SNP FACES LEGAL THREAT OVER FERRIES FARCE
Firm which lost out on £97m ships deal set to sue Government after damning investigation claimed the contract was ‘rigged’
THE SNP faces a multimillion-pound legal threat after claims a Scottish Government contract to build two ferries was rigged.
A Polish shipbuilding firm which lost out on the £97 million deal is considering court action after its lawyers said the decision to award the contract to Ferguson’s Shipyard on the Clyde ‘might have been fraught with irregularities’.
Gdansk-based Remontowa – which previously built three CalMac ferries – believes it may have been a victim of illegal bias as the Port Glasgow yard was owned at the time by independence supporting businessman JimMc Coll.
It means the Government – already under fire for the ferries being £150 million over budget and five years late – could be sued for millions in compensation by the Polish yard.
Scottish Conservative leader Douglas Ross, who has called for a police probe into the latest claims, warned that if the allegations are upheld, it could raise the humiliating prospect of the original contract being rendered ‘ineffective’.
The shocking new development comes after a
hard-hitting TV documentary last week revealed the 2014 tendering process may have been rigged as Ferguson benefited from preferential treatment and won the bid despite failing to meet key criteria.
Last night a spokesman for Remontowa said: ‘We are investigating the matter. Our legal team realises the tender might have been fraught with irregularities.
‘Much depends on whether the irregularities made public are confirmed. At the moment, our lawyers are analysing the situation to consider possible formal steps, but no binding decisions have yet been taken.
‘We must carefully weigh up the pros and cons. This is a very serious matter and so will be the decision that must be taken at the highest level in our group.’
Scottish Government-owned ferries agency Caledonian Maritime Assets Limited (CMAL) has defended the procurement and said an audit in 2018 found ‘no adverse issues’.
But the documentary by BBC Disclosure showed Ferguson was given a 424-page document setting out CalMac’s technical requirements, while other bidders had to rely on a more limited 125-page specification.
A key section of its bid was mostly cut and pasted from the longer document. A CalMac naval architect found the Remontowa design best matched the ferry operator’s requirements, with Ferguson ranked second, only to be later overruled.
The Scots shipyard was allowed to alter its design halfson way through the tender process which allowed it to reduce its price by nearly £10 million, making it more competitive.
Assessors from CMAL also held a ‘confidential’ meeting with Ferguson, the only bidder to receive such an in-person meeting.
Finally, the documentary said CMAL may have broken its own rules by allowing Ferguto go ahead with its bid despite being unable to provide evidence of a builders’ refund guarantee, a mandatory financial safeguard.
Such a guarantee would have protected the Scottish Government – and taxpayers – from delays and overspend. Last week, in the wake of the claims, Scotland’s Auditor General began investigating the decisions that led to Ferguson winning the contract in 2015 for the ferries – known as hull 802 and the Glen Sannox.
At Holyrood on Thursday, Mr Ross told MSPs the scandal now resembled ‘corporate fraud’ and had a ‘stench of political corruption’.
Speaking last night, he added: ‘The SNP’s deal in awarding Ferguson’s this contract was clearly rigged.
‘Their cover-up and secrecy surrounding the deal could now land taxpayers with an even greater bill, if this legal action comes to pass. We know from the SNP’s embarrassing attempt to redact crucial documents that could in fact still be read, that a legal challenge like this could even render the contract ineffective.
‘At the heart of this SNP scandal are our island communities who rely on these lifeline ferries and have been let down at every turn.
‘The stench of corruption surrounding this SNP deal grows ever stronger and we still don’t have any ferries that float.
‘Taxpayers are paying the price for this fiasco and it is time ministers, including Nicola Sturgeon herself accepted responsibility for their catastrophic errors.’
Last week at Holyrood, Ms Sturgeon stressed to MSPs she had not seen any evidence of criminality in the procurement and construction of the ferries, but insisted coming to that conclusion was ‘not my job’.
Her comments came as it was announced, in a further blow to islanders on Arran and Uig waiting for the new ferries, that one of the ships has been further delayed until 2024 despite being expected to enter service between October and December next year.
‘Taxpayers now face an even greater bill’