The Procurement Act 2023: The Role of The New Debarment and Exclusions Regime in Regulating Construction Products - 39 Essex Chambers

The coming into force of the Procurement Act 2023, on 24 February 2025, saw the introduction of the new debarment and exclusions regime.

Following the Grenfell Tower fire and the subsequent Grenfell Tower Inquiry report and recommendations, the regulation of construction products, and their safety in the built environment, came under increased scrutiny.

The new comprehensive debarment regime is intended to play an important role in the regulation of construction products, potentially resulting in suppliers being excluded or debarred from bidding for public contracts on a number of mandatory and discretionary grounds, including but not limited to:

1. serious criminal offences
2. breach of contract
3. poor performance of a public contract (to the extent published by another contracting authority), and
4. professional misconduct that brings the supplier’s integrity into question (including dishonesty, impropriety, or a serious breach of ethical or professional standards, irrespective of whether those standards are mandatory or guidance only).

On 26 February 2025, the Cabinet Office made statements in both houses of Parliament that it intended to investigate a number of organisations criticised by the Grenfell Tower Inquiry, with a view to making debarment decisions under the new Act. However, those investigations were subsequently paused at the request of the Metropolitan Police Service and the Crown Prosecution Service, for fear of prejudicing the ongoing criminal investigation.

A year on from the introduction of the new regime, there are still significant unknowns about how the regime – and its impact on the provision and regulation of construction products – will operate. Join Kate Grange KC, Parishil Patel KC, Scarlett Milligan and their guest Nicola Cullen (a procurement specialist at Capital Law) for a panel event exploring the functioning of the debarment regime, the Government’s response to the Grenfell Tower Inquiry’s recommendations concerning construction products, whether investigations by the Cabinet Office under the Act’s new powers are likely to be a prompt and effective solution to safety concerns, and how to bring or respond to challenges to exclusion and debarment decisions.

Date and time 

Wednesday 25 March 2026
Registration, 5pm
Seminar, 5.30pm – 6.30pm

Venue 

39 Essex Chambers, 81 Chancery Lane, WC2A 1DD