§ Mr. John Marshall
To ask the Secretary of State for the Environment if he will make a further statement on progress with contracting out local authority services by competitive tendering.
§ Mr. Ridley
[pursuant to his reply, 4 November 1987, c. 735]: It has come to the Government's attention that a number of authorities are considering setting up companies, under their control, whose main function would be to carry out work which, if the Local Government Bill were enacted in its present form, would fall within a defined activity for the purposes of part I of the Bill. It seems probable that the main, or perhaps the only, purpose of setting up such companies would be to circumvent the Bill's competition provisions.
As the law presently stands, authorities to which section 135 of the Local Government Act 1972 or section 81 of the Local Government (Scotland) Act 1973 applies must make standing orders to secure competition for contracts for the supply of goods or materials or for the execution of works, but are not required to do so in relation to contracts for the provision of services. It would therefore be possible, even after enactment of the Bill, for an authority to award to its own company, and without competition, a contract for work which, if carried out by the authority's own employees, would be subject to the competition provisions of part I of the Bill.
Although we are still considering, in the context of the Widdicombe report, the wider aspects of local authority involvement in companies, we have decided that this particular issue calls for immediate action.
We therefore propose to make it unlawful for an authority to enter into a contract with one of its own companies for the carrying out by the company of work which falls within any of the activities which are defined activities for the purposes of clause 2 of the Local Government Bill, unless the authority has taken steps for the purpose of securing competition for that work. This requirement is to have effect from midnight tonight.
An appropriate amendment to the Local Government Bill is being tabled today—its text is as follows.
The authorities to whom the new provision will apply are local authorities in England, Wales and Scotland (as defined in clause 1(2) and (3) of the Bill), police, fire and civil defence, waste disposal and passenger transport authorities and the Inner London education authority. For the purposes of the new provision, a company will be treated as an authority's own company if, as a result of a 290W decision of the authority, either the authority itself, or any member or officer of the authority, or any nominee of the authority is a member of the company or its subsidiary or holding company.
After Clause 32Insert the following new Clause—("Local authority companies.
- —(1) A local authority or relevant public body shall not enter into a contract under which a company which is associated with the authority or body is to carry out work falling within a defined activity, unless, before entering into that contract, the authority or body has taken reasonable steps for the purpose of securing competition for the carrying out of that work.
- (2) For the purposes of this section a company is associated with a local authority or relevant public body if, by virtue of any decision of the authority or body (including that of any committee or sub-committee thereof in the course of discharging any function conferred upon them by virtue of section 101 of the Local Government Act 1972, or, in relation to Scotland, section 56 of the Local Government (Scotland) Act 1973)—
is a member either of the company or of another company which, in accordance with section 736 of the Companies Act 1985, is the company's subsidiary or holding company.
- (a) the authority or body, or
- (b) any member or officer of the authority or body, or
- (c) any nominee of the authority or body,
- (3) In this section—
- (a) "defined activity" has the meaning assigned by section 2 above;
- (b) "local authority" has the meaning assigned by subsection (2) or, as the case maybe, subsection (3) of section 1 above; and
- (c) "relevant public body" means any authority or committee falling within paragraphs (e) to (j) of subsection (1) of section 1 above
- (4) This section (and, so far as is relevant for the purposes of the definitions in subsection (3) above, sections 1 and 2 above) shall be deemed to have come into force on 11th February 1988 and, accordingly, has effect in relation to contracts entered into on or after that day.")