Front Matter

Author:

Compelling and robust, this book provides an analysis of challenges in public service outsourcing and considers how to avoid failure in the future. Crucially, it proposes a governance mechanism where outsourcing public services nurtures less extractive and more sustainable corporate organizations that are oriented towards a productive purpose beyond maximizing shareholder value, with implications well beyond public services. Under these proposals, supporting firms that are independently and inclusively governed and use profit to pursue purpose can improve both public services and wider economic organisation. The book examines how barriers to implementing this idea within the existing legal framework for public procurement may be addressed, and it formulates actionable policy proposals.

RETHINKING GOVERNANCE IN PUBLIC SERVICE OUTSOURCING

Private Delivery in Sustainable Ownership

Nina Boeger

First published in Great Britain in 2024 by

Bristol University Press

University of Bristol

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© Bristol University Press 2024

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

ISBN 978-1-5292-1284-6 hardcover

ISBN 978-1-5292-1286-0 ePub

ISBN 978-1-5292-1287-7 ePdf

The right of Nina Boeger to be identified as author of this work has been asserted by her in accordance with the Copyright, Designs and Patents Act 1988.

All rights reserved: no part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior permission of Bristol University Press.

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The statements and opinions contained within this publication are solely those of the author and not of the University of Bristol or Bristol University Press. The University of Bristol and Bristol University Press disclaim responsibility for any injury to persons or property resulting from any material published in this publication.

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Front cover image: iStock/mbbirdy

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Printed and bound in Great Britain by CPI Group (UK) Ltd, Croydon, CR0 4YY

Contents

  • Acknowledgements v

  1. Introduction 1

    • A new UK public procurement law 1

    • Aim of the book 10

    • Structure of the book 15

  2. oneOutsourcing Public Services 19
    • Primary objectives 19

    • Secondary objectives 25

  3. twoProblems in Public Service Outsourcing 37
    • Incomplete contracts 37

    • Incumbency 41

    • Issues in corporate governance 50

  4. threeSolutions in Governance 58
    • Contracts 58

    • Markets 66

    • Regulation 75

  5. fourSolutions in Ownership 87
    • Public ownership 87

    • Private ownership 96

  6. fiveSustainable Ownership 109
  7. sixNurturing Sustainable Ownership 141
    • Reversing financialization 141

    • The need to nurture 154

  8. sevenThe Legal Framework 160
    • Policy design 160

    • Reserved contracts 169

    • Quality 174

    • Social value 180

  9. Conclusion 186

Acknowledgements

My grateful thanks, for supporting this book project in various ways, to Albert Sanchez-Graells, Tony Prosser, David Hunter, Andrew Dean, Tonia Novitz, Charlotte Villiers, Donna Tully and Erik Jamieson. And, above all, to Joe, Lucy and Kiara.

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