Dear all Had a letter from the European Commission this morning concerning the message that you can see below. I wrote to <@cec.eu.int> in Brussels to ask about why it wasn't necessary for the NHS to conform to Euro Law. The letter which was a reply to my request arrived today. They explain that they wrote to "The United Kingdom authorities". The answer that came back from the UK auth suggests that I am in fact completely in the wrong about raising questions about why the NHS is spending massive amounts of money in propieratery software. I am almost being told by a civil servant or a legal adviser to the UK Government that I am not allowed to question the spending of tax payers money on procurement of unnecessary software. Almost but not quite. Since the NHS didn't bother to advertise the fact that they were purchasing the software in the appropriate EU journal then they are in breech of EU law and have in fact broken their own and EU regulations. To quote some of the latter parts of the two page letter from the EU Internal Market DG... " Award of contract by Department of Health to Microsoft Limited - The Enterprise Agreement The UK authorities have explained that when purchases are made by NHS bodies of Microsoft software governed by the Enterprise Agreement licencing arrangements, these would be made through the G-CAT 2 framework agreement. Under the G-CAT 2 framework agreement, there are five resellers offering Microsoft products, as well as those of other manufacturers, who are also authorised as resellers under the Enterprise Agreement. The United Kingdom authorities have confirmed that the G-CAT 2 framework agreement was completed in accordance with Directive 93/36/EEC on the award of public supply contracts. On the basis of information available, the procurement of Microsofts products would therefore appear to be in conformity with Community public procurement law. The UK authorities have confirmed that these was no call for competition in respect of the Enterprise Agreement. However since this agreement simply covers the manufacturer's licence to use goods in circumstances where the procurement of those goods takes place pursuant to a properly advertised and lawful framework agreement, there does not appear to be any infringement of Community public procurement law. For the above reasons, the Commission services will propose to close this file unless you are able to provide new substantive information within one month from the date of this letter - 06.09.02" So, what has happened is that a large amount of tax payers money which could have paid for the training of a large number of doctors and nurses has been rubber stamped into a private individuals back pocket. When a private individual like myself has raised a question over this I have been covered up by my own legal people and Government officers without me asking them to do it to me. The fact is - whether I am able to provide proof or not - that the NHS did not bother to advertise in the appropriate EU journal in the way that they are supposed to when a contract is put out to buy in new software. As such they have broken EU law. I am being told to shut up and go away by Whitehall. Previous correspondence on this issue shown below... On Monday 10 December 2001 09:34, Alan Harris wrote:
Hi all
thought this might be of interest to some of you :-
<my email>
Subject: Microsoft and the British Government - Possible Anti-Competitive Behaviour Date: Wed, 5 Dec 2001 15:04:20 +0100 From: alanh@bryngwyn.carmarthen.sch.uk To: Erkki.Liikanen@cec.eu.int
Hi,
I write regarding the current negotiations between the British Government and Microsoft in which, to date, Microsoft have been awarded a contract to supply the National Health Service with some 60 Million (£)'s worth of software licenses.
I would be grateful if you could inform me of the current state of the anti-competition investigation being undertaken by the EU against Microsoft, as it appears that more such deals (like that for the NHS) are in the pipeline. As the commissioner with responsibility for the Information Society I am sure that you are well aware of the potential for damage being created by such actions.
Many Thanks
Alan
<commisioners response>
Subject: RE: Microsoft and the British Government - Possible Anti-Competit ive Behaviour Date: Sun, 9 Dec 2001 14:08:31 +0100 From: Erkki.Liikanen@cec.eu.int To: alanh@bryngwyn.carmarthen.sch.uk CC: Mario.Monti@cec.eu.int, Marc.Van-Hoof@cec.eu.int, Olli.Rehn@cec.eu.int, Per.Haugaard@cec.eu.int
Dear. Mr. Harris,
I pass your letter to my colleague Mario Monti and his cabinet. He is responsible for this issue. But still, during investigation I don't believe much more can be said what has been in public.
with best regards
Erkki Liikanen
******************************** Mr. Erkki Liikanen Member of the Commission tel. +32-2-295.79.57 fax +32-2-295.85.61 erkki.liikanen@cec.eu.int secretary; kirsi.larjava@cec.eu.int tel. +32-2-295.14.40 http://europa.eu.int/comm/commissioners/liikanen/index_en.htm
There may be hope for all of us then?
Alan
----------------------------------------------------- Alan Harris Network Manager Bryngwyn School
Tel : 01554 750661 Fax : 01554 758255 E-mail: alanh@bryngwyn.carmarthen.sch.uk
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Notes:
1. The contents of this email may be snooped on by interested government parties for unknown purposes! Regulation of Investigatory Powers Act, 2000.
2. The opinions expressed in this email are personal and may not be shared by Bryngwyn School.
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Richard www.sheflug.co.uk