Select Committee · Public Accounts Committee

Lessons for government: monitoring and responding to companies in distress

Status: Closed Opened: 13 Dec 2023 Closed: 28 May 2024 17 recommendations 10 conclusions 1 report

Direct intervention in the private sector has generally been seen as a last resort by the Government, with private sector companies allowed to fail as part of the efficient working of markets and the economy. The Government’s approach in this area is now changing, with the pandemic, war in Ukraine and the energy crisis all …

Clear

Reports

1 report
Title HC No. Published Items Response
Twentieth Report - Monitoring and responding to companies i… HC 425 13 Mar 2024 27 Responded

Recommendations & Conclusions

17 items
2 Recommendation Twentieth Report - Monitoring and respo… Accepted

Set out how HM Treasury and Cabinet Office will support departments to maintain risk knowledge.

We are concerned that departments are not maintaining institutional knowledge relating to ‘at risk’ companies and sectors. HM Treasury monitors the health and resilience of the corporate sector as a whole and the Department for Business and Trade oversees industry and different priority sectors and has a role in responding …

Government response. The government states it already supports departments through existing mechanisms, including commercial engagement on supplier risk, two-way intelligence sharing, Orange Book guidance, and Cabinet Office commercial teams providing regulation, guidance, and playbooks. Additionally, the DBT recently published a Critical Imports …
HM Treasury
3 Recommendation Twentieth Report - Monitoring and respo… Accepted

Set out how HM Treasury will ensure accounting officers address supplier commercial model risks.

We are not convinced that accounting officers give sufficient consideration to the commercial models of those they contract with, which means they do not understand the potential risks (including supplier failure). HM Treasury suggests accounting officers should produce a formal Accounting Officer Assessment for 6 Monitoring and responding to companies …

Government response. The government states it already ensures Accounting Officers address supplier commercial risks through existing guidance documents like the AO Assessments Guidance, Managing Public Money, the Sourcing Playbook (which includes guidance on supplier failure and contingency planning), and the Orange Book …
HM Treasury
4 Recommendation Twentieth Report - Monitoring and respo… Accepted

Set out HM Treasury support for accounting officers making decisions in company distress situations.

We are concerned that accounting officers may not always be equipped to protect taxpayers’ money when making decisions on intervention in these fast-paced, high-pressure situations. This Committee and previous committees have reported many times over the past two decades on government interventions in financially distressed companies. Prior to 2020, the …

Government response. The government explains it supports Accounting Officers through various existing guidance, playbooks, training, and specialist teams. It also commits to shortly re-issuing information, including the NAO’s good practice guide, to departments and AOs to further highlight guidance for dealing with …
HM Treasury
1 Conclusion Twentieth Report - Monitoring and respo… Accepted

Committee examined evidence from key departments on government's corporate distress monitoring.

On the basis of a report by the Comptroller and Auditor General, we took evidence from HM Treasury (the Treasury), the Department for Business and Trade, the Cabinet Office, and UK Government Investments (UKGI).1

Government response. The government accepts the committee's observation and outlines its Lead Government Department (LGD) approach for emergency planning and risk assessment, noting significant improvements in supplier monitoring since 2018 through the Sourcing Playbook. It details how the Cabinet Office monitors strategic …
HM Treasury
7 Conclusion Twentieth Report - Monitoring and respo… Accepted

Departments have varied approaches to understanding supply chains and informal distress monitoring.

Departments are at different stages and have different approaches to understanding their sectors’ supply chain dependencies and exposure.13 The Treasury told us that individual departments lead on their sectors and it is for each of them to monitor the health of their sectors.14 It explained how information that a particular …

Government response. The government states the recommendation is already implemented, highlighting its Lead Government Department approach, improved supplier monitoring since 2018, the Sourcing Playbook, Cabinet Office monitoring, and published strategies for critical sector supply chain resilience.
HM Treasury
8 Recommendation Twentieth Report - Monitoring and respo… Accepted

Lack of integrated departmental oversight creates blind spots for distressed companies.

Companies and markets can cut across several departments’ policy responsibilities or provide services to multiple departments. This meant that in the cases of Carillion, CF Fertilisers and UKCloud, no single department had a complete picture of the government’s exposure to the company in advance of it becoming distressed.18 We asked …

Government response. The government states the recommendation concerning the lack of a complete cross-departmental picture of exposure to distressed companies is already implemented. It refers to the existing Lead Government Department approach, improved supplier monitoring since Carillion, and Cabinet Office monitoring of …
HM Treasury
9 Recommendation Twentieth Report - Monitoring and respo… Accepted

Mapping multi-tiered public service supply chains presents significant complexity and cost challenges.

The National Audit Office (NAO) reported that the Cabinet Office’s markets, sourcing and suppliers team were in the early stages of exploring how departments map their supply chains, and whether a similar approach could be taken for public service supply chains.22 The Cabinet Office spoke about the example of UKCloud, …

Government response. The government states the recommendation to improve supply chain mapping is already implemented. It describes existing measures such as the Lead Government Department approach, improved supplier monitoring via the ‘Sourcing Playbook’, and Cabinet Office monitoring of strategic suppliers.
HM Treasury
10 Recommendation Twentieth Report - Monitoring and respo… Accepted

Treasury relies on departments for specific sectoral monitoring despite central oversight.

The Treasury told us that some of its staff work on monitoring the health of the UK corporate sector overall, by looking at a series of indicators.25 It told us that actively monitoring the corporate sector is an important and critical part of what the Treasury does centrally. The Department …

Government response. The government states the recommendation on monitoring the UK corporate sector and relying on departments is already implemented. It highlights existing approaches like Lead Government Departments, improved supplier monitoring, Cabinet Office oversight of strategic suppliers, and published strategies for critical …
HM Treasury
11 Recommendation Twentieth Report - Monitoring and respo… Accepted

High civil service turnover undermines corporate knowledge and institutional memory on distress.

The government’s corporate knowledge about the health of key sectors and companies may be vulnerable because of the high turnover of civil servants in this field, who may have 17 Correspondence from HM Treasury to Committee, 30 January 2024 18 C&AG’s Report, para 1.8 19 Q23 20 C&AG’s Report, para …

Government response. The government agrees with the recommendation, stating it is implemented through ongoing actions such as making supplier risk a standing item for engagement, fostering two-way intelligence sharing to retain corporate memory, and requiring departments to escalate risk indicators via their …
HM Treasury
12 Conclusion Twentieth Report - Monitoring and respo… Accepted

Departments have improved sectoral understanding post-pandemic, though construction remains fragile.

We asked the witnesses what lessons they had learned about companies’ resilience across the economy from supporting them during the pandemic. The Treasury told us that it had learned the “importance of departments having a good sectoral understanding, understanding the nature of their sectors and things like the composition of …

Government response. The government states the recommendation is already implemented, citing its existing Lead Government Department approach, improved supplier monitoring since 2018, the Sourcing Playbook, Cabinet Office monitoring of strategic suppliers, and published strategies for supply chain resilience.
HM Treasury
13 Recommendation Twentieth Report - Monitoring and respo… Accepted

Departments underutilise and produce inconsistent Accounting Officer Assessments for public funds.

This Committee has continually advocated for the use of Accounting Officer (AO) Assessments to support high quality decision-making and enhance transparency. The Treasury’s guidance suggests that it is good practice for an AO Assessment to be produced for each significant novel and contentious transaction or proposal involving the use of …

Government response. The government states the recommendation regarding Accounting Officer Assessments is already implemented. It details existing guidance for AOs on considering commercial risks, value for money, and feasibility, as well as the support provided by finance directors and commercial teams.
HM Treasury
14 Conclusion Twentieth Report - Monitoring and respo… Accepted

Government remains vulnerable to provider failure in outsourced public services, despite measures.

For several decades, successive governments have contracted out public services to private providers. Where providers or suppliers fail, the government is often the fall-back owner of risks. This was demonstrated when Carillion failed and the government had to step in to fund a trading liquidation while contracts and services were …

Government response. The government states the recommendation is already implemented, detailing its Lead Government Department approach for emergencies, significantly improved supplier monitoring since Carillion, the Sourcing Playbook, and the Cabinet Office's monitoring of strategic suppliers and critical sector resilience strategies.
HM Treasury
16 Conclusion Twentieth Report - Monitoring and respo… Accepted

Government previously lacked a structured framework for providing financial support to distressed companies.

In 2020, the government set out publicly some broad principles which it uses to underpin decisions on providing last-resort bespoke financial support to financially distressed companies. The government has publicly stated that there is an “extremely high bar for putting taxpayers’ money at risk in this way”.42 The Treasury told …

Government response. The government agrees with the recommendation and aims for a July 2024 implementation. It outlines existing guidance, expert teams (HM Treasury's Special Situations team, UKGI), and departmental responsibilities for managing interventions, committing to shortly re-issue relevant information and the NAO's …
HM Treasury
17 Recommendation Twentieth Report - Monitoring and respo… Accepted

Require departments to rigorously adhere to public money principles for all company interventions.

As with any activity involving public money, a department must adhere to the principles of regularity, feasibility, propriety and value for money set out in the Treasury’s Managing Public Money. A department will likely be required to carry out a formal Accounting Officer Assessment when considering an intervention in a …

Government response. The government states the recommendation to adhere to principles of regularity, feasibility, propriety, and value for money for interventions is already implemented. It outlines existing guidance in Accounting Officer Assessments, Managing Public Money, and the Sourcing Playbook, along with support …
HM Treasury
18 Conclusion Twentieth Report - Monitoring and respo… Accepted

Maintaining propriety during rapid, imperfect decision-making in company distress situations is challenging.

Propriety is concerned with meeting high standards of public conduct and parliamentary expectations, and cannot be dispensed with even when making difficult judgements on competing issues in an emergency.46 Responding in these situations often requires rapid decision-making by officials and ministers, based on imperfect information and a set of unattractive …

Government response. The government agrees with the recommendation, with a target implementation date of July 2024. It outlines existing guidance and expert support available to departments for rapid, proper decision-making in crisis situations, and commits to shortly re-issuing information and the NAO's …
HM Treasury
19 Conclusion Twentieth Report - Monitoring and respo… Accepted

Government employs stringent due diligence and asset security to mitigate moral hazard risks.

We asked the witnesses how they manage the risks of moral hazard (where support for one company creates an incentive for other companies to take risks with the expectation they will also be supported) and free riders (where the company’s incumbent lenders or shareholders may benefit from government support without …

Government response. The government agrees with the recommendation and aims to implement it by July 2024. It details existing guidance, support teams, and practices for managing interventions and protecting taxpayer interests, and commits to shortly re-issuing relevant information and the NAO's good …
HM Treasury
21 Recommendation Twentieth Report - Monitoring and respo… Accepted

Ensure departments possess or access essential specialist skills for company distress interventions throughout their lifecycle.

Departments must have, or be able to access, the skills, expertise and capacity needed through the whole lifecycle of any intervention in a company, including to prepare for and respond to company distress scenarios.56 We have repeatedly highlighted longstanding issues with a lack of specialist skills in the civil service …

Government response. The government agrees to the recommendation and aims to implement it by April 2025. The Cabinet Office Commercial Function will collaborate with other bodies to develop a more targeted approach for building skills in monitoring and responding to companies in …
HM Treasury

Oral evidence sessions

1 session
Date Witnesses
17 Jan 2024 Hannah Gray · UK Government Investments, Jess Glover · HM Treasury, Neil Johnson · Department for Business and Trade, Sir Gareth Rhys Williams CB · Cabinet Office View ↗

Correspondence

2 letters
DateDirectionTitle
6 Feb 2024 Correspondence from Gareth Rhys Williams CB, Government Chief Commercial Office…
6 Feb 2024 Correspondence from Jessica Glover, Director General, Growth and Productivity, …