Legal bid to have contract details revealed

There was a “dismal” failure by the UK Government to publish details of coronavirus-related contracts collectively worth billions of pounds, a court heard yesterday.

The Good Law Project is bringing a legal challenge against the Department of Health and Social Care (DHSC), arguing it repeatedly failed in its duty to disclose details and award notices for contracts entered into during the pandemic.

It says the “wholesale” failure is unlawful and in breach of the government’s own transparency rules. The DHSC is opposing the challenge.

At a remote hearing of the High Court in London, lawyers for the Good Law Project argued transparency in awarding contracts is “hugely significant” in allowing scrutiny of “stewardship of public funds”.

Jason Coppel QC, barrister for the notfor-profit organisation, argued transparency obligations are “all the more important in the unusual circumstances of the pandemic” because the DHSC responded to the pandemic by awarding “many hundreds of contracts worth many billions of pounds” without advertisement.

He went on to say evidence shows that between April and September last year, “the defendant’s compliance with its transparency obligations was dismal”.

Philip Moser QC, barrister for the DHSC, told the court there had been an “urgent need for emergency procurement of PPE, ventilators, oxygen and medicines, all on a scale never seen before”.

He said it is “not denied” in a “drive to protect the NHS and save lives, procurement paperwork fell behind”.

Mr Justice Chamberlain reserved a ruling to a later date.