Debarment investigations into seven organisations criticised by the Grenfell Tower Inquiry, relating to their eligibility for public contracts, have been paused to prevent any impact on criminal investigations.
The Metropolitan Police launched a criminal investigation following the Grenfell Tower tragedy on 14 June 2017, with a dedicated team of 180 officers and staff working to identify any offences and those responsible. The Government fully supports the Metropolitan Police in its investigation.
The Grenfell Tower Inquiry’s final report laid bare an appalling catalogue of failures leading up to the fire, and the Prime Minister has made clear that there must be full accountability – including through the criminal justice process.
The Metropolitan Police and Crown Prosecution Service informed the Cabinet Office that continuing the debarment investigations could unintentionally prejudice the criminal investigation and any future criminal proceedings.
To ensure the Metropolitan Police’s criminal investigation and any future proceedings remain the priority, the Cabinet Office has paused its separate, non-criminal debarment investigations at the request of the Crown Prosecution Service and the Metropolitan Police. This decision has been made to safeguard the integrity of the Metropolitan Police’s criminal investigation.
The Chancellor of the Duchy of Lancaster, Pat McFadden, told Parliament of the need to maintain the integrity of criminal proceedings in the pursuit of justice for the Grenfell community. The Deputy Prime Minister is writing to the bereaved, survivors and residents in the immediate community to share this decision and reaffirm the government’s commitment to holding organisations to account.
Investigations into the seven organisations, under new powers of the Procurement Act 2023, were announced immediately after the Act came into force in February.
The Act allows the government to investigate suppliers and, if certain grounds are met, add them to a published debarment list. Public sector organisations covered by the Act must have regard to this list when carrying out new procurements that are covered by the Act’s remit, and can rely on this list to exclude a supplier where appropriate.
When a supplier is added to the debarment list on a mandatory ground, they must be excluded from all procurement activity within scope of the Act, except in very limited circumstances. If an organisation is convicted of a criminal offence that is a mandatory exclusion ground under the Act, this would potentially enable the government to take stronger action.
