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Chamber

Meeting of the Parliament 25 November 2015

25 Nov 2015 · S4 · Meeting of the Parliament
Item of business
Clyde and Hebrides Ferry Services
Stewart, David Lab Highlands and Islands Watch on SPTV

Not now.

We know how the model works: the Tories privatise an asset; Serco bids to manage the asset; it then cuts the service to the bone and posts a handsome profit as a result. Serco operates railways, speed cameras, prisons, immigration detention centres, a young offenders institution and air traffic control.

One investigation into Serco’s past reports on the tragic death of 19-year-old Ben Woollacott, who was employed by Serco as a deckhand on the Woolwich ferry in south-east London. Mr Woollacott died on 3 August 2011 as a result of injuries that he sustained at work, after he was dragged overboard by a mooring rope. In August 2012, the marine accident investigation branch found that Serco’s Woolwich ferries had no safety management system for the standard practice of unmooring the vessel. Other safety shortcomings were evident. On 22 October this year, the inner London crown court ruled that Serco must pay fines and legal fees of £200,000 for the safety failings that contributed to Mr Woollacott’s death.

Serco also bid for national health service contracts in England, and unacceptable practices resulted. For example, in September 2012, Serco was found to have reported inaccurate data 252 times to the Cornwall and Isles of Scilly NHS Primary Care Trust over its performance in providing out-of-hours general practitioner services. The contract for the out-of-hours work has now been awarded to a local GP collective.

More important, in 2014 Serco had to repay nearly £70 million to the UK Government, following a fraud investigation. The question must be asked: is it a fit and proper organisation to run our public services?

Margaret Hodge MP, former chair of Westminster’s powerful Public Accounts Committee, described Serco’s overbilling of the Ministry of Justice’s public service contracts as

“an urgent wake-up call for the government’s disastrous contract management.”

Let us wake up today, before another disaster happens and Serco wins the ferry services contract. If Serco wins next year, it will be paid more than £1 billion by the Scottish Government. How much of that vast sum will be retained by Serco at the expense of passengers and staff?

Some members may say that if the current tender stops immediately, Serco might sue the Scottish Government for its losses. The Scottish Parliament information centre has helpfully provided a link to Transport Scotland’s process overview for contract bidders, which states that the Scottish Government would not be liable for any cost incurred by bidders if it cancels or suspends the contract process. Section 5.4.1 says:

“Transport Scotland may elect to discontinue or suspend the procurement process at any time ... without responsibility or liability to any participant.”

The minister continues to argue that the Government has no choice but to put the ferry services out to tender. He says that it is all the fault of the regulations, which are enforced by faceless European Union bureaucrats. However, independent observers and the trade union movement do not agree that this meek surrender of our national interests is either necessary or desirable. The National Union of Rail, Maritime and Transport Workers has repeatedly stated that, under a long-standing principle called the Teckal exemption, the Scottish Government could exempt CalMac and other ferry contracts from the damaging and unpopular tendering requirement.

In the same item of business

The Deputy Presiding Officer (John Scott) Con
The next item of business is a debate on motion S4M-14942, in the name of David Stewart, on keeping CalMac public. Before we start the debate, I remind membe...
David Stewart (Highlands and Islands) (Lab) Lab
As a lifelong trade unionist, I warmly welcome to the gallery this afternoon officials and members representing CalMac Ferries and beyond. I would ask all me...
Chic Brodie (South Scotland) (SNP) SNP
Will the member take an intervention?
David Stewart Lab
Not now. I will take an intervention from the member later. Let us not forget that CalMac has run the Clyde and Hebrides ferry routes at profit in every yea...
Mike MacKenzie (Highlands and Islands) (SNP) SNP
Will the member take an intervention?
David Stewart Lab
Not now. As the West Highland Free Press said: “Serco is not a shipping company. It is a multi-faceted specialist in outsourcing which exists to exploit th...
Chic Brodie SNP
Will the member take an intervention?
David Stewart Lab
Not now. We know how the model works: the Tories privatise an asset; Serco bids to manage the asset; it then cuts the service to the bone and posts a handso...
Chic Brodie SNP
Will the member take an intervention?
David Stewart Lab
Not at this point. In a parliamentary question in June this year, I asked the transport minister whether he had raised the Teckal exemption with the Europea...
The Minister for Transport and Islands (Derek Mackay) SNP
If David Stewart cared to expand on the answer that I gave him, members would hear that the Teckal exemption is irrelevant because the maritime cabotage regu...
David Stewart Lab
I note what the minister says, and I might have some news for him and the Scottish National Party Government in my speech. Over the summer, I headed to Brus...
The Minister for Transport and Islands (Derek Mackay) SNP
I will begin on a point of consensus. Whatever my disagreement with David Stewart on the legal opinion or on matters of interpretation, and whatever disagree...
Johann Lamont (Glasgow Pollok) (Lab) Lab
The minister says that the Scottish Government wants publicly owned ferry services. Does he think that a private company can deliver a publicly owned service...
Derek Mackay SNP
As a consequence of our designing the tender process, we will continue to own the vessels and to set fares and timetables. In that sense, the services are st...
Sarah Boyack (Lothian) (Lab) Lab
At what point will the minister acknowledge not just Teckal’s existence but the fact that case law and the decisions taken on Teckal have changed the circums...
Derek Mackay SNP
The member knows that it is not practice to share legal advice with others, but a useful exercise over the summer considered the legal advice, and I am afrai...
David Stewart Lab
Will the minister give way?
Derek Mackay SNP
Of course.
David Stewart Lab
I understand the minister’s point, but does he understand that it is in his power today to enforce the 2014 EU procurement directives, which make it easier t...
Derek Mackay SNP
David Stewart keeps on returning to the matter of legal opinion. It is our opinion that we have to undertake the process—there is no escaping it. Within the ...
Alex Johnstone (North East Scotland) (Con) Con
Any student of politics of any duration who looked in on today’s debate would obviously be inspired by the nature of the debate so far—although they might ge...
Johann Lamont Lab
Will the member take an intervention?
Alex Johnstone Con
No, thank you—not at the moment. That affection for CalMac is genuine because so many people who depend on its services know that CalMac is the provider. On...
Sarah Boyack Lab
Will the member take an intervention?
John Finnie (Highlands and Islands) (Ind) Ind
Will the member give way?
Alex Johnstone Con
No, thank you. We must get a handle on the cost of ferry services. We support in principle the notion that the Government advanced of the road equivalent ta...
Derek Mackay SNP
Does the member not accept that that is partly to do with the very aim that I have suggested—that of safeguarding the lifeline services and not having them p...
Alex Johnstone Con
That would have been the effect had the services been completely unbundled but, as the Government and the minister know, the services could have been partly ...
Tavish Scott (Shetland Islands) (LD) LD
I say to Mr Johnstone that the truth is that we lost a vote, as one or two colleagues on the far benches will well remember. Back in 2005, lots of Labour col...