contracts to deliver the outcomes that they are so good at delivering.

  Q312  Mr Prentice: I understand that. I do not know how many prisons we have got in the country. It is 143. This initiative features in 20 of them, but I still do not have a sense of whether this is something that is going to occur in the margins or whether it is going to be absolutely central?

  Ed Miliband: What I would say is that I think there is significant potential—we have identified it in specific areas—but I do think it has to be shaped by experience on the ground. If I came before you today and said I think half the prisons or a quarter of the prisons should have third sector providers in them, I cannot make that judgment sitting here, and I think you would rightly criticise me if I did, because it has got to be a judgment shaped by commissioners who genuinely say: "Who can better provide these services?" I think it is really important—because there are lots of people who are working in the public sector who are doing an excellent job—that we do not come to this with preconceptions which say, "This will only work if we say wholesale, we are taking it away from you and we are giving it to you." I think we should be open to using the skills of the third sector, but I do not think we should come to this with prejudgments about who is better and who is worse at a general level, and that is why I cannot give you the sort of answer you are looking for.

  Q313  Mr Prentice: To what extent is it open to you to actually grow the third sector? We have got a briefing in front of us here from the Office of Government Commerce on the impact of EU procurement rules, and it says here, "Can the invitation to tender only be issued to third sector organisations?"[1] Answer, "No." "Can commissioners specify that they only want to use a third sector organisation?" Answer, "No." "Can commissioners choose only to approach one particular provider under most circumstances?" "No." I just wonder what instruments you have to grow the third sector where there are these constraints?

  Phil Hope: There are two halves to that question, two halves to the answer. One is supporting third sector organisations to gain the capacity to bid for contracts, so we have both Capacitybuilders as a funding stream and Futurebuilders as a stream of loans and grants specifically targeted at helping third sector organisations develop the capacity to bid for and succeed in a level playing field of commissioning. On the other side, we are instituting a national programme of training for commissioners in various parts of the public sector—local government, the Health Service and others—where we will be training those commissioners to understand the added value and the contribution that third sector organisations can make and to enable those third sector organisations to take part in, and to enter bids for, public sector contracts. So, both on the commissioning side those people making those decisions, training them to recognise the added value that the third sector can contribute when and if it can, and on the supply side building the capacity of the third sector at regional, national and local levels to make those bids and tender for those contracts.

  Ed Miliband: You raise a really interesting point. I think that when you are commissioning services (and I know this concept of competitive neutrality has been discussed by your Committee in previous evidence sessions), there does need to be a level playing field, but I think what is interesting and what the third sector and some third sector representatives would say is: "Look, our contribution to public services is not adequately taken into account by a narrow value for money efficiency frame", and that is where the concept of social clauses comes in. Social clauses are about saying, "We make the value for money and efficiency tests but we can also look at wider benefits that there might be to the community." To take an example, if you are an organisation engaged in furniture recycling but you are also employing local people, or employing people with learning disabilities, a narrow contract would not take that into account, but a contract (and this is allowed under EU procurement rules) that took into account the wider social benefits would take that into account. That is why, as part of our action plan, we have been pioneering the use of social clauses. My view is that a level playing field is needed, but, as I say, some third sector organisations would say they do not have one at the moment, partly because of capacity issues but also these wider benefit issues.

  Q314  Mr Prentice: Finally, where does religion figure in all this: because in New Labour we are all religious now. I got a letter, we would all have got a letter, a few days ago from a colleague, Stephen Timms, who is the Labour Party Vice Chair, appointed by Gordon Brown, "Faith". Ten or 20 years ago I just would not have believed it was possible. In New Labour we believe in faith, and I suppose my question is to what extent are you prepared to contract with faith organisations? I am not talking about mainstream Catholic, Church of England, Rastas, Scientologists. Do you want to encourage more faith organisations to deliver public services? I know Jim Murphy spoke about this a few months ago, so it is in your thinking, I know that.

  Ed Miliband: The way I would come at this issue is to say it is not our job to question the reason, the motivation that brings people to getting involved in the third sector, but if a contract or a grant is to be used for proselytising purposes, then in my view that is not right. Actually most mainstream and sensible faith organisations like Faithworks take this view. So, different people—you, Gordon, me, Phil and others—come to the work we do for social justice for different reasons, but those reasons should not impinge on the way a service is delivered. If an organisation said, "You are only going to get our homeless services as a way of us promoting our religion", I do not personally think that would be the right way to go.

  Q315  Mr Prentice: Presumably there are guidelines then. The Salvation Army, or some other organisation, would be told that, when you are delivering soup to homeless people, then there is no proselytising; you just hand over the soup and go?

  Ed Miliband: The truth is it is hard to be prescriptive about these things, but, as I say, most people in the faith community accept that this is a fair way of operating.

  Q316  Mr Walker: Should the third sector be favoured over business when it comes to delivering public services?

  Ed Miliband: No, in the sense that, if you are commissioning services, I think it is fair to have competitive neutrality, a level playing field, but, as I say, I think these social clauses can play a role, and the capacity building that Phil talked about can play a role, in adequately capturing (which I think is a problem in relation to a lot of commissioning) the contribution the third sector can make.

  Phil Hope: I think the third sector, during the consultation, which is reflected in why we have the programmes we now have, said quite the reverse. In effect, they feel at a competitive disadvantage to the private sector, who can draw on sources of finance and loans and so on that they find it difficult to draw upon, and so they feel they have not got a level playing field, which is one of the reasons why we introduced measures like Futurebuilders and other funding mechanisms, to ensure that the third sector can have a building capacity to be able to compete on that level playing field.

  Q317  Mr Walker: How will you reconcile the two? I am as guilty as the next person in thinking that there is an inherent goodness about the third sector—nice people who are there because they want to be there. The third sector is not restrained by profit and all those sorts of ugly things which are very important, but how, in empowering the third sector to deliver major projects, can we ensure we retain the essence of the third sector and not turn them into quasi hard-nosed businesses always focusing on the bottom line, filling in the forms, making sure they are ticking the boxes, getting the outcomes, meeting the targets? How can we ensure that they remain people focused, that they are not looking upwards towards you in Whitehall who are providing the money? I think Turning Point gets 95 % of its money from government, or local government, but they are still looking towards the end user.

  Phil Hope: Turning Point is a very good example. You had Victor here before you giving evidence and I went to visit two of their projects, one, Hartley House, dealing with people who abuse drugs and alcohol and their sensitivity, their passion, their belief in what they are doing, matched with, I have to say, a very effective, highly competitive funding model that wins them contracts and achieves real outcomes. I think outcomes are the critical touchstone that we have to focus on here. If that organisation is delivering outcomes and is doing so using and marshalling the passion of its supporters, staff and volunteers to help people to achieve changes in their lives, that is what really matters. I also believe that in social enterprises (which are not so much charities, they are profit-making but the profit gets reinvested back into the community, back into environmental projects they are working with, or back into their own organisation), I see there (and this is what I saw on Social Enterprise Day) the enthusiasm of people who do want to have that kind of business ethic, if that is the right way to put it, but want to do so for the public and community good. There were some excellent examples of them delivering. I am thinking here of a project I visited in Leeds called Helping Hands, where some people are delivering support to older people with disabilities in their own homes that would not be there otherwise and are doing so through a very robust funding model where the resources go back into the organisation. I think social enterprises are, in particular, a business model for the twenty-first century that are paving the way quite excitingly and I think many private sector organisations are beginning to look at them and see the benefits that that brings.

  Q318  Mr Walker: Do you think these social enterprises could become a vehicle, in a very positive sense, for businesses to project their corporate/social responsibility? I know in my constituency of Broxbourne, instead of Barclays Bank going on a jolly down the Thames, they get together with a local organisation and do some good on an estate—they plant trees, they clean the area up—and actually they find that their employees get far more out of that, there is a far more tangible result at the end, than just having some corporate jolly or some boring conference. Do you see these social enterprises having the wherewithal, with your guidance and tutorage, to actually get in touch with business to bring more resource into that space?

  Phil Hope: I think it is quite interesting. I am a Labour Co-op MP, I have to say, and I do not know if any members of the Committee are, but when the Co-op Bank 15 years ago declared its ethical banking policy most people thought that was a crazy idea. Now the Co-op Bank is absolutely in the forefront and it is seen as being the way to do business to demonstrate ethical consumerism in terms of where people bank, that is why people choose to bank with the Co-op. I think more people nowadays are making choices to bank, or to buy services or goods or products, based on the knowledge of that organisation having some sense of corporate, social responsibility. I do want to distinguish, though, between those that are profit-making businesses with an importance that they attach to corporate, social responsibility, including employee volunteering, which I think has got huge benefits both for the community and, I have to say, back into the company as well, and social enterprises which many want to see the benefits of but specifically, although they are profit-making, the profit does go back into the social good, or the community, or the environment or back into the organisation itself. They are qualitatively different, but I think the sort of the mood, the guise—would that be the right thing to say, Chairman—of social enterprise, of wanting to do something positive to the community, to the environment, I think, is now growing and I think this is a very exciting moment and a wave we should try to capture.

  Mr Walker: The organisation I was citing as a demonstration of social action is Groundworks. Of course Groundworks needs funding to do all their wonderful projects, and actually it was very clever of them to go to large corporations and say, "Listen, we will give your staff a really good day out, or really good week-end out. They are going to do a lot of good work and you are also going to pay us to allow them to do that good work", so in a sense it is a win-win. Groundworks get additional funds to fund its other work in communities other than mine, so I am very proud of it.

  Q319  Jenny Willott: There is a real push in the Government to get the third sector delivering more public services, at least we have been told that is the case. I want to unpick one particular example that was quite recent and look at the elements in that. I am a glutton for punishment, so as well as this select committee I am on the Work and Pensions Select Committee, and on that committee we have done quite a lot of work around Welfare to Work and getting people back into work, particularly those on incapacity benefit. There has been a lot of evidence that for quite a large number of people on incapacity benefit, particularly those with mental health problems, the voluntary sector does significantly better than the private sector at getting them back into work and offering them the support they need to stay in work. Very recently the Department for Work and Pensions put out to tender the Pathways to Work schemes across the UK, including the area that I represent in South Wales. Why did only two out of the 16 contracts get awarded to the third sector?

  Phil Hope: Yes, in this commissioning process by the DWP, there were, as you say, two that were specifically third sector organisations, and they were the Shaw Trust. I think it was two out of 15 rather than out of 16. I think it was 17 in total that were contracted in that phase one. Interestingly, subcontracts for those other 15 amounted to some 44 % of the providers that will be delivering those contracts. So, although we were concerned, I think you are right, that only two, as it were, third sector organisations won the whole contract, in fact some 44 %, some 164, third sector organisations were involved in delivering as subcontractors to the main contractor who won the other 15. ACEVO[2] raised the concern about this, and Mavis McDonald, a former Home Secretary in the Civil Service, was asked by ACEVO, and we have been supporting her on the DWP, to look at that process to see what actually happened that resulted in that outcome that I have just described to see whether there might be lessons learned, about how that process went forward, whether or not the third sector were in any way disadvantaged through the design of the market through the weighting given to various elements of the bidding, and so on. That report is coming out, I think, in a few days and will be very helpful to us, not just in DWP but in other parts of government, when we are looking at the lessons to be learnt from effective commissioning at that level. Phase two will be published in December, and I am feeling optimistic that they may have some better news for the third sector.

  Ed Miliband: I think Phil is right about this, but I think also we should say that there is a tension, if you like, which we need to acknowledge here between the demands of efficiency, which I am sure that this Committee, along with other select committees, is keen to impress upon the Government, and, therefore, the need for a smaller number of contracts with the need for lots of the sort of small organisations that Charles and perhaps you, Jenny, also have experience of to get involved. The Mavis McDonald process is important to understand why phase one went as it did, but I think there is a wider issue here about the balance you have to strike between efficiency, the number of contracts, and so on, and third sector organisations between size and capability. The question is how many third sector organisations have the scale to deliver in that way. For me the second part to this, and Phil mentioned it, is the subcontracting part which becomes incredibly important because if you have a number of large organisations, some third sector, some private sector, delivering these contracts, the question then is: what happens at the subcontracting level? How much is the third sector involved? Again, it is part of the learning process, and this partly explains why it is hard to put a target on these things. We are learning all the time as we embark upon this commissioning process, and this is an area where, I think DWP would acknowledge, we need to learn lessons as we go forward.


1   Ev 262 ff Back

2   Association of Chief Executives of Voluntary Organisations Back


 
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