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EU procurement rules are a ‘scapegoat’ for poor practice

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22 January 2013 | Paul Snell

EU procurement rules have been used as a “scapegoat for very poor practice” and should not inhibit good performance, a committee of MPs has been told.

Speaking in front of the House of Commons Public Administration Committee this morning, Colin Cram, managing director of consultancy Marc1 and author of a 2012 review into public procurement, said that while there were reforms that could be implemented, the regulations had had a positive impact.

“Overall, this country has benefitted a great deal from the EU procurement directives,” he said, recalling the “truly appalling” state of public procurement 30 years ago with unfair competition and the “same old suppliers”. He said the regulations had bought discipline to the process and encouraged the recruitment of professional buyers.

He added the UK often doesn’t make use of the more innovative approaches included within the rules, for which the directives cannot be blamed. “There can be improvements, but we have to be very careful we don’t throw the baby out with the bathwater,” he said.

Jon Hughes, executive chairman of Future Purchasing and co-author of a separate report into public procurement, said of the four choices with regard to EU rules – burn them, evade them, speed them up and change them – only the final two were realistic.

“My evaluation is a lot of people hide behind the EU rules and regulations. There is no reason at all why we cannot simplify a lot, why we cannot speed up a lot and take a lot of bureaucracy out. I think it has a terrible effect on the mindset of people working in procurement. They develop a mindset of compliance,” he said.

Cram agreed with the committee’s chairman, Conservative MP Bernard Jenkin, when questioned whether the problem was more a result of “quality of execution” than the process itself.

The hearing encompassed a wide range of public sector procurement topics, including structure, leadership, skills and outsourcing, and is the first step in the committee’s broad inquiry into public procurement.

Hughes was critical of the government’s CPO role, arguing for a greater scope of responsibility. “At the moment, we have one person called the CPO for government. I don’t believe that person is the CPO for government; he is the CPO for Whitehall,” he said.

Hughes, who believes there should be a CPO for each of four major areas – Whitehall, local authorities, health and defence – told MPs: “You have someone with the title of chief procurement officer – they definitely wouldn’t meet the job specification I would create for a CPO. That’s a criticism of the way in which the role is currently defined. I think it is far too narrow,” adding there is not currently sufficient focus on capacity and adoption of best practice techniques.

The full committee hearing can be viewed on the Parliament website here 

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*Comments are added to the bottom of the page. They are moderated and will not be published until approved by the Supply Management team. They may be edited. Please note unless marked “confidential” your feedback may be published on our letters page
I agree that there are some who hide behind the rules and regulations, but there is an argument that some simply don't understand the regulations and what you are able to achieve within them. This comes back down to training. EU regulations are there for a reason and I too believe that they have transformed Public procurement over the years. However what I have found it is only over the last 3-4 years in particular, with the restructuring of organisations and the consolidation of spend that EU tendering is becoming more relevant within some public sector bodies particularly Healthcare. With any procurement exercise undertaken you learn from previous successes and pitfalls and no 2 procurements are ever the same. The focus should be on engaging with the market place prior to the exercise being undertaken which are still within the rules. With the potential of having a knock-on effect of transforming the Procurement mindset from being more focused on compliance and become more innovative and commercially aware. However it is not just Procurement involved within these exercises, internal stakeholders also need to take responsibility and this is sometimes one of the most challenging areas for Procurement professionals to influence and manage.

Annmarie Pritchard (26/01/2013 12:14:13)

As someone who has recently moved from a public sector environment to one where European Regs do not apply I'm reminded of the old adage I've been rich (rules don't apply) and I've been poor (rules do apply) and believe me rich is better than poor. There is little doubt the EU Regs have driven transparency but there is also little doubt that they weigh down the process, not helped by suppliers carping about and challenging every decision unless they are the winner. The fact is any procurement person worth their salt will on the whole expose a requirement to competition (it is often non procurement people who don't want to expose requirements to tender because they "have found someone")but that competition needn't mean a formal tender each time with pre-prescribed time limits, the rules are far too rigid, although the backing of the law does help curtail those who would choose to use favoured suppliers, I have little doubt that a poll of procurement people bound by the rules would fnd most of them agree that the rules should be relaxed if not abolished. For one thing the public sector would probably need less people to do it. In summary the rules help drive transparency but whether they help drive value for money I'm not so sure and certainly I prefer life without them.

Tom McAra (04/02/2013 08:36:57)

I agree. I spent 20 years in various buying and management roles in manufacturing. After being made redundant, I was offered a role within the public sector. Seeing this as a new challenge I took up the role.
However, I was very quickly disillusioned at the attitude of the procurement professionals within the organisation.
As your article states, the complacency and lack of commercial awareness within the sector was very very scary.
The man comment was always " we're tied by EU Regulations". As such , they bias no appetite to be creative or to try and improve costs or service.
The process of tendering has become merely an administrative task.
It's a shame because there are many good people in all parts of the public sector, but they are in the minority.

Karen Watkin (19/03/2013 20:20:09)