Member

Secondly, on the interpretation of “reasonable steps”, the efficacy of this entire measure hinges on what constitute reasonable steps in the procurement phase and, crucially, during contract management. This phrase is a legal term of art and without precise, actionable and proportionate statutory guidance to which bodies must have regard as part of this statutory instrument. We therefore risk inconsistency. What is reasonable for a local clinical commissioning group in procuring office supplies which are very different goods? What is reasonable for an NHS trust procuring goods such as surgical gloves from a global market? If the guidance is too vague, it will be ineffective; if it is too prescriptive, it will stifle the necessary quick-response procurement. I note that page 24 of the Secondary Legislation Scrutiny Committee’s report states: