The
Committee consisted of the following
Members:
Binley,
Mr. Brian
(Northampton, South)
(Con)
Blizzard,
Mr. Bob
(Lord Commissioner of Her Majesty's
Treasury)
Brown,
Mr. Russell
(Dumfries and Galloway)
(Lab)
Browne,
Mr. Jeremy
(Taunton)
(LD)
Duddridge,
James
(Rochford and Southend, East)
(Con)
Eagle,
Angela
(Exchequer Secretary to the
Treasury)Evans,
Mr. Nigel
(Ribble Valley)
(Con)
Greening,
Justine
(Putney)
(Con)
Hepburn,
Mr. Stephen
(Jarrow)
(Lab)
Keeble,
Ms Sally
(Northampton, North)
(Lab)
Moran,
Margaret
(Luton, South)
(Lab)
Morley,
Mr. Elliot
(Scunthorpe)
(Lab)
Pound,
Stephen
(Ealing, North)
(Lab)
Pugh,
Dr. John
(Southport)
(LD)
Stoate,
Dr. Howard
(Dartford)
(Lab)
Taylor,
Mr. Ian
(Esher and Walton)
(Con)
Gosia McBride, Committee
Clerk
attended the
Committee
Ninth
Delegated Legislation
Committee
Wednesday 17
December
2008
[Joan
Walley in the
Chair]
Draft
OGCbuying.solutions Trading Fund (Extension and Amendment) Order
2008
The
Chairman: Before I call the Minister, I think it would be
appropriate to wish all members of the Committee a happy
Christmas.
2.30
pm
The
Exchequer Secretary to the Treasury (Angela Eagle): I beg
to
move,
That
the Committee has considered the draft OGCbuying.solutions Trading Fund
(Extension and Amendment) Order
2008.
May
I be the first to return the good wishes that you have just expressed
to the Committee, Ms Walley, in wishing everyone a nice and relaxing
Christmas holiday? I hope that that applies equally in Stoke for you,
too.
The order
makes a small number of technical changes to update and clarify the
statutory environment in which OGCbuying.solutions operates. It may be
helpful to remind ourselves briefly about OGCbuying.solutions, the
purpose of the organisation and the legislative arrangements that
govern its operations. On 1 April 1991, a trading fund known as the
Buying Agency was established under the Government Trading
Funds Act 1973. Following the Gershon review of
central Government procurement, a new organisation, the Office
of Government Commerce, or OGC, was set up as an independent office of
the Treasury. The Buying Agency was transferred to it as an Executive
agency and renamed OGCbuying.solutions. OGCbuying.solutions works with
its parent organisation, the OGC, to secure value for money and
efficiency in procurement, which I hope every member of the Committee
supports.
Mr.
Ian Taylor (Esher and Walton) (Con): Is this part of a big
strategy that the Minister is pursuing? The Government procure about
£150 billion of items per year, and I have long argued for
smarter public procurement. How does this fit into a strategy that
might be developed in that
context?
Angela
Eagle: The hon. Gentleman is right to have me down on his
list as a strategic sort of person, and I can reassure him that this is
part of an ongoing strategy to have even smarter, more effective
procurement. He slightly underestimates the amount that the Government
spend every year on procuring goods and services. It is £175
billion, £70 billion of which is procurement by central
Government, and the rest by local government and other agencies. It is
vital, therefore, that we get the best possible value for money.
Although technical in nature, these changes will strengthen our
approach to ensuring that we get the best value for money out of every
single penny spent by national Government or
local government. OGCbuying.solutions is a way to ensure operationally
that we give as much support as possible to that end.
Buying
Solutions achieved more than £1.6 billion of savings for its
clients in the wider public sector in the last spending period, and had
a total influenced spend of £4.4 billion. The significance of
its trading fund status is that Buying Solutions is dependent on the
funds it earns and, consequently, receives no central budget for its
operations. It covers its expenditure completely through sales to its
clients and
customers.
The
order that established the Buying Agencythe precursor to Buying
Solutionsset out what operations could be funded by the trading
fund. Broadly speaking, it was the procurement and supply of goods and
services for certain explicitly described types of public body. That
order has been in force since 1991. In the subsequent 17 years, the
shape and structure of the public sector have evolved
significantly.
The
public bodies described in the original order have undergone structural
changes and in some cases have devolved their functions to other
organisations. Some have evolved out of existence. The result is that
the wording in the original order is an increasingly inaccurate
reflection of the public sector customer base to which Buying Solutions
offers its
services.
The
purpose of the order we are discussing today is to bring that wording
up to date and to provide the accuracy and clarity necessary to ensure
that Buying Solutions can continue to serve a wide range of public
sector customers while operating within the law. The evolution of the
public sector over the last two decades has seen charitable, voluntary
and not-for-profit organisations play an increasingly important role in
the attainment of Government objectives. The third sector contains a
range of valuable specialist capabilities, knowledge and experience,
which makes it a vital partner for the delivery of public
services.
However,
the 1991 order makes no mention at all of the third sector, which means
that those third-sector organisations that help to deliver public
services are ineligible to enjoy the benefits of being a Buying
Solutions customer. The order seeks to rectify that omission and help
the Governments third sector partners to secure better value
from the goods and services they
use.
Buying
Solutions is helping to deliver the vision that the Government set out
in Transforming Government Procurement, published early
in 2007the document that I suspect the hon. Gentleman was
hinting at. The organisations expertise and innovative approach
have already helped to save billions of pounds of public money.
Approximately one third of all public spendingthe £175
billion that I referred to earlieris spent on procuring goods
and services. It is important that we ensure that we wring every last
drop of efficiency out of public sector procurement, which is what the
order seeks to assist us to do going
forward.
2.36
pm
Justine
Greening (Putney) (Con): I, too, shall take this
opportunity to wish everyone on the Committee and you, Ms Walley, a
happy Christmas. It has been a long year and many people will welcome
the prospect of a break.
As the
Minister said, the statutory instrument makes relatively
straightforward changes to enable OGCbuying.solutions to work within
Government, as it stands and as it is developed. I have a few comments
to make regarding not only the statutory instrument, but, more broadly,
the work of OGCbuying.solutions. The organisation is part of the
delivery unit that is helping to achieve the Gershon savings. The
Minister talked about the OGCbuying.solutions team delivering
£1.6 billion in savings over the past spending review period.
What is the cost base of
OGCbuying.solutions?
The
Minister also said that any savings are used to fund
OGCbuying.solutions, but what is the rate of return on the £1.6
billion of savings? How is the figure of £1.6 billion
calculated? Is it in relation to previous contracts or an assessment of
what would have been spent without OGCbuying.solutions being
involved?
The original
framework clearly set out the OGCbuying.solutions team objectives on
value for money. It will be helpful if the Minister gives us a
breakdown of that £1.6 billion across recent years. What
projections do she and her Department have for OGCbuying.solutions
savings and what target is it expected to deliver over the coming two
to three years? Regarding the statement in the pre-Budget
report and the announcement of another £5 billion of
additional value-for-money savings, will those be added to the
original targets of OGCbuying.solutions? Does she expect the team to
deliver part of that extra £5 billion? If so, how much and over
what time
frame?
I
have a few questions on the statutory instrument, which are intended to
achieve clarification. The explanatory memorandum talks about a 12-week
consultation,
which
involved
80 per cent. of our top
customers.
How
many distinct customers does OGCbuying.solutions have? How was a
top customer defined for the consultation? In other
words, how many customers
is
80
per cent. of our top
customers?
Only
five responses were received, which does not seem like very many. Will
the Minister give us more detail about the amendment made to the order
in response to the comments received? What amendment came out of those
comments?
I
also have a slight concern about charities. The fact that the measure
is being extended to the third sector is important, and we all
recognise the third sectors valuable role in enabling us to
provide good-quality public services. It may have a much bigger role to
play in future, so it would be important if the Minister talked more
about the concerns that were raised in respect of charities in
particular, because that is a key part of how the statutory instrument
is
changing.
The
explanatory memorandum states:
The
impact on business, charities or voluntary bodies is
minimal.
It
continues:
The
impact on the public sector is
minimal.
Again,
I accept that the Minister says that that means that there will not be
a massive impact, but will she outline what she thinks the impact will
be? Obviously, there is going to be some impact, even if it is
apparently minimal. What will it be, and what was the assessment of its
different aspects?
Moving away
from the consultation to other changes that the statutory instrument
brings in, I should say that the other key factor is its introduction
of the words products, fuel,
energy and services in addition to the
original outline of OGCbuying.solutions, whereby it would become
involved in procuring goods, materials, plant and equipment. Will the
Minister talk about, for example, how she sees products as differing
from goods and materials? Why has it been necessary to add this extra
category? What new categories will that enable OGCbuying.solutions to
become involved with, compared with those that it cannot become
involved with based on the current definition in the statutory
instrument?
On the
introduction of the additional words, will the Minister confirm whether
services include the procurement of consultancy services, cleaning
services and a host of manpower-driven services, or is there a much
broader definition, as I think there probably is? It would be useful if
she gave the Committee more information about the extra work and extra
Government spend that OGCbuying.solutions can look to in order to
achieve additional value-for-money savings. It would be helpful if she
also set out what extra savings she thinks will be achieved through the
broader remit in the statutory instrument. If nothing else, it would
enable us to tie down what we think the impact will be over time. I am
sure that that is something that Her Majestys Treasury has
looked into during these times of extremely constrained tax revenues
and public
spending.
Will
the Minister also talk more about how she sees the remit of
OGCbuying.solutions developing? We have seen changes to the
Governments structure and to the delivery of public services,
and they have led to todays changes, but will she talk more
about current Treasury thinking on the future changes that
OGCbuying.solutions may face? She talked about overall public spending
of £175 billion, which is a truly phenomenal figure. As we go
into the
next
The
Chairman: Order. I do hope that this is relevant to the
order. It seems to me that we are going a little wide of
it.
Justine
Greening: I take your point, Ms Walley, but I think that
this issue is important, because much of the debate in Parliament in
the coming months and years will be about value-for-money savings and
public spending. I was about to ask, as we embark on a load of
infrastructure projects that the Government say are a key part of their
public spending and fiscal stimulus strategies, what role the
Government see OGCbuying.solutions having in that, and whether, after
all the work has taken place, the Minister sees Government
spending involving OGCbuying.solutions exceeding the current figure of
one third. That is important: if two thirds of Government spending
remains unscrutinised while a third is scrutinised effectively, will
OGCbuying.solutions cast its eye in the coming spending periods over a
bigger percentage of public spending than the third it already looks
after?
2.45
pm
Dr.
John Pugh (Southport) (LD): There is a lot that one could
say about Government procurement and OGCbuying.solutions, but I do not
intend to open up the whole topic. I simply want to point out the fact
that
the recent National Audit Office and Select Committee on Public Accounts
reports on the OGCs role in the Gershon savings showed that
Departments differed remarkably in their dependence on its services. I
suppose that is appropriate, because whenever there are big, central
procurement propositions it is perfectly possible for a Department to
choose rationally whether to use
it.
It
is important to retain that freedom, because there are many variations
on that solution. Within the NHS and local government, there are
parallel organisations to the OGC, and individual hospitals and local
government departments are given the flexibility to decide how they
procure in light of their other priorities. However, they can do that
while having on the table a sound proposition based on exploiting the
benefits to the public sector of being a massive
consumer.
I
do not want to go beyond the scope of the statutory instrument, but
will the Minister venture a few remarks on what the OGCs role
will be in advising charities and public bodies on how to smart
procureif I may put it that waywhile prices are falling
and VAT is reduced? Within the NHS, individual hospitals are encouraged
to advance their works and procurement precisely to take advantage of
current circumstances. In the third sector, however, there may not be
that astuteness or readiness to take advantage of the situation. By
informing people of the offers, could not the OGC go a step further and
tell them what favourable circumstances there might be for purchasing
at the
moment?
The
explanatory memorandum to the order says, under the heading
Impact, that the impact on businesses and charities is
minimal and that
the
impact
on the public sector is
minimal.
The
memorandum also says that the
legislation
does not apply to small
business.
It
says, too, that 80 per cent. of top customers were
consultedstakeholders and suppliers. Of those, only five were
motivated to reply. One must therefore assume that this statutory
instrument is remarkably uncontentious. Perhaps the appropriate thing
to do, Ms Walley, is wish you and the Committee a happy
Christmas.
2.47
pm
Angela
Eagle: Having already wished everyone on the Committee a
happy Christmas, I shall do my best to deal with questions as quickly
as possible so that people can go out and do whatever they still need
to do before Christmas is upon
us.
I
welcome the general support from around the Committee for this updating
and technical order, which will enable all aspects of the evolved
public sectorit has changed so much since 1991to take
advantage of the expertise that OGCbuying.solutions can put on the
table and to achieve efficiency
savings.
The
hon. Member for Putney asked about the savings figures that I referred
to. She asked about the cost base, the rate of return and how the
£1.6 billion of efficiency savings that OGCbuying.solutions
achieved in the last comprehensive spending review period was
calculated. I can tell her that those savings were externally
benchmarked and validated by the NAO against the average public sector
price. Assumptions of that kind are made when
arriving at such savings, and they are accepted by all concerned. That
was a good start to the Gershon efficiency savings, but it can be
exceeded.
It is
important to update the order so that it applies across the public
sector. For third-sector suppliers in particular, it increases the
potential for greater savings to be made because it opens up the
expertise that OGCbuying.solutions can offer. It provides operational
expertise to organisations that are now effectively delivering public
services, but which under the old order were not eligible to take
advantage of the savings that OGCbuying.solutions has to
offer.
The
hon. Lady also asked what is the cost per pound saving of running
OGCbuying.solutions. Let me re-emphasise that OGCbuying.solutions has
to make money to keep itself going. It does not get a penny of public
money to exist. It takes a fee to run itself, and the savings that it
makes. In 2007-08, its costs were 3.5p per pound saving. That means
that the costs of OGCbuying.solutions were £23 million in that
year, but it made huge efficiency savings and so is providing us with
an extremely good
deal.
The
hon. Lady also asked whether OGCbuying.solutions will be delivering on
some of the pre-Budget reports £5 billion of
extra efficiency savings. Its target for savings in the comprehensive
spending review from 2007 onwards is £2.6 billion, with
£1 billion being delivered in the last year of the comprehensive
spending review 2007. That is what it is working towards. Those are
stretching and challenging targets, which is why it is important that
we update the order so that it can search around all those providing
and supplying services to try to achieve
them.
The
hon. Lady also asked how many customers were involved in the
consultation. There were 30 customers and 30 suppliers, of which five
wrote back. I suspect that the response rate was so low because this is
a fairly uncontentious order. It is simply a way to modernise the
legislative structure within which OGCbuying.solutions operates.
However, the consultation was sent out to the top customers and
suppliers, and was flagged up on the
website.
The
hon. Lady also asked what changes were made following the consultation.
The word charity was taken out of the original draft
order and replaced by third sector organisation. One
respondent rightly said that that would better reflect what is going on
out there in the third sector. That made for a more accurate
definition, and so a better order, which reinforces the effectiveness
of consultation, even if only a small number of organisations took
part. Perhaps we had a quality rather than a quantity
response.
The
hon. Member for Southport, who is a distinguished member of the Public
Accounts Committee, rightly shared in the Committees general
support for the order. He asked what is the role of the OGC in advising
public bodies on buying at a time of falling prices. There are two
issues here: the OGC does policy issues and reports to me as Minister
responsibleit would be more likely to have comments
and information on what to do in the current
economic climate of falling prices and
OGCbuying.solutions is more operational. It creates
framework agreements, and it runs collaborative procurements
cross-departmentallyfor example, e-auctions and various other
platforms, which
those who are considering buying and procuring goods and services can
plug into and
use.
There
is a distinction between the two. In such an environment, I expect that
OGC would issue the general guidance, whereas OGCbuying.solutions might
have an operational solution already up and running that had been
plugged into by other organisations. It certainly could put a similar
organisation in touch with another so that they could benchmark. It has
information about costs, improvements and potential savings for
organisations that are similar to one another, so that the right amount
of preparation could be done before decisions were made. I would expect
such an
approach.
Justine
Greening: Given the changes in the ownership of some of
our banks following the bank recapitalisation process, those banks will
obviously be operating in a different environment. Does the Minister
envisage OGCbuying.solutions working with banks to challenge itself on
its procurement or does she see a cross-fertilisation of ideas between
the new group of, as it were, public corporations that we now
have?
Angela
Eagle: There is a difference between the banks that have
been recapitalised by an injection of Government funding that are not
public corporations and those that have been nationalised. The question
relates to Northern Rock and to Bradford & Bingley. If they wished
to access any of the services as public corporations, they would be
perfectly entitled to do so. From my experience, I would have thought
that most private sector organisations had sorted out such procurement
services differently. However, those organisations are on the list of
public corporations, so they are perfectly entitled under the order to
have access to the framework agreements and all the expertise that
OGCbuying.solutions can bring to a particular efficiency
matter.
Justine
Greening: That is helpful, but my question was more about
whether the Minister sees OGCbuying.solutions finding out whether it
can learn anything from the procurement departments of some previously
private sector banks that are now
nationalised?
Angela
Eagle: OGCbuying.solutions is an operational arm to make
available solutions to particular issues. Sometimes that involves
payment, travel, e-commerce, property and offices, and utilities. For
example, there could be a chance to make efficiency savings through
collaborative energy procurement throughout different Departments or
different public bodies. Framework agreements are in place that public
bodies, if they wished, could plug into, so OGCbuying.solutions could
undertake an operational
role.
The
OGC itself carries out plenty of cross-fertilisation between the
private and public sectors in best practice,
benchmarking and new efficiencies. There are always such things going
on. They are usually organised by the OGC itself in the form of
conferences and events of that kind, so I can reassure the hon. Lady
that, between the two organisations, a lot of work is going on daily to
ensure that best practice and new ways of doing things are made
available to the public sector, both nationally and
locally.
Dr.
Pugh: May I take the Minister back to the previous point?
I completely understand the distinction that she is drawing between the
strategic role of the OGC and its supply side role. In the commercial
sector, those roles would tend to be blurred. If a private company was
selling something and making a good offer, it would emphasise to a
person the merits of buying now rather than later and so on. At
present, anything that is specifically to do with the construction
industry must be at a rock-bottom price. There could not be a better
time for a hospital or any public body to buy anything apropos of that.
That point is not lost on organisations that are strapped for cash.
Those that are going through the motions and are relatively cash rich
will not realise the appreciable savings that they could deliver at
this stage, as well as the appreciable benefits that they could deliver
to the construction and supplier
industries.
Angela
Eagle: I agree. Most financial directors of public
organisations are well aware of that, and processes in the run-up to
the announcement of the pre-Budget report brought forward £3
billion of capital spending to take advantage of precisely the savings
that the hon. Gentleman hints at. A process was put in place to see
what it was possible to do without causing increased costs. The figure
relating to bringing forward planned investment came from that
process.
The
OGC keeps a close eye on all those matters, and it is always ready and
available to provide expertise should it be asked for. It goes out
actively in its procurement capability reviews to ensure that Whitehall
Departments are on their game. It makes such expertise available, if
desired, to other public bodies such as local authorities. Clearly, the
Local Government Association and the Audit Commission have other ways
of doing that. There is plenty of assistance and advice out there, if
public bodies wish to take it, and I am happy that we have a good story
to
tell.
With
those reassurances, I hope that the Committee, as its last action
before Christmas, will feel happy about passing the motion on the new
operating order for the OGCbuying.solutions trading
fund.
Question
put and agreed
to.
Resolved,
That
the Committee has considered the draft OGCbuying.solutions Trading Fund
(Extension and Amendment) Order
2008.
3.2
pm
Committee
rose.