Covid inquiry evidence on Mone-linked PPE firm to be heard in closed session
Inquiry chairwoman Baroness Hallett ruled there would be a risk of harm or damage to any possible criminal trial relating to the firm.
Evidence relating to the PPE firm linked to Baroness Michelle Mone and her husband will be heard in a private, closed session of the Covid-19 inquiry, the chairwoman has ruled.
Baroness Heather Hallett concluded there would be a risk of prejudice to potential criminal proceedings if “sensitive evidence” is heard in public, with the inquiry set to begin four weeks of scrutiny of decisions to purchase personal protective equipment on March 3.
Tory peer Lady Mone, 52, and her husband Doug Barrowman, 59, have faced controversy over the so-called “VIP lane” contracts granted to some suppliers during the coronavirus pandemic.
PPE Medpro, a consortium led by Mr Barrowman, was awarded Government contracts worth more than £200 million to supply personal protective equipment after Lady Mone recommended it to ministers.
The National Crime Agency (NCA) launched an investigation into the firm in May 2021 over suspected criminal offences committed in the procurement process.
In its submission, the NCA said there was a “realistic possibility that criminal charges against one or more individuals will flow from the investigation”.
The agency initially sought to prevent the inquiry hearing any evidence about the company, later requesting that 26 witness statements collected by its staff be withheld.
It also argued for an order to be imposed which would prevent certain questions about PPE Medpro to be asked in a public session of the inquiry.
The NCA said the restrictions should include the identity of any person under investigation and evidence relating to the opinion of government officials concerning the company’s contracts.
The agency also called for restrictions to cover evidence of payments to the firm and who potentially benefited from them.
However, victims’ groups and media outlets argued that the dangers of prejudicing criminal proceedings were overstated because of the early stage of the police investigation and the scope of information already in the public domain.
The Department of Health and Social Care (DHSC) also asked for the terms of any restriction order to be broadened to include any “financial material and correspondence” relating to the purchase of PPE from the company.
However, the DHSC request was rejected by the inquiry chairwoman.
The NCA in June 2024 said that an unnamed 46-year-old man from Barnet, north London, had been arrested as part of its investigation. No criminal charges have been brought.
In her ruling, Lady Hallett said it was “imperative that all relevant evidence” is considered by the inquiry to establish “the fullest picture possible” of the response to the pandemic and make recommendations.
She added that only the inquiry is “properly in a position to decide” on which contracts are considered, adding she was “satisfied it is both necessary and proportionate to investigate” the Medpro contracts with the government.
Lady Hallett, who read the “closed” evidence provided by the NCA, said: “There is clearly sensitive material obtained by the inquiry in its Module 5 investigation into Medpro which is not in the public domain and to publish it would, in my view, aggravate rather than ameliorate the risk of harm or damage to any possible criminal trial.
“I have considered the request which DHSC makes to widen the scope of any order but, given the expertise of the NCA as to the risk to its investigation, am satisfied that it is appropriately drawn and focused on the criminal investigation.”
The ruling means any sensitive evidence about the company will be heard in a private, closed hearing which is expected to be held in late March.
Lady Hallett said she would impose a time limit on how long proceedings remain closed to achieve a balance between “open justice and limiting the risks identified by the NCA”.
The restrictions allow for representatives of five media organisations to be invited to attend. They will be unable to report on the proceedings until the conclusion of any criminal case, including possible appeals.
An NCA spokesperson said the PPE investigation remains a priority for the agency, adding in “serious economic crime investigations these lines of inquiry can be incredibly complex”.
They added: “The NCA has provided evidence in support of the inquiry’s Module 5 investigation, parts of which will be heard in closed proceedings in order to protect the integrity of the NCA’s ongoing investigation and any future proceedings.”
