Tag Archives: Cabinet Office

Whitehall has taken on 100 technology experts over past year

By Tony Collins

The Cabinet Office says that government departments have taken on more than  100 IT experts over the past year.

The Government Digital Service (GDS) led the recruitment as part of a plan to raise technology-related skills in the civil service.

One appointment is of former Credit Suisse CIO Magnus Falk as the Government’s new Deputy Chief Technology Officer, reporting to Government CTO Liam Maxwell. Other recent technology recruits include:

  • MOJ Chief Technology Officer Ian Sayer, who was Global Chief Information Officer at Electrolux; and
  • Government Chief Technical Architect Kevin Humphries, former Chief Technical Architect at Qatarlyst.

Chief Digital Officer appointments include:

  • HMRC Chief Digital and Information Officer Mark Dearnley, formerly CIO of Vodafone;
  • MOJ CDO Paul Shelter, who previously co-founded two start-ups and was CTO for banking at Oracle;
  • ONS’s Laura Dewis, Deputy Director Digital Publishing, who was Head of Online Commissioning at The Open University;
  • Jacqueline Steed, former Managing Director and CIO for BT Wholesale, who starts as CDO at the Student Loan Company next week; and
  • DWP CDO Kevin Cunnington, who was previously Global Head of Online at Vodafone.

Comment

It’s encouraging that the Cabinet Office, through the GDS, is overseeing the recruitment of IT leaders in government departments. It means the recruits will see their roles as cross-governmental. In the past the civil service culture has required that CIOs show an almost filial respect for their departmental seniors.

It’s a good idea that GDS tries to change age-old behaviours from within by recruiting technology experts with a wide range of experience from the private sector. But how long will they last?

Their challenge will be converting the words “transformation”, “innovation” and “fundamental change” from board papers, press releases, strategy documents, and conference speeches, into actions.

New deputy CTO role in central government – Government Computing

 

 

DWP’s advert for a £180k IT head – what it doesn’t say

By Tony Collins

Soon the Department for Work and Pensions will choose a Director General, Technology.  Interviewing has finished and an offer is due to go out to the chosen candidate any day now.

The appointee will not replace Howard Shiplee who runs Universal Credit but has been ill for some months. The DWP is looking for Shiplee’s successor as a separate exercise to the recruitment of the DG Technology.

In its job advert for a DG Technology the DWP seeks a “commercial CIO/CTO to become one of the most senior change agents in the UK government”.

The size of the salary – around £180k plus “attractive pension” – suggests that the DWP is looking for a powerful, inspiring and reforming figure. The DWP’s IT makes 730 million payments to a value of 166bn a year.

In practice it is not clear how much power and influence the DG will have, given that there will be a separate head of Universal Credit (Shiplee’s successor) and there is already in place a Director General for Digital Transformation Kevin Cunnington.

What’s a DG Technology to do then?

The job advert suggests the job is about bringing about “unprecedented” change.  It says:

“The department is undergoing major business change, which has at its heart a technology and digital transformation of the services it provides, which will radically improve how it interacts with citizens.”

The role, says the advert, involves:

  • “Designing, developing and delivering the technology strategy that will enable unprecedented business change.”
  • “… Reducing the time to taken to develop new services and cutting the cost of delivery.”

The chosen person needs “a clear record of success in enabling the delivery of service driven, user focused, digital business transformation,” says the advert.

What the DWP doesn’t say

If DWP officials took a truth pill when interviewing candidates they might have said:

  • “No department talks more about change than we do. We regularly commission reports on the need for transformation and how to achieve it. We issue press releases and give briefings on our plans for change.  We write  ministerial speeches on it. We employ talented people to whom innovation and productive change comes naturally. The only thing we don’t do is actually change. It remains an aspiration.
  • “We remain one of the biggest VME sites in the world (VME being a Fujitsu – formerly ICL – operating system that dates back to the 1970s). VME skills are in ever shorter supply and it’s increasingly costly to employ VME specialists but changing our core software is too risky; and there is no commercial imperative to change: it’s not private money we’re spending.  We’ve a £1bn a year IT budget – one of the biggest of any government department in the world.
  • DWP core VME systems run an old supplier-specific form of COBOL used on VME, not an industry standard form.
  • We’ve identified ways of moving away from VME: we have shown that VME-based IDMSX databases can be transitioned to commodity database systems, and that the COBOL code can be converted to Java and then run on open source application servers. Still we can’t move away from VME, not within the foreseeable future. Too risky.
  • We’d love the new DG Technology to work on change, transformation and innovation but he/she will be required for fire-fighting.
  • It’s a particularly difficult time for the DWP. We are alleged to have given what the Public Accounts Committee calls an unacceptable service to the disabled, the terminally ill and many others who have submitted claims for personal independence payments. We are also struggling to cope with Employment and Support Allowance claims. One claimant has told the BBC the DWP is “not fit for purpose”.
  •  The National Audit Office will publish an unhelpful report on Universal Credit this Autumn. We’ll regard the report as out-of-date, as we do all negative NAO reports. We will say publicly that we have already implemented its recommendations and we’ll pick out the one or two positive sentences in the report to summarise it. But nobody will believe our story, least of all us.
  • If we could, we’d appoint a representative of our major suppliers to be the head of IT.  HP, Fujitsu, Accenture, IBM and BT have a knowledge of how to run the DWP’s systems that goes back decades. The suppliers are happily entrenched, indispensable. That they know more about our IT than we do puts into context talk of SMEs taking over from the big players.
  • One reason we avoid major change is that we are not good at it: Universal Credit (known internally as Universal Challenge), the £2.6bn Operational Strategy benefit scheme that Parliament was told would cost no more than £713m, the £141m  (aborted) Benefit Processing Replacement Programme, Camelot which was the (aborted) Computerisation and Mechanisation of Local Office Tasks,  and the (aborted)) Debt Accounting and Management System. Not to mention the (aborted) £25m Analytical Services Statistical Information System.
  • They’re the failures we know about. We don’t have to account to Parliament on the progress or otherwise of our big projects, and we’re particularly secretive internally, so there may be project failures not even senior management know about.
  • We require cultural alignment of all the DWP’s most senior civil servants. This means the chosen candidate must – and without exception – defend the department against all poorly-informed critics who may include our own ministers.
  • The Cabinet Office has some well-meaning reformers we want nothing to do with. That said, our policy is to agree to change and then absorb the required actions, like the acoustic baffles on the walls of a soundproofed studio.

 

 

Has Fujitsu won £700m NHS legal dispute?

By Tony Collins

The Telegraph reports unconfirmed rumours that Fujitsu has thrown a party at the Savoy to celebrate the successful end of its long-running dispute with the NHS over a failed £896m NPfIT contract.

Government officials are being coy about the settlement which implies that Fujitsu has indeed won its legal dispute with the Department of Health, at a potential cost to taxpayers of hundreds of millions of pounds.

Fujitsu sued the DH for £700m after it was ejected from its NPfIT contract to deliver the Cerner Millennium system to NHS trusts in the south of England.

At one point a former ambassador to Japan was said to have been involved in trying to broker an out-of-court settlement with Fujitsu at UK and global level.

But the final cost of the settlement is much higher than any figure agreed, for the Department of Health paid tens, possibly hundreds of millions of pounds, more than market prices for BT to take over from Fujitsu support for NHS trusts in the south of England. The DH paid BT £546m to take over from Fujitsu which triggered a minor Parliamentary inquiry.

A case that couldn’t go to court?

The FT reported in 2011 that Fujitsu and the Department of Health had been unable to resolve their dispute in arbitration and a court case was “almost inevitable”.

But the FT article did not take account of the fact that major government departments do not take large IT suppliers to an open courtroom. Though there have been many legal disputes between IT suppliers and Whitehall they have only once reached an open courtroom [HP versus National Air Traffic Services] – and the case collapsed hours before a senior civil servant was due to take the witness stand.

Nightmare for taxpayers

Now the Telegraph says:

“Unconfirmed reports circulating in the industry suggest that a long-running dispute over the Japan-based Fujitsu’s claim against the NHS for the cancellation of an £896 million contract has finally been settled – in favour of Fujitsu.”

It adds:

“Both Fujitsu and the Cabinet Office, which took over negotiations on the contract from the Department of Health, are refusing to comment. The case went to arbitration after the two sides failed to reach agreement on Fujitsu’s claim for £700 million compensation. Such a pay-out would be the biggest in the 60-year history of the NHS – and a nightmare for taxpayers.”

The government’s legal costs alone were £31.45m by the end of 2012 in the Fujitsu case.

Francis Maude, Cabinet Office minister, is likely to be aware that his officials will face Parliamentary criticisms for keeping quiet about the settlement. The Cabinet Office is supposed to be the home of open government.

Earlier this week the National Audit Office reported that Capgemini and Fujitsu are due to collect a combined profit of about £1.2bn from the “Aspire” outsourcing contract with HM Revenue and Customs.

Richard Bacon, a Conservative member of the Public Accounts Committee is quoted in the Telegraph as saying the settlement with Fujitsu has implications across the public sector. “It should be plain to anyone that we are witnessing systemic failure in the government’s ability to contract.”

What went wrong?

The Department of Health and Fujitsu signed a deal in January 2004 in good faith, but before either side had a clear idea of how difficult it would be to install arguably over-specified systems in hospitals where staff had little time to meet the demands of new technology.

Both sides later tried to renegotiate the contract but talks failed.

In 2008 Fujitsu Services withdrew from the talks because the terms set down by the health service were unaffordable, a director disclosed to MPs.

Fujitsu’s withdrawal prompted the Department of Health to terminate the company’s contract under the NHS’s National Programme for IT (NPfIT).

Fujitsu’s direct losses on the contract at that time – which was in part for the supply and installation of the Cerner “Millennium” system – were understood to be about £340m.

At a hearing of the Public Accounts Committee into the NPfIT,  Peter Hutchinson, Fujitsu’s then group director for UK public services, said that his company had been willing to continue with its original NPfIT contract – even when talks over the contract “re-set” had failed.

“We withdrew from the re-set negotiations. We were still perfectly willing and able to deliver to the original contract,” he said.

Asked by committee MP Richard Bacon why Fujitsu had withdrawn Hutchinson said, “We had tried for a very long period of time to re-set the contract to match what everybody agreed was what the NHS really needed in terms of the contractual format.

“In the end the terms the NHS were willing to agree to we could not have afforded. Whilst we have been very committed to this programme and have put a lot of our time, energy and money behind it we have other stakeholders we have to worry about including our shareholders, our pension funds, our pensioners and the staff who work in the company. There was a limit beyond which we could not go.”

The termination of Fujitsu’s contract left the NHS with a “gaping hole,” said the then chairman of the Public Accounts Committee Edward Leigh.

Thank you to campaigner Dave Orr for drawing my attention to the Telegraph article.

Comment 

In an era on open government it is probably not right for officials and ministers at the Cabinet Office and the Department of Heath to be allowed to secretly plunge their hands into public coffers to pay Fujitsu for a massive failure that officialdom is too embarrassed to talk about.

Why did the DH in 2008 end Fujitsu’s contract rather than renegotiate its own unrealistic gold-plated contract specifications? Should those who ended the contract be held accountable today for the settlement?

The answer is nobody is accountable in part because the terms of the dispute aren’t known. Nobody knows each side’s arguments. Nobody even knows for certain who has won and who has lost. Possibly the government has paid out hundreds of millions of pounds to Fujitsu on the quiet, for no benefit to taxpayers.

Is this in the spirit of government of the people, by the people, for the people?

Publish Universal Credit and other project reports, says ex-gov’t CIO

By Tony Collins

John SuffolkJohn Suffolk, the government’s former chief information officer, says warnings that publishing Universal Credit reports will have a chilling effect are “poppycock”.

His comments were prompted by the Department for Work and Pensions’ appeals against a ruling by the first-tier information tribunal that 4 reports on the Universal Credit programme be published.

The DWP has failed in every legal move it has made to stop the reports being published but is continuing its attempts although costs for taxpayers are increasing.

The DWP and its external lawyers argue that publishing the 4 reports would have a chilling effect by inhibiting the candour and boldness of civil servants who contribute to such reports.

But Suffolk says the claims of a chilling effect are “poppycock”. Suffolk was responding to a Campaign4Change blog “DWP tries again to stop disclosure of Universal Credit reports“.  He says:

“As you know I am a great fan of publishing all of the project reports. I note all of the comments on the “chilling effect” but this is poppycock.

“There is no chilling effect and if there was it would be countered by the extra scrutiny change programmes would receive by increased transparency. We should publish everything on projects and programmes.

“Transparency is a good thing. Government does complex work and more eyes on the problem would be a help not a hindrance, accepting we all need to know ‘who is the cook and who is the food critic’.

Suffolk was government CIO for nearly 5 years between 2006 and 2011 where he helped to steer an annual IT budget of billions of pounds.  He is now Head of Cyber Security/SVP at Huawei Technologies

His comments in full:

“It is such a shame that we have reached this position. Part of the Conservative Party (not the coalition) election thrust was on openness, transparency etc.

“Indeed some work has been done on this such as publishing the finance data, a summary report on major projects, but we appear to have gone backwards on no longer publishing an annual report for ICT spend, no longer publishing benchmark data – a prime driver that can reduce costs. According to the NAO some of what is published in terms of progress, is a little, how can I phrase this suspect.

“The realism is the only time a government can introduce transparency is at the beginning of a political cycle, this should have been executed at the beginning of the coalition as it becomes almost impossible to become transparent at the beginning of a new election cycle.

“A few words about UC. Before I left Government we reviewed the outline of UC as part of Francis Maude’s project control. I have to say the Ministers were excellent.

“They fully understood the policy objectives, fully understood the likely benefits and costs, understood the challenges but rightly deferred to officials on execution – how do we get from A to B.

“The Officials were far less impressive… Since then the ICT Team and Executive at DWP have gone through substantial change, the Civil Service have gone through a period of “transition” or “turmoil”; suppliers have gone through similar experiences and here we are trying to undertake one of the largest changes to the benefits system.

“We should not be surprised if there are a few wrinkles, nor should we be surprised if things move around a bit (what doesn’t – big or small) but what we should be surprised at is that Cabinet Office doesn’t appear to be backing the programme.

“I read with some mild amusement that GDS had taken their toys home and withdrew troops from “supporting” the programme.

“Excuse me, but isn’t this a flagship Programme? Won’t this programme save billions of pounds? Won’t this programme begin to change the something-for-nothing culture to nothing-for- nothing culture (unless there are real health reasons etc)?

“So we should have robbed all of the most talented resources of less priority programmes to support this. We didn’t. We went and sulked in the corner because they wouldn’t accept our ideas – instead we go and play around with websites and mess with tactical online services rather than focussing on the things that matter.

“You could also see this manifested in the major projects report where they singled out UC in a special category. Boys boys your job is to work together not squabble like little children.

“Get the best resources on UC, accept it is complex and dates will move around, take steady small steps and prove the programme and then get your shoulders behind it to make the implementation a success.

“Without doubt the Government have made many substantial improvements but when it comes to getting big changed implemented there is a long way to go.”

Millions of pounds of secret DWP reports

Judge refuses DWP leave to appeal ruling on Universal Credit reports

DWP tries again to stop release of Universal Credit reports

By Tony Collins

The Department for Work and Pensions has requested another legal hearing in its attempt to stop four ageing reports on the Universal Credit programme being published.

The DWP’s formal application to the Upper Tribunal (below) shows that Whitehall officials and work and pensions  ministers, Iain Duncan Smith and Lord Freud,  are prepared to sink more public money into fighting a judge’s ruling in March 2014 that the DWP publish the four reports

It appears the DWP does not want the reports published on a point of principle: the department does not publish any reports on any of its major IT-based change programmes.

Another reason officials and ministers have for keeping the reports confidential is that they would establish what officials knew of Universal Credit programme’s serious problems in 2012 when departmental press releases were saying the scheme was on time and within budget.

The reports could show, without ambiguity, that the DWP misled Parliament in 2012 and 2013 by saying the UC programme was progressing successfully when officials knew this was not the case.

So far the the DWP’s lawyers have lost every stage of their appeals to stop disclosure of the reports. One judge noted the apparent contradiction between what’s in the hidden reports and optimistic press releases issued by the department about the UC programme.

The reports in question date back to 2011 and 2012. They are:

–  A Project Assessment Review of Universal Credit by the Cabinet Office’s Major Projects Authority. The Review gave a high-level strategic view of the state of UC, its problems, risks and how well or badly it was being managed.

–  A Risk Register of Universal Credit. It included a description of the risk, the possible impact should it occur, the probability of its occurring, a risk score, a traffic light [Red/Green Amber] status, a summary of the planned response if a risk materialises, and a summary of the risk mitigation.

– An Issues Register for Universal Credit. It contained a short list of problems, the dates when they were identified, the mitigating steps required and the dates for review and resolution.

– A High Level Milestone Schedule for Universal Credit. It is described in the tribunal’s ruling as a “graphic record of progress, measured in milestones, some completed, some missed and others targeted in the future”.

John Slater, who has 25 years experience in IT and programme and project management, requested three of the reports in 2012 under the FOI Act. Separately I requested the Project Assessment Review, also in 2012. The Information Commissioner ruled that the DWP release three of the four reports. He said the Risk Register could stay confidential.

The DWP appealed the ruling and the case came before the first-tier information tribunal earlier this year.  The DWP sent an external legal team to Leicester for the hearing – which the DWP lost.

The tribunal ruled that the DWP publish all four reports. Lawyers for the DWP had claimed that disclosure of the four reports would inhibit the candour and boldness of civil servants who contributed to them – the so-called chilling effect.

The DWP’s lawyers sought the first-tier tribunal’s leave to appeal the ruling, describing it as “perverse”. The  lawyers said the tribunal had wholly misunderstood what was meant by a “chilling effect”, how it was manifested and how its existence could be proved.

They claimed that the first-tier tribunal’s misunderstanding of the chilling effect and its perverse decision were “errors of law”. For the first-tier tribunal’s finding to go to appeal to the “upper tribunal”, the DWP would have needed to prove “errors in law” in the findings of the first-tier tribunal.

The judge in that case, David Farrer QC, found that there were no errors in law in his ruling and he refused the DWP leave to appeal. The DWP then asked the upper tribunal to overrule Farrer’s decision – and the DWP lost again.

The judge in the upper tribunal refused permission for the DWP to appeal.

Rather than simply publish the reports – and avoid further legal costs – the DWP has now asked its lawyers to submit another request for an appeal. This time the DWP has asked for an “oral hearing” so that its lawyers can argue for permission to appeal to the upper tribunal in person, rather than on paper.

The upper tribunal has yet to decide on the DWP’s request for an oral hearing.

As long as the DWP sustains its series of appeals it does not have to publish the four reports, although legal costs from the public purse continue to rise.

The DWP’s latest letter to the upper tribunal:

8 July 2014

Dear Sirs

Department For Work And Pensions v ICO

Application to the Upper Tribunal for permission to appeal

We write further to your letter dated 25 June 2014 enclosing Upper Tribunal Judge Wikeley’s refusal of the Secretary of State’s application for permission to appeal and above three appeals.

We apply in accordance with rules 22(4) and (5) of the Tribunal Procedure (Upper Tribunal) Rules 2008 for the Department for Work and Pensions’ application for permission to appeal against the First-Tier Tribunal’s decision of 19 March 2014 (notified on 24 March 2014) in the above cases to be reconsidered at an oral hearing.

The Department for Work and Pensions contends that each of the three proposed grounds of appeal is arguable in law for the reasons set out in the grounds of appeal accompanying its application for permission to appeal, and applies for reconsideration before a judge at an oral hearing on that basis.

Yours faithfully …

Comment

The DWP is facing Parliamentary and NAO criticism over the poor state of several of its major programmes. So it is odd that its officials have the time, and can spare the public funds, to fight a long campaign to stop four old UC programme reports being published.

It shows that the DWP cares more about how it is perceived by the outside world than it cares for minimising the public money it spends on this FOI case.

It’s likely that publication of the four reports would slightly embarrass the department but that would soon be forgotten.  Once incurred the legal costs cannot be reclaimed.

The DWP’s claims of a “chilling effect” should the reports be disclosed are entirely understandable. No publicly funded body wants be scrutinised. Officials would rather keep all their internal affairs secret.  But that’s not the way it works in a democracy.

Upper Tribunal ruling Universal Credit appeal

My submission to FOI tribunal on universal credit

Judge [first-tier tribunal] refuses DWP leave to appeal ruling on Universal Credit reports – April 2014

 

 

IDS confirms that UC “full” business case not approved

Tony Collins

For the first time Iain Duncan Smith has made the distinction between the full business for Universal Credit, which has not been approved, and the strategic outline business case which has been approved.

The truth emerged after a question in the House of Commons this afternoon by Chris Bryant, shadow minister for welfare reform.

On previous occasions when ministers had been asked whether the business case for UC had been approved they replied that the strategic outline business case had been approved. They omitted to say that the full business case, which assures long-term finance for the programme, has not yet been approved.

Now IDS has confirmed to Bryant that approval of the full business case for UC is due “very shortly”. Bryant had asked IDS whether the business case had been approved – yes or no? IDS gave a lengthy reply before answering the question.  He said:

“The Treasury have approved the funding for Universal Credit in 2013, 2014, and 2015 [though not beyond that] in line with the plan I announced in December last year… the final stage in this process, and the logical point is now, has always been to approve and sign off the full business case covering the full, long lifetime of this programme going on beyond this Parliament.

“We are in discussions over that and will eventually bring the £35bn economic benefits to society … and my right honourable friend (in the Treasury) I am certain will approve that very soon.”

Approval of the full business case is far from guaranteed. Withholding consent gives the Cabinet Office, Major Projects Authority and the Treasury a continued say over how the UC programme develops.

Once approval of the full business is given, the centre of government will have less influence over the programme.

Opposition MPs also asked IDS this afternoon whether he would publish the UC business case. He said that no government has previously published business cases but he would consider the matter and discuss it with MPs.

The DWP has not published any of its internal or commissioned UC reports.

Thank you to openness campaigner Dave Orr who drew my attention to the UC debate in the House of Commons today.

Minister did not lie over UC business case – but did officials deliberately mislead?

Millions of pounds of secret DWP reports

Treasury refusing to sign off Universal Credit business case?

By Tony Collins

Government Computing reports that the business case for the Universal Credit programme has yet to be signed off.

It appears that the Department for Work and Pensions receives money for the programme only when it needs it.

It is odd that the business case remains to be signed although the programme is more than three years old. The programme was “reset” last year.

At a hearing yesterday of the Public Accounts Committee the four top civil servants who appeared before MPs were reluctant to admit that the business case had not been signed off.

They four were:

– Sir Jeremy Heywood, Cabinet Secretary, Cabinet Office;

– Sir Bob Kerslake, Head of the Home Civil Service and Permanent Secretary, Communities and Local Government;

– Richard Heaton, Permanent Secretary, Cabinet Office and

– Sir Nicholas Macpherson, Permanent Secretary, HM Treasury.

Government Computing reports that the four were “reduced to bluster” when the committee’s chair Margaret Hodge  questioned them repeatedly on whether the business case for Universal Credit had been signed off by the Treasury.

She said, “There is no argument about the policy. It is entirely an implementation issue. And I cannot understand a centre that fails to intervene when there is such a classic failure at the departmental level on something that the centre says it is interested in, which is IT.

“It’s supposed to be a digitisation exercise in the way we administer benefits so you can integrate the benefits. What we’ve got out there is not a digitisation – it’s an incredibly staff intensive, pathfinder thing. Why is the centre allowing that to happen? Have you signed off the business case yet?”

“Have you assigned off the business case?” she repeated to  MacPherson.

After some looks between the four permanent secretaries, Kerslake said, “I think we should stop beating about the bush. It hasn’t been signed off. What we’ve had is a set of conditional assurances about progress and the Treasury has released money accordingly. And that’s one of the key controls they have. “

Defending the role of the centre in the Universal Credit programme, Heywood said, “This is an example of where the centre did intervene very strongly, both the Treasury and the Major Projects Authority (MPA).

“The MPA with the support of the Treasury and with a lot of technical help from the Government Digital Service (GDS) has played a very clear role in bringing to the secretary of state’s attention that the project was way off track. And that was a very important intervention from the centre.

“It then followed up with the next technique that the centre has got, which is to provide support in seconding in the then head of the MPA, David Pitchford, to help re-programme the project, a lot of support from Mike Bracken and his team at GDS to help the digital underpinnings of it and also some help on the commercial renegotiation of some of the contracts from Bill Crothers and his team. So it’s a very good example of the assurance role was followed by a support role and that continues.”

Pressed by Margaret Hodge on whether Universal Credit was now on track, Heywood said, “In its current form, yes, I think it is.”

Comment

Among so-called enlightened democracies the UK, perhaps, stands alone. In what other country would the nation’s four most senior civil servants, when asked if the business case for a major project has been signed off, look like children in a playground who are being asked to reveal a secret?

What does it say about open government that the UK’s four most senior civil servants cannot immediately say yes or no to such a basic question?

[One thing it says, perhaps, is that they are all terrified of Iain Duncan Smith who doesn’t like anything being said about Universal Credit that isn’t entirely positive. Worse still, they probably all agree with him.]

Treasury still to fully sign off Universal Credit business case 

HP’s tacit threat to government not to bid for contracts?

By Tony Collins

HP has written to the Treasury  questioning whether it is worthwhile competing for contracts if the Government is no longer interested in doing business with multinationals, says The Independent.

Cabinet Office minister Francis Maude is encouraging departments to spend more with SMEs and be less reliant on a small number of major IT suppliers. He wants departments to avoid signing long-term contracts which lock-in ministers to one major supplier.

The Independent says:

“In a striking case of Goliath accusing David of bullying, the American giants Microsoft and Hewlett Packard have complained that they are being unfairly picked on by the Cabinet Office minister Francis Maude.

“…the Government’s largest IT supplier Hewlett Packard has written to the Treasury to express its concern at plans by Mr Maude to award more Government contracts to smaller suppliers.

“At the same time Microsoft is fighting a rearguard action against the Cabinet Office to protect the million pounds it gets each year from Whitehall by selling popular Office programmes such as Word and Excel.

“Both companies are concerned that they are being singled out by ministers as unpopular and easy targets in their rhetoric about cutting public sector waste…

“Microsoft is attempting to prevent the Government from migrating its own computer systems from those that rely on the multinational to open-source documents that are free to use…

“Both companies look set to be disappointed – at least unless there is a change in Government. Mr Maude is understood to be looking to next year – when a significant number of big IT contracts are up for renewal – to push ahead with the new policy that could significantly denude the profits of IT multinationals.”

A Cabinet Office spokesman said it was unaware of HP’s letter to the Treasury and added: “We value the contribution companies of all sizes make to the UK economy, driving innovation, growth and jobs.”

A spokeswoman for HP told The Independent:  “HP is a proud and long-standing supplier of IT products and services to Her Majesty’s Government and provides vital public services to UK citizens.  We maintain an ongoing dialogue with government about our programme of work.”

A report by the Institute for Government Government Contracting:  Public data, private providers says that HP is the largest supplier to government with earnings in excess of 1.7bn in both 2012 and 2013.

In 2013, 86% (£1.49bn) of HP’s revenue from central government came from a DWP contract to supply infrastructure and systems for DWP and its job centres. “This contract is likely to be the largest single non-defence contract in central government,” says the Institute.

Capgemini, BT and Capita were the next largest suppliers to central government. Capgemini’s work is mainly from HMRC through the “Aspire” contract which is worth about £850m a year.

Departments are more open than they used to be but the Institute found big gaps in the information provided.

These gaps include:

– Contractual transparency –  contracts and contractual terms, including who will bear financial liabilities in the event of failures

– Information about how well contractors perform, allowing a vital assessment of value for money

– Supply chain transparency – information including the proportion of work subcontracted to others, terms of subcontracting (particularly levels of risk transfer), and details on the types of organisation (for example, voluntary and community sector organisations) in the supply chain.

Comment

What concerns Maude and his team is not the existence of major suppliers in central government contracts but the reliance by central departments on long-term contracts that lock-in ministers and lead to costly minor changes.

Nobody wants the major suppliers to stop bidding for contracts. What’s needed is for departments to have the in-house expertise to manage suppliers adroitly, and not to be adroitly managed by their suppliers which seems to be the position at present.

Thank you to openness campaigner Dave Orr for the information he sent me which helped with this article.

The IT giants who fear losing the government’s favour

Opening the door to data transparency

 

 

 

Upper Tribunal refuses DWP leave to appeal ruling on Universal Credit reports

By Tony Collins

An upper tribunal judge this week refused consent for the Department of Work and Pensions to appeal a ruling that four reports on the Universal Credit programme be published.

It’s the third successive legal ruling to have gone against the DWP as its lawyers try to stop the reports being released.

The DWP is likely to request further consideration of its appeal. History suggests it will devote the necessary legal time and funding to stop the reports being published.

In March 2014, the first-tier information tribunal rejected the DWP’s claim that disclosure of the four reports would inhibit the candour and boldness of civil servants who contributed to them – the so-called chilling effect.

The DWP sought the first-tier tribunal’s leave to appeal the ruling, describing it as “perverse”. External lawyers for the DWP said the tribunal had wholly misunderstood what is meant by a “chilling effect”, how it is manifested and how its existence can be proved.

They claimed the misunderstanding and the perverse decision were “errors of law”. For the first-tier tribunal’s finding to go to appeal to the “upper tribunal”, the DWP would have needed to prove “errors in law” in the findings of the first-tier tribunal.

The judge in that case, David Farrer QC, found that there were no errors in law in his ruling and he refused the DWP leave to appeal. The DWP then asked the upper tribunal to overrule Farrer’s decision – and now the DWP has lost again.

The upper tribunal’s judge Nicholas Wikeley says in his ruling this week:

“This [chilling effect] is a well known concept, and I can see no support for the argument that the [first-tier] Tribunal misunderstood its meaning.

“The Tribunal was surely saying that whilst it heard Ms Cox’s claim that disclosure would have a chilling effect, neither she nor the Department provided any persuasive evidence to that effect.” [Sarah Cox is a senior DWP executive on the Universal Credit programme.]

“Indeed, the Tribunal noted, as it was entitled to, that Ms Cox did not suggest that frank discussion had been inhibited in any way by a third party’s revelation of the ‘Starting Gate Review’.”

In conclusion the judge says:

“I therefore refuse permission [for the DWP] to appeal to the Upper Tribunal.”

The DWP’s lawyers asked the upper tribunal for a stay, or suspension, of the first-tier tribunal’s ruling that the four reports be published. This the judge granted temporarily.  The lawyers also asked for a private hearing, which the judge did not decide on.

DWP too secretive?

John Slater, who has 25 years experience working in IT and programme and project management, requested three of the four reports in question under the FOI Act in 2012. He asked for the UC issues register, high-level milestone schedule and risk register. Also in 2012 I requested a UC project assessment review by the Cabinet Office’s Major Projects Authority.

The Information Commissioner ruled that the DWP should publish three of the reports but not the Risks Register.  In March 2014 the first-tier information tribunal ruled that all four reports should be published.

Excluding these four, the DWP has had 19 separate reports on the progress or otherwise of the Universal Credit programme and has not published any of them.

Work and Pensions minister Lord Freud, told the House of Lords, in a debate on Universal Credit this week:

“I hope we are as transparent as we can be.”

What happens now?

Slater says that as the DWP has been refused permission to appeal it will probably ask for an oral hearing before the upper tribunal. This would mean that the DWP would get a second chance to gets its point across directly in front of the Upper Tribunal rather than just on paper, as it has just tried, says Slater. There is no guarantee that the DWP would be granted an oral hearing.

Comment

If all was going well with the DWP’s largest projects its lawyers could argue, with some credibility, that the “safe space” civil servants need to produce reports on the progress or otherwise of major schemes is having a useful effect.

In fact the DWP has, with a small number of notable exceptions such as Pension Credit, presided over a series of major IT-based projects that have failed to meet expectations or business objectives, from  “Camelot” in the 1980s to “Operational Strategy” in the 1990s. Universal Credit is arguably the latest project disaster, to judge from the National Audit Office’s 2013 report on the scheme.

The”safe space” the DWP covets doesn’t  appear to work.  Perhaps it’s a lack of firm challenge, external scrutiny and transparency that are having a chilling effect on the department.

Upper Tribunal ruling Universal Credit appeal

My submission to FOI tribunal on universal credit

Judge [first-tier tribunal] refuses DWP leave to appeal ruling on Universal Credit reports – April 2014

 

 

 

How well is new passport IT coping with high demand?

By T0ny Collins

In 1989 when the Passport Agency introduced new systems avoidable chaos ensued. A decade later, in 1999, officials introduced a new passport system and avoidable chaos ensued. Jack Straw, the then Home Secretary, apologised to the House of Commons.

Last year HM Passport Office introduced, after delays,  a replacement passport system, the Application Management System. It was built with the help of the Passport Office’s main IT supplier CSC under a 10-year £385m contract awarded in 2009.

The Passport Office said at the time the new system was designed “to be easier to use and enable cases to be examined more efficiently”. So how well is the system coping with unusually high demand, given that an objective was to help passport staff deal with applications more efficiently?

The answer is that we don’t know: open government has yet to reach HM Passport Office. It publishes no regular updates on how well it is performing, how many passports it is processing each month or how long it is taking on average to process them. It has published no information on the performance of the Application Management System or how much it has cost.

All we know is that the system was due to be rolled out in 2012 but concerns about how well it would perform after go-live led to the roll-out being delayed a year. In the past 18 months it has been fully rolled out.

Comment

Has there been a repeat of the IT problems that seriously delayed the processing of applications in 1989 and 1999? In both years, passport officials had inadequate contingency arrangements to cope with a surge in demand, according to National Audit Office reports.

Clearly the same thing has happened for a third time: there have been inadequate contingency arrangements to cope with an unexpectedly high surge in demand.

How is it the passport office can repeatedly build up excessive backlogs without telling anyone? One answer is that there is a structural secrecy about internal performance.

Despite attempts by Francis Maude and the Cabinet Office to make departments and agencies more open about their performance, the Passport Office is more secretive than ever.

It appears that even the Home Secretary Theresa May was kept in the dark about the latest backlogs.  She gave reassuring statistics to the House of Commons about passport applications being processed on time – and only days later conceded there were backlogs.

It’s a familiar story: administrative problems in a government agency are denied until the truth can be hidden no longer because of the number of constituents who are contacting their MPs.

David Cameron said this week that up to 30,000 passport applications may be delayed.

One man who contacted the BBC said he had applied for a passport 7 weeks before he was due to travel. The passport office website said he should get a new passport in 3 weeks. When it had not arrived after 6 weeks he called the passport office and was told he’d be called back within 48 hours. He wasn’t, so he called again and was told the same thing. In the end he lost his holiday.

In 1989 the IT-related disaster was avoidable because managers continued a roll-out even though tests at the Glasgow office had shown it was taking longer to process passport applications on computers than clerically. Backlogs built up and deteriorating relations with staff culminated in industrial action

In 1999 electronic scanning of passport applications and added security checks imposed by the new systems caused delays and lowered productivity.  Even so a national roll-out continued. Contingency plans were inadequate, said the National Audit Office.

Does the “new” Application Management System show down processing of applications? We don’t know. The Passport Office is keeping its 2014 statistics to itself.

Decades of observing failures in government administration have taught me that chaos always seems to take officialdom by surprise.

If departments and agencies had to account publicly for their performance on a monthly and not just an annual basis, the public, MPs, ministers and officials themselves, would know when chaos is looming. But openness won’t happen unless the culture of the Passport Office changes.

For the time being its preoccupation seems to be finding whoever published photos of masses of files of passport applications seemingly awaiting processing.

The taking and publication of the photos seems to be regarded as a greater crime than the backlogs themselves.  To discourage such leaks the Passport Office has sent a threatening letter to staff.

But innocuous leaks are an essential part of the democratic process. They help ministers find out what’s going on in their departments and agencies.  Has government administration really come to this?