The Scotsman

Ferries fiasco: Permanent secretary to look at whether any legal breach

- By CONOR MATCHETT conor.matchett@jpimedia.co.uk

Scotland’s top civil servant has said he will look at whether the failure to record why ministers decided to award a key ferries contract to Ferguson Marine may have broken the law.

John-paul Marks, who replaced Leslie Evans as permanent secretary in January, told MSPS it was “regrettabl­e” the document confirming ministers were happy with the risks associated with the contract did not exist.

Ministers have been under intense pressure to explain why the decision to overrule concerns from ferry infrastruc­ture owners CMAL when awarding the contract to ferguson Marine Engineerin­g Limited (FMEL) was not recorded appropriat­ely, sparking allegation­sthe government may have broken the law.

The contracts for the Glen Sannox and unnamed hull 802 were signed without a full builder’ s refund guarantee, which would have protected the Government from overspends and delays. The ferries are now at least five years late and £150 million over budget.

Scottish Labour MSP Daniel Johnson asked Mr Marks whether there may have been a legal requiremen­t to appropriat­ely record the decision. In response, the permanent secretary responded he would be “happy to take away your last point” to ensure he was “very precise in the legal requiremen­t”.

Mr Marks added: “The decision back in 2015, the submission that went to ministers is on the website. I’ve read it, it sets out the risks, it sets out the mitigation­s and then ultimately a further document follows, which then records that ministers have agreed to award the contract. There is documentat­ion that tracks the decisionma­king process, but I agree with you, it is regrettabl­e.”

Asked whether he agreed there was "something wrong" with the Scottish Government’s approach to transparen­cy following recent scandals and the ruling that ministers must release legal advice around a second independen­ce referendum, Mr Marks said there was “continuous improvemen­t” around informatio­n management within the civil service.

He said he was “assuring himself” the Government’s approach to Freedom of Informatio­n was “robust”.

He said: “In 2021, we handled 4,000 Freedom of Informatio­n requests. That’s 25 per cent more than the year before. You reference the informatio­n commission­er, and when i have worked for over two decades in the civil service, the convention that legal advice is protected for ministers to create that private space for considerat­ion of legal advice is a convention well establishe­d.

"This is not something unique to Scotland that somehow is being done here. This is a convention that is well understood. But we note the informatio­n commission­er’s judgment and will respond ahead of the deadline and ministers are giving it careful considerat­ion.” Mr Marks was appearing in front of the finance and public administra­tion committeea­fter his predecesso­r leslie evans refused to give evidence on her tenure as permanent secretary. Defendingh­er decision to turn down an invitation to give evidence, the new permanent secretary said the responsibi­lity of the office passed to him when Ms Evans retired.

 ?? ?? 0 John-paul Marks, the new permanent secretary, appeared in front of the finance and public administra­tion committee yesterday
0 John-paul Marks, the new permanent secretary, appeared in front of the finance and public administra­tion committee yesterday

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