WESTMINSTER’s Treasury Committee has asked His Majesty’s Treasury, and all associated agencies and public bodies, to send them details of any contracts awarded by their organisation to Fujitsu Services Ltd, or any other Fujitsu Global-owned entities, since 2019.
The international technology corporation has faced renewed questions over its role in the Post Office Horizon Scandal in recent weeks.
The Committee aims to understand the extent to which the company has continued to be awarded government contracts with HM Treasury-affiliated organisations since the High Court ruling in 2019.
Questions include whether the contracts went through a tendering process, the extent to which the company’s role in the scandal was considered as part of the due diligence process and whether they have considered terminating contracts with the company at any stage.
Treasury Committee Chair, Harriett Baldwin, said: “The public outcry regarding the Post Office sub-postmaster scandal is entirely justified, and I know I speak for the whole Committee when I express my horror at the injustices the victims faced.
“It’s clear that Fujitsu has questions to answer over its conduct. I think it’s important we can see the extent to which taxpayer money has been spent with Fujitsu since the High Court ruling as they are simultaneously assessed on their fitness to remain a government supplier.”
A new parliamentary inquiry examining Scotland’s Commissioner ‘landscape’ has been announced.
Holyrood’s Finance and Public Administration Committee will investigate whether a more “coherent and strategic approach” is needed for the creation of any further commissioners.
Scotland currently has seven commissioners directly responsible to Parliament. An eighth – the Patients Safety Commissioner – was agreed by Parliament in September 2023.
A further six commissioners have been proposed, or are being considered, that could potentially bring the total number to 14 by the end of this five-year session of Parliament.
Finance and Public Administration Committee Convener Kenneth Gibson said: “Seven commissioners cost £16.6m, according to budget figures for 2023/24. Each office comes with its own staff and its own running costs.
“The smallest cost £0.3m and the largest £6.7m. More are being proposed, or considered, by both the government and by backbench MSPs.
“Our committee believes this inquiry is both timely and necessary.
“The Scottish Government has already stated there is very little published research on commissioners in Scotland – or the UK – and little evaluation exploring their pros and cons, powers or ways of working.
“Our committee will therefore investigate whether a more coherent and strategic approach is needed for the creation of such commissioners in Scotland.”
The committee will launch a call for views in January. Oral evidence will be taken in March / April. The committee’s report is expected to be published in May / June 2024.
There have been reports in the media that some buildings in the NHS Estate across Scotland may have been constructed using Reinforced Autoclaved Aerated Concrete (RAAC). This material, which was widely in use between 1960 and 1980, was used mainly for components such as roof and floor planks. It is known to be weaker than other forms of concrete and its use was phased out in the 1990’s.
Work is underway at a national level to check and risk assess all NHS buildings which may potentially contain RAAC.
As part of that work, NHS Lothian has identified those candidate buildings in our Estate and supplied the information to NHS Scotland Assure. We have identified the following buildings as requiring investigation:
• Bonnyrigg Health Centre
• Lauriston Building
• Princess Alexandra Eye Pavilion
• Royal Edinburgh Hospital – Cullen/River Centre Extension
• Royal Edinburgh Hospital – Link Corridor/X-Ray
• Stoneyburn Health Centre
• Tranent Medical Practice
• Western General Hospital – Gas Store
It is worth noting that the risk assessment that took place by NHS Scotland Assure was based on a desktop exercise and does not confirm the presence of RAAC within our buildings.
The next stage of the process will be for discovery surveys to be undertaken by an independent contractor appointed by NHS Assure to confirm or rule out the presence of RAAC within our buildings. This is a national process and the surveys are scheduled to be carried out in Lothian in the Autumn.
The output of these surveys will provide further information on any recommended remedial actions. This work is precautionary and not the result of any known issues in any of our buildings.
The Charity Commission has opened a statutory inquiry into the Have A Heart Foundation
The regulator of charities has launched an inquiry into the Have A Heart Foundation over serious concerns about its financial management.
The charity was set up in 2013 to raise awareness of and support patients with heart disease. It is based in Cheshire.
Despite engagement and guidance from the Commission, the trustees have failed to file any of the charity’s accounts since 2019.
The Commission is also concerned about the trustees’ financial record-keeping more widely, and the level of charitable expenditure.
It therefore escalated its engagement with the charity to an inquiry on 17 April 2023.
The inquiry will examine:
the trustees’ failure to comply with their statutory reporting duties including the timely submission of the charity’s accounts and annual returns to the Commission
the extent to which the trustees are complying with their legal duties in respect of their administration, governance and management of the charity, including compliance with the charity’s governing document and whether the charity is operating in line with its objects
whether potential conflicts of interest and connected party transactions have been properly managed
whether there has been any unauthorised trustee benefit
The Commission may extend the scope of the inquiry if additional regulatory issues emerge.
It is the Commission’s normal policy, after it has concluded an inquiry, to publish a report detailing the issues examined, any action taken, and the inquiry’s outcomes.
The Charity Commission has published a report of its long-running inquiry into Watch Tower Bible and Tract Society of Britain.
The inquiry opened in May 2014 to investigate the charity’s handling and oversight of safeguarding matters, including child protection advice provided to individual Jehovah’s Witness (JW) congregations.
This followed significant interaction between the Commission and the charity since October 2007, concerning the way in which safeguarding incidents or failures were handled within JW organisations and, specifically, the adequacy of the guidance that the charity provided to various JW congregations.
JW organisations reported to the Independent Inquiry into Child Sexual Abuse (‘IICSA’) that a total of 67 allegations of child abuse were made between 2009 and 2019 against 67 individuals involved in JW congregations, whether as Elders, ministerial servants or otherwise.
During the course of the Commission’s interaction with the charity from 2007 onwards, including during the period of the inquiry, JW congregations have revised and updated their safeguarding policies on several occasions, and the Commission remains engaged with JW congregations on safeguarding matters through its ongoing interaction with the Kingdom Hall Trust (see below).
One key issue which emerged during the inquiry was the extent to which the charity itself remained responsible for ensuring children and vulnerable people are safe from harm within JW congregations.
Notwithstanding the charity having had an historic role in interacting with the Commission over JW safeguarding, the Commission’s report concludes that Watch Tower is no longer the body responsible for safeguarding within JW congregations, and therefore the inquiry can be closed.
It is the Commission’s view that following the merger of Kingdom Hall congregation charities with the Kingdom Hall Trust in March 2022 (‘KHT’) that KHT is now the body responsible for safeguarding congregation members. The Commission has opened a compliance case to work with KHT’s trustees to ensure that the safeguarding policies, guidance, and procedures of KHT provide a safe environment for beneficiaries within all JW congregations.
The Commission’s report is critical of the charity’s trustees’ conduct during the inquiry, expressing the view that on occasions the trustees were “not as straightforward or transparent as they should have been” in relation to JW child safeguarding responsibilities, and that during certain phases of the investigation, “the trustees’ communications were protracted, with the charity’s responses often failing to provide the information requested or sufficient clarity to satisfy the inquiry, giving rise to further questions.”
The inquiry noted that there was insufficient evidence to conclude that these behaviours were deliberate attempts to obstruct the inquiry.
The report also details that legal challenges brought by the charity, which sought to challenge some of the regulator’s decisions and orders, which partly explain the significant delays to the inquiry.
Helen Stephenson, chief executive of the Charity Commission said: We are clear that a charity must be a safe, trusted environment and that protecting people and safeguarding should be a governance priority for all charities, regardless of size, type or income.
“I am pleased that this long-running inquiry, which demonstrates the Commission’s resolve and determination to ensure that safeguarding policy issues are addressed comprehensively by charities, has now concluded.
“Our continuing regulatory compliance case involving the Kingdom Hall Trust aims to ensure that the KHT’s safeguarding policies and procedures protect congregation members and those that come into contact with KHT.”
Timeline of significant developments prior to, and during inquiry
2007
Commission opens statutory inquiry into the London Mill Hill Congregation of Jehovah’s Witnesses after an Elder was convicted for historic sexual offences. The Commission’s inquiry into the London Mill Hill Congregation finds that it did not have a child protection policy.
One of the outcomes from the Commission’s inquiry into the London Mill Hill Congregation is that the Watch Tower Bible and Tract Society of Britain agrees to develop a child protection policy which would be disseminated to all JW congregations.
2010
In May 2010, the Commission seeks advice on the draft policy from the National Society for the Prevention of Cruelty to Children (‘NSPCC’).
A summary of the NSPCC’s findings is supplied to the charity. The charity also seeks its own advice from a safeguarding consultancy.
In finalising the policy, the charity chooses not to adopt all of the NSPCC’s recommendations.
2011
Watch Tower distributes child protection policy which all Elders of JW congregations are expected to adhere to.
2013
Following the conviction of a former ministerial servant of a JW congregation charity, Charity Commission writes to Watch Tower to raise concerns about the policy and its implementation.
Commission seeks advice from NSPCC, which finds the policy to be at odds with UK legislation and guidance.
The charity updates and recirculates the policy.
2014
March: Commission meets with the charity, to raise its concerns about the revised policy, which does not address concerns raised by NSPCC. The trustees do not clearly set out that Watch Tower is no longer responsible for drafting and disseminating the policy, nor do they state which organisation is now responsible for this.
May: Charity Commission opens statutory inquiry.
August: Watch Tower challenges decision to open inquiry and legal orders requiring the charity to submit information to the Commission, beginning a period of several years during which the work of the inquiry is constrained.
2016
December: Supreme Court refuses the Watch Tower permission to appeal a decision of the Court of Appeal dismissing the appeal against the Commission’s investigation.
2019
September: Charity Commission informs Watch Tower that it had commissioned the Ineqe Safeguarding Group to undertake independent review of JW’s child safeguarding policies and procedures.
December: Ineqe’s report is provided to Watch Tower, ahead of planned meeting to discuss the findings. The charity cancels the meeting asking to provide a formal response to the independent report.
2020
January: Charity provides inquiry with written opinion from its safeguarding expert, which states that the Ineqe report was out of date. Watch Tower demands the inquiry is terminated, claiming the grounds for the inquiry no longer exist.
June: After careful consideration, the Commission refuses the request to close the inquiry.
July: Charity instigates Judicial Review procedures against the Commission’s refusal to conclude the inquiry and in respect of disclosure.
2021
Trustees’ cooperation with inquiry improves following permission from the High Court for Watch Tower to bring Judicial Review procedures against the Commission.
2023
Commission concludes that Watch Tower is not the organisation that is currently directly responsible for the safety of JW beneficiaries.
Investigations are being carried out at the Western General Hospital following detection of Legionella bacteria in water supplying parts of the radiotherapy treatment area.
The source has been isolated and there have been no cases of infection in patients or staff. The type of Legionella detected does not usually cause infection in humans.
In line with national guidance, a thorough programme of disinfection and cleaning is being carried out and services temporarily relocated to minimise any potential risk.
Essential patient services are continuing to be provided in other areas of the building.
Two specialist radiotherapy treatment machines (Linacs) have been temporarily closed while remedial works continue. Patients who are normally treated on these Linacs will be reallocated to one of the other five treatment machines at the Western General Hospital which are not affected.
The remaining radiotherapy machines will be run for extended hours to ensure patient appointments continue to be allocated and carried out as quickly as possible.
Alison MacDonald, Nurse Director, NHS Lothian said: “Legionella bacteria was detected during routine water sampling as part of our building monitoring and hygiene vigilance measures.”
“The risk to patients and staff is low but we’ve enhanced infection and control measures across the building as a precaution.
“We assure patients that radiotherapy treatments will continue to be carried out as quickly as possible and apologise to anyone who has been affected or had their appointment rescheduled.”
The situation is being closely monitored and continuously assessed. Patients will be kept informed of any changes and should speak to their treatment team if they have any concerns.
A little piece of local history was made on Monday night (13 March), when the first tram in over 65 years ran down Leith Walk, as the Trams to Newhaven project nears completion.
Ahead of the route opening for service in spring 2023, a period of testing and commissioning is required to ensure the newly constructed line, software and signals work effectively and safely.
On Monday, the first stage of testing began, which involves trams travelling at walking pace along small sections of the route, starting at Picardy Place. This will continue through the week, taking place during the night to minimise traffic disruption.
Once the first stage is completed, the frequency and speed of tram testing will increase, and trams will start running to a timetable. Drivers on the route have carried out significant training in the lead-up to testing, including on a state-of-the-art simulator.
People are still being encouraged to take care and be aware of the presence of trams on the route for the first time over the coming weeks.
Councillor Scott Arthur, Transport and Environment Convener, said:“This is a huge milestone for Trams to Newhaven as we see the first trams on Leith Walk in my lifetime.
“We’re fast approaching the start of passenger services this spring, and that the project is set to be delivered on time and within budget, despite the challenges of recent years, is testament to the hard work of all those involved.
“Bringing the tram to Newhaven will be transformative for the area, and the wider city. As well as boosting the economy and providing sustainable, high-capacity public transport to this densely populated part of Edinburgh, the project has significantly improved the entire route, with new cycle links, spaces to relax and spend time and newly planted trees and shrubs.
“As we enter the final phase of the project, testing and commissioning will make sure the line and infrastructure works safely and efficiently, while also confirming service capacity. Of course, this is the first time there will be trams on Leith Walk and in Leith in recent years so I would urge people to take extra care when in the area.”
Lea Harrison, Managing Director of Edinburgh Trams, said: “To see one of our trams running along Leith Walk was a proud moment for us, and this latest milestone in the project will enable us to step up our own preparations for the launch of passenger services to Newhaven.
“This includes real-world driver training on the new section of line following an intense period of familiarisation involving our state-of-the-art tram simulator.”
You could argue that this ‘historic’ event is actually running years late. The line to Newhaven and the Granton Spur were part of the original TIE network plans. The trams fiasco is the subject to a long-running inquiry led by Lord Hardie which is investigating the reasons why ‘the Edinburgh Tram project incurred delays, cost more than originally budgeted and through reductions in scope delivered significantly less than projected.’
The council maintains that the Trams to Newhaven project ‘remains on schedule for completion by spring 2023 and within the £207.3m budget, with all major construction now complete’. A specific date for when the route will be open for passengers will be announced in due course.
As part of the commissioning process every aspect of the new infrastructure will be thoroughly tested to ensure it meets the required safety standards.
There will be some bus diversions around Leith Walk in place overnight during the week commencing 13 March to allow for the testing.
The council warns: ‘Due to industry wide challenges with the availability of materials and skilled labour, impacted by Brexit and the war in Ukraine along with significant demand for labour in the UK and overseas, there are small pockets of public realm works that will now be completed over the coming months.’
Maria Ortega, Sacyr Farrans Neopul (SFN), project director on Trams to Newhaven, said: “As contractors on the Trams to Newhaven project, the Sacyr Farrans Neopul JV team are extremely proud to be achieving this huge milestone.
“We have been working successfully alongside our partners, supply chain and client for over four years to deliver this significant project in Edinburgh, Scotland.
“Despite the challenges of unprecedented times experienced throughout the life cycle of the project, seeing the first tram travelling down the newly completed line as part of the testing and commissioning process will be a memorable moment.
“The testing and commissioning phase will allow the new systems and infrastructure to be integrated into the existing tram network.
“As we reach the final stages of delivering this key piece of infrastructure to the people of the city, we appreciate the public’s continued support during this final technical phase of the project.”
Steven Jackson, Director, Turner & Townsend, said:“As the City of Edinburgh Council’s delivery partner for the Trams to Newhaven project, we’re delighted to have reached this significant milestone with the commencement of the testing and commissioning period, which will see trams travelling the full route.
“Following approval of the project in March 2019, we have worked closely with all members of the project team and third parties through an early contractor involvement period, significant utility diversions, and the install of new infrastructure and systems.
“The complexity of this ambitious project has required the team to tackle and overcome many challenges along the way, but collaboration has been key.
“We look forward to successfully delivering this major transport project in line with the programme set out in the final business case; and the start of the passenger services this Spring.”
The Charity Commission has opened a statutory inquiry into The Captain Tom Foundation, after identifying concerns about the charity’s management, including about the charity’s independence from the family of the late Captain Sir Tom Moore and businesses connected to them.
The Captain Tom Foundation was registered on 5 June 2020, following the fundraising efforts of the late Captain Sir Tom Moore at the outbreak of the COVID pandemic. It is registered as a grant-making charity, for the advancement of public health and wellbeing.
The Commission opened a case into the charity in March 2021. It has now escalated its engagement due to newly identified concerns about arrangements between the charity and a company linked to the Ingram-Moore family, as well as ongoing concerns about the trustees’ decision making and the charity’s governance.
The Commission is concerned that a failure to consider intellectual property and trade mark issues when the charity was established provided Club Nook Limited, a private company controlled by Hannah Ingram-Moore and Colin Ingram-Moore, the opportunity to trade mark variations of the name ‘Captain Tom’ without objection from the charity. This may have generated significant profit for the company.
The inquiry, which opened on 16 June, will examine whether the trustees have:
been responsible for mismanagement and/or misconduct in the administration of the charity and whether, as a result, the charity has suffered any financial losses, including through any unauthorised private benefit to any of the current or previous trustees;
adequately managed conflicts of interest, including with private companies connected to the Ingram-Moore family;
complied with and fulfilled their duties and responsibilities under charity law.
The Commission may extend the scope of the inquiry if additional issues emerge.
Helen Stephenson, CEO of the Charity Commission, said: The late Captain Sir Tom Moore inspired the nation with his courage, tenacity and concern for others. It is vital that public trust in charity is protected, and that people continue to feel confident in supporting good causes.
“We do not take any decision to open an inquiry lightly, but in this case our concerns have mounted. We consider it in the public interest to examine them through a formal investigation, which gives us access to the full range of our protective and enforcement powers.”
Previous Engagement
Prior to the inquiry opening, the Commission engaged with the charity on the following issues:
In March 2021 the charity requested the regulator’s permission to employ Hannah Ingram-Moore, a former trustee, on a salary of £60,000 per year, for 3 days a week. The Commission requested evidence of the benchmarking exercise undertaken.
The charity provided the Commission with this evidence and a revised proposal to appoint Hannah Ingram-Moore on a salary of £100,000 on a full-time basis.
In July 2021 the regulator refused permission to employ Hannah Ingram-Moore as chief executive on a salary of £100,000, considering the proposed salary neither reasonable nor justifiable.
In August 2021 the Commission permitted the charity to appoint Hannah Ingram-Moore as interim CEO on a salary of £85,000 per year, on a 3-month rolling contract, for a maximum of 9 months whilst the trustees conducted an open recruitment process. This period has now ended and the charity has recruited a new CEO.
The Commission’s case had identified potential concerns about payments of consultancy fees and payments to related third parties revealed in the charity’s accounts, published in February 2022.
However, based on the information and evidence provided by the trustees, the Commission was satisfied that these specific payments are reasonable reimbursement for expenses incurred by the companies in the formation of the charity. It is also satisfied that any conflicts of interest in relation to these third-party payments were adequately identified and managed
The £38million raised by the late Captain Sir Tom Moore, and donated to a separate charity, NHS Charities Together, prior to the formation of The Captain Tom Foundation is not part of the scope of this inquiry.
It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and what the outcomes were.
A man who was found fatally injured at Academy Park in Leith has been named as Douglas Forbes. The 78-year-old was discovered around 8.50pm on Thursday (2 December 2021).
Detective Inspector Jonny Wright from Gayfield CID said: “”We are still working to establish how Douglas came to sustain his injuries. We are trying to piece together his last movements, and believe he was in the city centre with friends, prior to being dropped off at Academy Park by a taxi.
“We would like anyone who was out with Douglas on Thursday 2 December, and for the taxi driver who dropped him off, to get in touch with us as soon as possible. This can be done by contacting 101, quoting incident number 3329 of 2 December 2021.”
POLICE UPDATE:
A Police Scotland spokesperson said: “Following the death of 78-year-old Douglas Forbes, at Academy Park in Edinburgh, on Thursday 2 December, Police Scotland can confirm a 69-year old man has been arrested in relation to driving offences.
“He’s been released pending further enquiries and the investigation continues.”
The CMA has opened a formal probe into Amazon and Google over concerns that they have not been doing enough to combat fake reviews on their sites.
In this next phase of the work, the Competititon and Markets Authority (CMA) will gather further information to determine whether these two firms may have broken consumer law by taking insufficient action to protect shoppers from fake reviews.
The move comes after an initial CMA investigation, which opened in May 2020, and assessed several platforms’ internal systems and processes for identifying and dealing with fake reviews.
This work has raised specific concerns such as whether Amazon and Google have been doing enough to:
Detect fake and misleading reviews or suspicious patterns of behaviour. For example, where the same users have reviewed the same range of products or businesses at similar times to each other and there is no connection between those products or businesses – or where the review suggests that the reviewer has received a payment or other incentive to write a positive review.
Investigate and, where necessary, remove promptly fake and misleading reviews from their platforms.
Impose adequate sanctions on reviewers or businesses to deter them and others from posting fake or misleading reviews on their platforms – including those who have published these types of reviews many times.
The CMA is also concerned that Amazon’s systems have been failing adequately to prevent and deter some sellers from manipulating product listings – for example, by co-opting positive reviews from other products.
Fake and misleading reviews have the potential to impact on businesses’ star ratings and how prominently companies and products are displayed to consumers, changing their whole shopping experience.
Andrea Coscelli, the CMA’s Chief Executive, said: “Our worry is that millions of online shoppers could be misled by reading fake reviews and then spending their money based on those recommendations. Equally, it’s simply not fair if some businesses can fake 5-star reviews to give their products or services the most prominence, while law-abiding businesses lose out.
“We are investigating concerns that Amazon and Google have not been doing enough to prevent or remove fake reviews to protect customers and honest businesses. It’s important that these tech platforms take responsibility and we stand ready to take action if we find that they are not doing enough.”
If, after investigating, the CMA considers the firms have broken consumer protection law, it can take enforcement action. This could include securing formal commitments from the firms to change the way they deal with fake reviews or escalating to court action if needed. However, the CMA has not reached a view on whether Amazon and Google have broken the law at this stage.
This latest work builds on action taken by the CMA last year over the trading of fake reviews, which resulted in Facebook, Instagram and eBay removing groups and banning individuals for buying and selling fake reviews on their sites.
The CMA’s investigation into fake reviews is part of a broader programme of CMA work, which includes establishing a new pro-competition regulatory regime for digital markets, to curb the power of big tech. This will be achieved through the Digital Markets Unit. As the CMA works with the Government on proposals, it will continue to use its existing powers to their fullest extent in order to examine and protect competition in these areas.
Rocio Concha, Which? Director of Policy and Advocacy, said: “We have repeatedly exposed fake reviews on websites including Amazon and Google, so this investigation is a positive step. The CMA must now move swiftly towards establishing whether these companies have broken the law.
“This should prompt Amazon and Google to finally take the necessary steps to protect users from the growing tide of fake reviews on their platforms and, if they fail to do so, the regulator must be prepared to take strong enforcement action.
“The government must also give online platforms greater legal responsibility for tackling fake and fraudulent content on their sites – including fake and misleading review activity.”
More information about the CMA’s probe into Amazon and Google can be found on the Online Reviews case page.
