Sue Arrowsmith publishes Working Paper on exclusion (debarment) from public procurement after Brexit

The subject of exclusion (debarment) in public procurement is coming increasingly to the fore, in particular in the area of anti-corruption policy but also in the context of promoting social and environmental goals. The current initiative to reform public procurement in the UK after Brexit raises the question of how to deal with exclusions in the UK legal system. This area has received little attention in the past but Brexit now offers both more legal flexibility to develop effective policies and a political opportunity to give the issue proper consideration. 

Against this background, and to inform and stimulate the debate on reform, Professor Sue Arrowsmith’s new Working Paper identifies and examines the key issues to consider in regulating exclusions, and makes some preliminary recommendations.  

The paper argues, in particular, that there is a strong argument for a much more centralised approach to exclusions. A centralised approach, if properly operated and resourced, can reduce the need for trade-offs between effectiveness of exclusions, effective and rapid procurement, and protection of supplier interests; help ensure that the weight given to the exclusion policy at central level is implemented at the entity level; enhance effectiveness from a concrete rather than purely “value-signalling” perspective; and benefit not just public procurement, but also the criminal justice system, through enhanced detection and investigation of integrity crimes.