Andrew Parker on the feasibility of Government’s Grenfell Debarment Plans in Construction News
Last week, Angela Rayner announced plans for the Government to utilise the Procurement Act to debar seven firms associated with the Grenfell fire from public work. However, with the Act only having just come into force last week, questions are being raised as to how this can be done without reforming such new legislation.
Schedule six of the Act is the point in question, detailing a cut-off for disregarding events occurring “before the five-year period ending with the date on which the determination is made” when considering supplier exclusions. With the Grenfell fire having occurred in June 2017, it would (according to the Act), be outside the five year period and so would be disregarded as an event to be taken into account.
Speaking to Construction News, Andrew Parker, Head of Construction Disputes and Building Safety, agrees that it is “unclear” how the Act would be implemented but offered the following thought:
“One answer might lie in the interpretation of ‘events’ in the legislation,” and the five-year time limit could be applied such that “the clock only starts to run from the date of a decision or conviction against a company, or perhaps even the publication of the Grenfell Reports themselves”.
Read the full article in Construction News here.
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