HM Treasury Overwhelmingly Ignored Public Input on Procurement Bill, Supreme Court Challenge Set for 2026

HM Treasury largely disregarded public submissions on the recent Procurement Bill, now facing a Supreme Court challenge. A senior official even advised civil society groups to oppose the legislation in Parliament.

The recent Procurement Bill, now an Act, faces legal scrutiny over its legislative journey, marked by significant public participation issues within the UK. Public engagement forms a core constitutional expectation in the UK's legislative process, allowing citizens and organizations to contribute to new laws and improve their quality. This mechanism ensures that parliamentary decisions reflect a broader range of perspectives.

During the Bill's development, HM Treasury reviewed only 41 out of 112 public submissions, effectively overlooking 71 pieces of public feedback. This limited consideration occurred despite tight timelines for public input and the introduction of entirely new chapters to the draft legislation after initial submissions were received. Such actions raise questions about the integrity of the process and the respect shown for external contributions.

Concerns about the process extended to internal government circles. A senior HM Treasury official reportedly urged non-governmental organizations (NGOs) to attempt stopping the Procurement Bill in Parliament, even as the department drove its adoption. This suggests a notable disconnect between official departmental advocacy for the Bill and internal awareness of its flaws or the perceived inadequacy of its passage.

The passage of the Procurement Act is now subject to a constitutional challenge, focusing directly on these procedural failures during its enactment, rather than its substantive content. This approach bypasses lengthier substantive legal reviews, allowing direct access to the highest court for procedural oversight. The Supreme Court, the UK's highest judicial body, has scheduled the hearing for this challenge on 18 and 19 May 2026. This direct court access for procedural challenges underscores the judiciary’s critical role in overseeing parliamentary obligations regarding public consultation and the legislative process. All eyes will turn to the Supreme Court in 2026 for a ruling that could redefine standards for public engagement and procedural diligence in UK law-making.