Category Archives: Government IT

Fujitsu on blacklist? Cabinet Office issues statement

By Tony Collins

The Cabinet Office has denied it is operating a blacklist of poorly-performing suppliers – but says that suppliers deemed high risk may find it “more difficult to secure new work with HMG”.

In its statements to Kable’s Government Computing, the Cabinet Office also made it clear that suppliers deemed high risk can redeem themselves.

“Mechanisms exist to remove suppliers from the High Risk classification when performance improves dramatically.”

This suggests that Fujitsu would no longer be deemed high risk if it settled its dispute with the government over the NPfIT. Fujitsu has been seeking £700m after the failure of its NPfIT contract. A settlement has proved elusive and the case may go to court.

The FT said on Tuesday that Fujitsu has “in essence” been blacklisted. Neither Fujitsu nor the Cabinet Office are denying that Fujitsu has been put in the high-risk classification.

A Cabinet Office spokesman told Government Computing:

“We cannot comment on the status of individual suppliers, but we are absolutely clear that this Government will not tolerate poor supplier performance.

“We want to strengthen our contract management by reporting on suppliers’ performance against criteria and sharing the information across Government. This means that information on a supplier’s performance will be available and taken into consideration at the start of and during the procurement process (pre-contract). Suppliers with poor performance may therefore find it more difficult to secure new work with HMG.

“This policy will include the identification of any high-risk suppliers so that performance issues are properly taken into account before any new contracts are given.

“High-risk classification is based on material performance concerns. Suppliers deemed high risk will be subject to particularly close scrutiny when awarding new work.

“Overall, this is simply good commercial practice and in line with how we are improving the way government does business and emulating the best of the private sector.”

The spokesman said that contract extensions are within scope of the poor-performance policy but will be tackled in a proportional way – depending on the overall cost of the contract, the relative cost of extending it, and how critical the extension is.

The high-risk classification “applies to strategic suppliers who do business across Government, and is not limited to any specific sector”. Frameworks are also included.

“Our performance policy will apply to central government departments, where we have direct control of spending,” said the spokesman. But it is still unclear what direct control the Cabinet Office has of departmental spending.

That said, the Cabinet Office announced in June spending controls on central government that “allow government to act strategically in a way it never could before”. It added that there were “strict controls on ICT expenditure”.

That means that large ICT contracts to be awarded by departments must go to the Cabinet Office for approval; and the Cabinet Office has introduced a single point of contact for major suppliers, which means that the performance of strategic suppliers will be viewed in the round.

In the past suppliers have been able to tell departments that were about to award contracts that rumours of alleged poor performance in other departments were incorrect.

Comment

While not a blacklist the high-risk classification seems a good idea. Francis Maude, the Cabinet Office minister, is sending a message to suppliers that if they take legal action against a department it could stop them getting business across Whitehall.

But he’s also saying in effect: settle and we’ll remove you from the high-risk list.

Is there a danger that the power could swing too much in the government’s favour, allowing departments to poorly manage contracts with impunity? Probably not. Suppliers will have to take the high-risk list into account when signing deals.

They know that, in the insurance industry for example, if they mess up one contract word will soon get around.

Poorly-performing suppliers risk being frozen out of Government business – Government Computing

Fujitsu banned from goovernment contracts?

Universal Credit – a chance to do things differently.

By Tony Collins

Comment

In his comment on the article “Is Univeral Credit really on track – the DWP hides the facts”  Nik Silver asks in essence: why shouldn’t progress reports by IBM and McKinsey on Universal Credit be kept between the parties and not made public?

He says that criticism is usually helpful if the two parties can speak frankly without external interference.

It’s a reasonable point – if you are judging the public sector by the private sector’s standards. A private company would not make public consultancy reports it has commissioned on the progress or otherwise of a particularly costly project. Why should it?

Private v public sector approaches on big projects

But if the project goes wrong the private sector board will be accountable for the loss of money, or opportunity, or both. A private company’s board cares about a failed project because it cares about the bottom line.  If there is cogent criticism in a consultancy report, it will ignore that criticism at its peril.

Those standards don’t always apply in the public sector. There is no bottom line to worry about, no individual responsibility. What matters is reputation. We have seen too many public sector failed projects where the desire to maintain face, politically and internally, distorts the truth on projects.

Several ministers were proclaiming the £11bn NHS IT plan, the NPfIT, to be a success while it was going disastrously wrong. On the Rural Payment Agency’s IT-based Single Payment Scheme Parliament discovered that bad news was covered up. Ministers Lord Bach and Lord Whitty said they were misled by their officials.

When the truth financially came out it was too late to turn around the project cheaply and easily. The Environment, Food and Rural Affairs Committee said that if such a failure had happened at a major plc, the board would have faced dismissal.

Cover up when a project goes wrong also happens in the private sector. But case studies indicate that when a private sector board finds out it has been lied to, it does its utmost to put things right. The bottom line is the motivation.

In the public sector it sometimes happens that nothing is done to put serious problems right because there is no acceptance there are any serious problems. Nobody is allowed to accept internally that things are going wrong. A state of unreality exists. Some know the project is doomed.  Some at the top think it’s on track. The truth in the consultancy reports remains hidden, even internally. [The DWP couldn’t find the IBM and McKinsey reports when we first asked for them.]

Like Nik Silver, we would like Universal Credit to succeed. We are not sure it will, because the truth is not coming out. Unless serious problems are admitted they cannot be tackled.

Public sector

In the public sector a disaster does not usually become apparent until things are so bad the seriousness of the problems cannot be denied. It may be that Universal Credit will be a success if it is delayed or changed substantially in scope. That won’t be possible without reports such as IBM’s and McKinsey’s being published.  In the meantime Iain Duncan Smith, the Work and Pensions Secretary, will  continue to be given papers showing that all is well.  If the IBM and McKinsey reports are published now, and they contain some serious high-level criticisms, perhaps impinging on policy and excessive complexity, the ills may be cured or at least tackled. If these and other progress reports are made public now the corrigible criticisms could create a political climate to address those ills.

At present Universal Credit looks like so many IT-based change programmes of the past.  One side says the project is becoming a disaster and the other side says all is well.  The truth I am sure is that some things look good and some things bad. The bad probably won’t be addressed unless Parliament, together with all those who have a professional interest in the project – and the public – know about it.

The way of the past is to keep everything hushed up until it’s too late. Now there’s a chance to do things differently.

Is Universal Credit really on track? – The DWP hides the facts.

Nik Silver’s website

Fujitsu banned from Whitehall contracts?

By Tony Collins

The FT reports today that Fujitsu has been deemed for the time being too high risk to take on new public sector deals, along with another unnamed IT services contractor.

The newspaper quotes “people close to the situation”.

It’s likely the article is correct in naming Fujitsu as a supplier that is deemed by the Cabinet Office to be high risk. It is unclear, though, whether being categorised as “high risk” by the Cabinet Office amounts to a ban for the time being on future government contracts.

The FT says that Fujitsu has “in essence” been blacklisted.  “The Cabinet Office refused to confirm the identities of either of the companies that have in effect been blacklisted,” says the FT.

It is also unclear whether the Cabinet Office could exclude a supplier from shortlists even if it wanted to. The Cabinet Office awards few large IT contracts of its own; contracts are awarded by departments, and the Cabinet Office has no unambiguous power to exclude particular suppliers from shortlists drawn up by autonomous departments that take their own decisions on which companies to award contracts to.

Mega-contracts to be awarded by central departments must, however, must go to the Cabinet Office’s Major Projects Authority for approval.  The Authority could in theory require that Fujitsu be excluded from a shortlist before it gives approval.  This blacklisting would require Francis Maude, the Cabinet Office minister, and the minister signing the mega-contract to be in agreement.

If a departmental minister refused to exclude  a supplier from a bid or shortlist because of its past performance what could the Cabinet Office do, especially if the minister argued that the supplier’s continued work , in the form of a renewed contract, was not just desirable but essential?

The FT says that the latest initiative to ban companies with troubled histories in government from new contracts is being spearheaded by Bill Crothers, formerly of Accenture.

He was appointed as chief procurement officer two months ago to inject private sector rigour into Whitehall’s contracting system. He is quoted in the FT as saying that his new approach would allow past performance to be taken into account for the first time when a company is bidding for a fresh tender.

Comment

The idea of a blacklist is a good one; indeed it would be the most important innovation in government IT since the general election. For decades MPs and others have said that under-performing suppliers should not be awarded new contracts. Now at last that may be happening.

After Fujitsu sued the Department for Health for about £700m over the NPfIT a settlement has been elusive, despite the intervention of the Cabinet Office. It is likely that Fujitsu UK’s hands will have been controlled by its parent in Japan.

Fujitsu’s performance on the “Libra” contract for IT in magistrates’ courts was strongly criticised by MPs and the National Audit Office which exposed repeated threats by the supplier to withdraw from the contract unless its terms were met.

Fujitsu could circumvent any blacklisting by becoming a subcontractor on a mega-contract, as it is at HMRC on the “ASPIRE” contract and at the DWP where its hardware runs benefit systems. Or a department could ignore the Cabinet Office and award non mega-contracts to Fujitsu.

We hope the Cabinet Office finds a way to make its blacklist – if that is what it is – stick. A  private sector company would not award a new contract to a supplier that had bitten in the past. Why would the public sector?

Is Universal Credit really on track? The DWP hides the facts.

By Tony Collins

The Department for Work and Pensions has told Campaign4Change that consultancy reports it commissioned on Universal Credit would, if disclosed under FOI, cause “inappropriate concern”.

Who’s to say the concern would be inappropriate?

At the weekend a spokesman for the Department for Work and Pensions told the BBC: “Liam Byrne (Shadow Work and Pensions Secretary) is quite simply wrong. Universal Credit is on track and on budget. To suggest anything else is incorrect.”

But the DWP has decided not to disclose reports by consultants IBM and McKinsey that could throw light on whether the department is telling the truth. Though the reports cost taxpayers nearly £400,000, the public has no right to see them.

The DWP told us: “Disclosure [under FOI] would … give the general public an unbalanced understanding of the [Universal Credit] Programme and potentially undermine policy outcomes, cause inappropriate concern (which in turn would need to be managed) and damage progress to the detriment of the Government’s key welfare reform and the wider UK economy.”

Comment

In refusing to publish the costly reports from IBM and McKinsey the Department for Work and Pensions makes the  assumption that the Universal Credit IT programme will be better off without disclosure. But does the  DWP know what is best for the Universal Credit project?  Is the DWP’s own record on project delivery exemplary? Some possible answers:

–  The DWP has a history of big IT project failures, some of which pre-date the “Operational Strategy” project in the 1980s to computerise benefit systems. MPs were told the Operational Strategy, as it was called, would cost about £70om; it cost at least £2.6bn.  Today, decades later, the DWP still has separate benefit systems and relies on “VME” mainframe software that dates back decades.

– NAO reports regularly criticise the DWP’s management of projects, programmes or  suppliers. One of the latest NAO reports on the DWP was about its poor management of a contract with Atos , which does fit-to-work medical assessments.

– The DWP hasn’t broken with tradition on the awarding of megadeals to the same familiar names. Though Universal Credit is said to be based, in part, on agile principles, Accenture and IBM are largely in control of the scheme and the department continues to award big contracts to a small number of large companies. HP, Accenture, IBM and Capgemini are safe in the DWP’s hands.

–  The NAO has qualified the accounts of the DWP for 23 years in a row because of “material” levels of fraud and error.

So is the DWP in an authoritative position to say that the taxpayer and the Universal Credit IT project are better off without disclosure of consultancy reports when the DWP has never done it differently; in other words it has never disclosed its consultancy reports?

Can we trust what DWP says?

Without those reports being put in the public domain can we trust what the DWP says on the success so far of the Universal Credit programme?

Unfortunately departments cannot always be trusted to tell the truth to the media, or Parliament, on the state of major projects.

In 2006 the then health minister Liam Byrne praised the progress of the NHS National Programme for IT, NPfIT. He told the House of Commons that the NPfIT had delivered new systems to thousands of locations in the NHS. “Progress is within budget, ahead of schedule in some areas and, in the context of a 10-year programme, broadly on track in others.”

That was incorrect. But it was what the Department of Health wanted to tell Parliament.

Now it is the DWP that is praising Universal Credit and it is Liam Byrne criticising the programme. This time Byrne may have a point. The problem is we don’t know; the DWP may or may not be telling the truth – even to its Work and Pensions Secretary Iain Duncan Smith.

It would not be the first time ministers were kept in the dark about the real state of big IT projects: ministers were among the last to know when the Rural Payment Agency’s Single Payment Scheme went awry.

And while the NPfIT was going disastrously wrong, progress on the programme was being praised by ministers who included Caroline Flint, Lord Hunt, Lord Warner, John Reid, Andy Burnham, Ivan Lewis and several others. Even a current minister, Simon Burns, gave Parliament a positive story on the NPfIT while the programme was dying.

So while DWP spokespeople and Iain Duncan Smith praise the Universal Credit IT programme can anyone trust what they say? Though Duncan Smith sits on an important DWP steering group on Universal Credit, does he know enough to know whether he is telling the truth when he says the programme is on track and on budget?

At arm’s length to ministers, officialdom owns and controls the facts on the state of all of the government’s biggest projects – and the facts on Universal Credit’s IT programme will continue to stay in locked cupboards unless the Information Commissioner rules otherwise, and even then the DWP will doubtless put up a fight against disclosure.

The IBM and McKinsey reports were so well hidden by the DWP that, for a time, it didn’t know it had them.

The DWP gave the reasons below for rejecting our appeal against the decision not to publish. The DWP’s arguments against publishing the reports on Universal Credit are the same ones that, hundreds of years ago, were used to ban the publication of Parliamentary proceedings: that reporting would affect the candour of what needed to be said. That proved to be nonsense.

By hiding the reports the DWP gives the impression it doesn’t want the truth about Universal Credit to come out – leaving the department and Iain Duncan Smith free to continue saying that the scheme is on track. Indeed Duncan Smith said yesterday that he “has nothing to hide here”. That is evidently not true.

The reports we’d requested were:

– Universal Credit end-to-end technical review” (IBM – cost £49240).
– Universal Credit delivery model assessment phases one and two. ( McKinsey and Partners – cost £350,000).

DWP’s letter to us:

7 September 2012
Dear Mr Collins,

…You asked for a copy of the Universal Credit Delivery Model Assessment Phase 1 and 2, and the Universal Credit End to End Technical Review.

I am writing to advise you that the Department has decided not to disclose the information you requested.

The department has conducted an internal review and the information you requested is being withheld as it falls under the exemptions at section 35(1)(a) and (formulation of Government policy) and Section 36 (2) (b) and (c) (prejudice to the effective conduct of public affairs) of the Freedom of Information Act. These exemptions require the public interest for and against disclosure to be balanced.

These reports from external consultants discuss the merits or drawbacks of the UC delivery model and an assessment of whether the IT architecture is fit for purpose. This must be candid otherwise; the Department and the taxpayer will not secure value for money. Such reports can therefore be negative by nature in their outlook.

The Department considers that premature disclosure of these reports could lead to future consultants’ reports being less frank. In addition, there is a risk that this may lead to an absence of a recorded audit trail of the more candid elements. This is not in the public interest. Similarly, key staff selected to be interviewed by consultants are likely to be inhibited if they think their candour is likely to be recorded and released.

It is vital that the Department’s ability effectively to identify, assess and manage its key risks to delivery is not compromised. The willingness of senior managers to fully engage in a timely manner and support consultants assessment and assurance of key IT projects in an unrestrained, frank and candid way is vital to the effectiveness of the process.

Disclosure would also give the general public an unbalanced understanding of the Programme and potentially undermine policy outcomes, cause inappropriate concern (which in turn would need to be managed) and damage progress to the detriment of the Government’s key welfare reform and the wider UK economy.

While we recognise that the publication of the information requested could provide an independent assessment of the key issues and risks, we have to balance this against the fact that these reports includes details of ongoing policy formulation and sensitive information the publication of which would be likely to prejudice the effective conduct of public affairs.

The Department periodically publishes information about the introduction of Universal Credit, and this can be found on the Departments website here http://www.dwp.gov.uk/policy/welfare-reform/universal-credit/

Yours sincerely
Ethna Harnett

We have appealed the DWP’s refusal so the matter is now before the Information Commissioner’s Office.

Universal  Credit programme on course for disaster – Frank Field

Has the DWP lost £400,000 of reports it commissioned on Universal Credit?

Millions of pounds of secret DWP reports

NAO criticises Atos benefits contract

DWP scraps £141m IT project three months after assurance to MPs

Ex Govt CIO speaks – having left the public sector

By Tony Collins

In November last year we asked “Where is the Government CIO?”

We said that the then Government CIO Joe Harley – amiable, straight-talking and influential – could be the civil service’s ambassador for change.

Like his predecessor John Suffolk he could have used conferences and public events to talk inspirationally about the dystopian costs of government IT and what to do about them.  Why hasn’t he, we asked.

“If the Government CIO has much to say, it is not for the public ear. While there has been talk in recent weeks of how five corporations control GovIT, and how it can cost up to £50,000 to change a line of code, Harley has been silent.

“Where does the Government CIO stand on the need for major reform of the machinery of government, on the sensible risks that could save billions? Is the top man in Government IT inspiring his colleagues and officials in other departments to do things differently?”

Now it’s good to hear Joe Harley has speaking publicly about government IT, and what needs to be done. He has left the public sector though.

He suggested to Computing that there needs to be less strategising and more action.

“The whole emphasis now needs to be on implementation and delivery. There has been enough strategising and there really needs to be execution… [The government must] deliver on the implementation plan that we created and grow the talent with capability for the future.

“When it starts to deliver, we’ll start to see government ICT getting a [better] reputation,” he said.

Comment

Who will do less strategising and focus more on delivery?

As Harley now says, there needs to be individual accountability for decisions rather than a generalised blaming of committees.

“I think we need to be more light-footed and make people more accountable for their decisions and actions rather than [blaming] committees and programme boards,” he said.

No individual in government is going to make the changes that Harley recommends. Any real changes will be effected by committees and programme boards. Which is probably why material change in government administration and IT will happen in geologic periods. Unless an individual with charisma and leadership abilities – and who doesn’t mind talking in public while still in the public sector – is prepared to make the difference.

DWP finds hidden Universal Credit reports – after FOI requests

By Tony Collins

The Department for Work and Pensions has found two reports on Universal Credit reports it commissioned from IBM and McKinsey and did not know existed.

One of the reports was a Universal Credit “end to end technical review” carried out by IBM at a cost of £49,240. Another was a review of the Universal Credit “delivery model assessment phases one and two” carried by McKinsey and Partners at a cost of £350,000.  The assessments were in the first half of 2011.

In March, under the FOI Act, Campaign4Change asked the DWP for a copy of the reports and the Department couldn’t find them.

On 19 July 2012, Julie Kitchin, Senior Business Partner, Operations at the Financial Control Directorate, Risk Management Division, DWP Quarry House, Leeds, said in a letter:

“You asked for a copy of the Universal Credit Delivery Model Assessment Phase 1 and 2, and the Universal Credit End to End Technical Review.

“To ascertain whether the Department holds these documents I requested a thorough search of the Universal Credit Programme document library.

“Universal Credit Colleagues have confirmed that the Department does not hold documents with these titles or under these names…”

I replied that a mistake appeared to have been made. “The reports I asked for are referred to in this Parliamentary reply, which gives the cost of the reports and the consultants whom the DWP commissioned to produce them. How can the DWP now say they have no record of the reports?” I gave a link to the Parliamentary reply.

Kitchin said she would seek clarification.  Now Martin Dillon of the DWP’s Central FOI Team, says his Department has found the reports. Says Dillon in a letter,

“It has taken time to locate the documents as they are sensitive in nature and held securely and separately from the normal programme library of information – accessible only through a secure authority.

“I can however now confirm that the relevant records have been located and retrieved.”

Comment

So will the DWP now release the Universal Credit reports?

Not a chance.   The DWP does not publish any consultancy reports, especially external assessments of Universal Credit. Indeed it appears to be so innately, instinctively and culturally secretive that it hides from its own staff independent  assessments of its projects.

Could it be that the DWP is in part PR-driven, to the extent that it commissions tens of millions of pounds worth of external reviews of projects, which ministers and officials can quote from selectively in case a project such as Universal Credit is criticised in Parliament, but which remain hidden so that anything negative is always kept from public and Parliamentary scrutiny?

In defence of the DH’s decision to pay generous sums to BT for Rio and Cerner deployments under the NPfIT, the department quoted selectively from a series of consultancy reports which it refused to publish.

Officially the DWP has not made up its mind on whether to publish the Universal credit reports. In private its officials know there is no way it will publish them.

This is the official DWP response to Campaign4Change on the reports requested under FOI:

“It is occasionally necessary to extend the time limit for issuing a response. In the case of your request, we need to extend the time limit because the information requested must be considered under one of the exemptions to which the public interest test applies.

“This extra time is needed in order to make a determination as to the public interest. Accordingly, we hope to let you have a response by 13 September.”

Universal Credit is one of the government’s biggest IT-related projects. Ministers say that all is going well. But what if the plans are to go live with a tiny proportion of claimants in October next year, with most of the remainder to follow after the next general election, if at all? Is that a PR success or a postponed disaster? It’s certainly a good reason to keep independent assessments of the project secret.

“If people don’t know what you’re doing, they don’t know what you’re doing wrong.” – Yes Minister.

Has DWP lost £400,000 worth of Universal Credit studies it commissioned?

DWP hides already published report on Universal Credit

Millions of secret DWP reports.

Time for truth on Universal Credit IT

Could CSC use 200 jobs as lever in NPfIT talks?

By Tony Collins

In a blog post on ComputerworldUK.com I have asked whether CSC could use 200 UK jobs as a lever in its talks with the Department of Health and the Cabinet Office on a new NPfIT deal (towards end of the blog post).

More agile-thinkers like Roo Reynolds please

By Tony Collins

There’s a useful “keep-it-simple” article on agile software development principles by Roo Reynolds who a product manager at the Government Digital Service.

Reynolds quotes Marissa Mayer, former Google product manager, now Yahoo CEO, who said that there are two types of developer: those who seek perfection and those who seek something working today that they can improve on tomorrow.

“You probably want to work with the second sort of developer as much as possible,” says Reynolds. He quotes Voltaire as saying ‘the best is the enemy of the good’.  From Reynolds’ article:

“We start with a Minimum Viable Product, asking ourselves, what’s the simplest thing that could possibly work? We aim to have a working product, albeit a limited one, within a week or two.

“Having something you can point at and get feedback on as soon as possible is definitely better than attempting to polish something to perfection without anyone being able to tell you whether what you’re making is actually what they need.”

He warns against using made-up data, such as Lorem Ipsum text, because:

– it causes existing assumptions to be reinforced rather than challenged

– it lazily misses an opportunity to iron out any difficulties in getting hold of the real data

He concludes that “nothing beats feedback from real users”.

“Testing products with real users is vital. We always start with user needs (generally captured as user stories) and in meeting those needs I’ve learned not to get too comfortable with any implementation until we’ve tried it with a range of real people. Best of all, it’s ok to be wrong. The best way of getting closer to being right is to test real ideas with real people.”

Comment

If these principles had been applied to the NPfIT it might never have been started.  The NPfIT launched with the principle: what’s the most complicated thing that could possibly work?

Too often assumptions were made on the basis of unrepresentative data such as patient records that were up-to-date, accurate and not duplicated. The NPfIT was tested on real users – but then the bad news was all but ignored.

If Reynolds had been advising on the NPfIT, and Tony Blair hadn’t been so gung-ho when he chaired a discussion on NHS IT at a meeting in Downing Street on 18 February 2002, perhaps billions would not have been wasted on the programme.

More like Roo Reynolds in government please.

@rooreynolds

Reynolds’ article, Government Digital Service.

Will coalition sign a new NPfIT deal with CSC?

By Tony Collins

CSC has told investors that its discussions with the UK government on an interim agreement for deploying Lorenzo to the NHS are “continuing positively”.

CSC says that an agreement could commit a certain number of NHS trusts to take Lorenzo. Some of those trusts would be named in the interim agreement and the remainder within six months. CSC refers to them as “committed named trusts”.

[Such a legal commitment for named NHS trusts to take Lorenzo may run counter to the post-NPfIT coalition philosophy of giving trusts the freedom to buy what they want, when they want, and from whom they want. The named trusts might have indicated on a  DH questionnaire a wish to take Lorenzo but an agreement between the government and CSC would commit the trusts irrevocably, or the DH could have to pay CSC compensation for non-deployment.]

CSC says the deployed product would be categorized as “base product” or “additional product” for pricing purposes. The DH would commit money to the base product. Other funds would be available centrally available for “additional products,  supplemental trust activity and local configuration”.

The DH would give CSC a structured set of payments following certain product deliveries, as well as additional payments to cover various deployments for the named trusts and payments for work already performed.

If the government does not sign a new deal, and allows CSC’s existing contracts to run down until they expire formally in 2015, this could keep further NPfIT-related costs to the taxpayer to a minimum.  But it risks legal action from CSC, which says the NHS contract is enforceable and that the NHS has no existing right to terminate the contract, unless for convenience (which is unlikely).

If the government had terminated CSC’s contracts for its convenience (as opposed to alleged breach of contract) it would have had to pay CSC a termination fee capped at £329m as of 29 June 2012. CSC would also have been entitled to compensation for the profit it would have earned for the 12 months after the contract was terminated.

If the contract is not terminated, a new deal not signed, and no legal action is taken by either side, the amounts the UK government would have to pay CSC are likely to be minimised.  It is in CSC’s interests to maintain and enhance Lorenzo for those NHS sites that have deployed it.

So will the government sign a new deal with CSC at least to reduce the risks of CSC legal action? Or could the government hold out not signing any agreement until expiry of the contracts in 2015 on the basis that CSC has not delivered all it promised?

If a new deal is signed – and CSC indicates that an agreement is likely – the government may face accusations that it has broken its undertaking to dismantle the NPfIT.

David Camerson intervened personally to have the Cabinet Office’s Major Projects Authority look closely at NPfIT commitments.  His “efficiency” minister Francis Maude is likely to resist the signing of any new agreement

But will CSC accept the government’s refusal to sign a new deal, when such a deal could enable CSC to recover at least some of the $1.485bn (£0.95bn) it recorded as an NPfIT contract charge in the third quarter of 2012?

Maude gives up on plan to publish regular reports on major projects

By Tony Collins

Cabinet Office minister Francis Maude has given up on publishing regular “Gateway” reports on the progress or otherwise of big IT and construction projects.

Publication of the independent reviews has proved a step too far towards open government.  Were Maude to insist on publishing Major Projects Authority “Gateway” review reports, it would alienate too many influential senior civil servants whose support Maude needs to implement the Civil Service Reform Plan of June 2012.

Gateway reviews are independent reports on medium and high-risk projects at important stages of their lifecycle.  If current and topical the reviews are always kept secret. One copy is given to the project’s senior responsible owner and the Cabinet Office’s Major Projects Authority keeps another. Other copies have limited distribution.

In opposition Maude said he would publish the reviews; and when in power Maude took the necessary steps: the Cabinet Office’s “Structural Reform Plan Monthly Implementation Updates” included an undertaking to publish Gateway reviews by December 2011 .

When some officials, particularly those who had worked at the Office of Government Commerce, objected strongly to publishing the reports (for reasons set out below), the undertaking  to publish them vanished from further Structural Reform Plan Monthly Implementation Updates.  When asked why, a spokesman for the Cabinet Office said the plan to publish Gateway reviews had only ever been a “draft” proposal.

The anti-publication officials have thwarted even Sir Bob Kerslake, head of the Home Civil Service, who replaced Sir Gus O’Donnell.  When in May 2012 Conservative MP Richard Bacon asked Kerslake about publishing Gateway reviews, Kerslake replied:

Yes, actually we are looking at this specific issue as part of the Civil Service Reform Plan….I cannot say exactly what will be in the plan because we have not finalised it yet, but it is due in June and my expectation is that I am very sympathetic to publication of the RAG [red, amber, green] ratings.”

Inexplicably there was a change of plan. The Civil Service Reform Plan in fact said nothing about Gateway reports. It made no mention of RAG ratings. What the Plan offered on openness over major projects was an undertaking that “Government will publish an annual report on major projects by July 2012, which will cover the first full year’s operation of the Major Projects Authority.”  (This is a far cry from publishing regular independent Gateway assessments on major projects such as the IT for Universal Credit.)

Even that promise has yet to materialise: no annual report has been published. The Cabinet Office originally promised Parliament an annual report on the Major Projects Authority by December 2011. The Cabinet Office says that the annual MPA report has been delayed because the “team is now clear that it makes sense to include a full financial year’s worth of data and analysis in its first report”.

When eventually published the annual report will, says the Cabinet Office,  “make for a far more informative and comprehensive piece, and will include analysis of data up to 31 March 2012. This will be the first time the UK government has reported on its major projects in such a coherent and transparent way.”

Even so it’s now clear that the Cabinet Office is discarding its plans to publish regular Gateway review reports. Maude wants cooperation with officials, not confrontation.  He made this clear in the reform plan in which he said:

“Some may caricature this action plan as an attack on the Civil Service. It isn’t. It would be just as wrong to caricature the attitude of the Civil Service as one of unyielding resistance to change. Many of the most substantive ideas in this paper have come out of the work led by Permanent Secretaries themselves.”

But Maude is also frustrated at the quiet recalcitrance of some officials.  To a Lords committee that was inquiring into the accountability of civil servants, he said

“The thing for me that is absolutely fundamental in civil servants is that they should feel wholly uninhibited in challenging, advising and pushing back and then when a decision is made they should be wholly clear about implementing it.

“For me the sin against the holy ghost is to not push back and then not do it – that is what really enrages ministers, certainly in talking to ministers in the last government and in the current government. It is by no mean universal, but it is far more widespread than is desirable.”

It’s likely that Maude will keep Gateway reports secret so long as he has the cooperation of officials on civil service reforms.

Why officials oppose publication

The reasons for opposing publication were set out in the OGC’s evidence to an Information Tribunal on the Information Commissioner’s ruling in 2006 that the OGC publish two Gateway reports on the ID Cards scheme.

Below are some of the OGC’s arguments (all of which the Tribunal rejected).  The OGC went to the High Court to stop two early ID Cards Gateway reports being published, at which time OGC lawyers cited the 1689 Bill of Rights. The ID Cards gateway reports were eventually published (and the world didn’t end).

The OGC had argued that publishing Gateway reports would mean that:

–  Interviewees in Gateway reviews gave their time voluntarily and may refuse to cooperate.  (The Information Commissioner did not accept that officials would cease to perform their duties on the grounds the information may be disclosed.)

– Interviewees would be guarded in what they said;  reviewers would be less inclined to cooperate; and disclosure would result in anodyne reports. These three arguments were given in evidence by Sir Peter Gershon, the first Chief Executive of the OGC.

– Civil servants would be reluctant to take on the role of senior responsible owner of a project.

– Critics of a project would have ammunition which could discourage other departments and agencies from participating in the scheme.

– Cabinet collective responsibility could be undermined if Ministers were interviewed for a review.

– Criticisms in the reviews could be “in the newspapers within a very short time”, and the media could misrepresent the review’s findings. (The Tribunal discovered that those involved in the reviews were generally more concerned with their programme than possible adverse publicity.)

– Reports would take longer to write.

– The public would not understand the complexities in the reports.

Why Gateway reports should be published

The Tribunal found that OGC fears about publishing were speculative and that disclosure would contribute to a public debate about the merits of ID Cards, and provide some insight into the decision-making which underlay the scheme. Disclosure would ensure that a complex and sensitive scheme was “properly scrutinised and implemented”, said the Tribunal.

Was OGC evidence to Tribunal fixed?

The Tribunal was also suspicious that the OGC had submitted several witness statements that used identical wording. The Tribunal said the witnesses should have expressed views in their own words.

It found that disclosure could make Gateway reviewers more candid because they would know that their recommendations and findings would be subject to public scrutiny; and criticisms in the reports, if made public, could strengthen the assurance process.

Importantly, the Tribunal said the disclosure would help people judge whether the Gateway process itself works.

Comment

Hundreds of Gateway reports are carried out by former civil servants who can earn more than £1,000 a day for doing a review (although note Peter Smith’s comment below). As the reports are to remain secret how will the reviewers be held properly accountable for their assessments? No wonder officials don’t want the reports published.

Any idea how many projects we have and what they’ll cost? – Cabinet Office.

Whitehall cost cutting saves £5.5bn