3 April 2023

The Procurement Bill, which has been making its way through the legislative process, has received an update. The bill's goal is to simplify and modernise procurement rules and procedures for government agencies that buy goods, services, and public works from the private sector. It began in the House of Lords in May 2022 with 124 clauses spread across 13 parts and 11 schedules and has now finished its journey through the House of Lords and arrived in the House of Commons for the Report Stage.

The government sees this as an opportunity to tailor the procurement process to the needs of the country, thereby increasing opportunities for innovation and supporting new businesses. The Bill will repeal existing EU procurement regulations and establish new rules and procedures for selecting suppliers and awarding contracts. The Bill contains 124 clauses and 11 schedules, as well as the authority to make regulations.

The second reading is a stage in the legislative process in which members of the House of Lords debate the main principles and purpose of the Bill and can propose amendments. Members add their names to a speakers list prior to the debate. Any member may speak during the debate to express their interest in the Bill and potential involvement in suggesting changes later. Second Reading debates usually last a few hours, if not a few days.

The Bill focuses on improvements in four areas:

  1. Make procurement and the process more cost-effective.

  2. Procurement process and legislation reform to increase speed and simplicity.

  3. Increase transparency and accountability to benefit the public.

  4. Benefits for SMEs through innovation, including a new digital infrastructure.

Members from all parties expressed support for expanding procurement opportunities for small and local businesses. Lords Mendelsohn (Labour) and Aberdare (Crossbench) urged support for SMEs by bringing prompt payment rules in line with the Procurement Bill and other legislation.

Private enforcement, with litigation costs as a barrier for SMEs seeking legal protection, should not be the only means of enforcement, according to the Labour Party and the Liberal Democrats. Lord Thomas (Crossbench) emphasised the importance of understanding the relationship between subsidy control rules, their application to local economies, and procurement.


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