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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

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 Brussels. I met Commission officials, who advised me that ferry regulations allow the Teckal exemption to be made, should conditions of public ownership be met. I believe that CalMac meets the Teckal criteria. What is more, the updated 2014 EU procurement directives, which the Scottish Government announced that it must bring in by 18 April next year, have relaxed the Teckal exemption conditions further and brought more clarity in light of the increase in case law over the past 10 years.

The Brent London Borough Council and Welwyn Hatfield Borough Council cases of 2011 and 2013 show that the Teckal exemption is applicable in the UK. Furthermore, a key official in the directorate-general for mobility and transport at the European Commission whom I met recently said:

“Regarding the possibility of the direct award of a public service contract”—

that is, without tendering—

“this is, in principle, accepted by the European Court of Justice (Case C-420/04 ... ) in the case of ‘in-house’ service.”

With a great sense of timing, RMT has circulated to all members, including the minister, counsel’s opinion on Teckal. Gordon Nardell QC concluded:

“neither the 1992 Regulation nor the State aid rules oblige the Scottish Ministers to hold a competitive tendering exercise before awarding that company”—

CalMac—

“a public service contract for the Clyde Hebrides services.”

He went on to make the valid point that member states are entitled to perform services themselves and that, once an organisation such as the Scottish Government meets the Teckal exemption control and function criteria, the funding of its operation

“does not constitute state aid”.

Our purpose today is to stop the tender process dead in its tracks and to award the contract to CalMac under the Teckal exemption. There may be a rare brave and enlightened SNP back bencher who, this afternoon, agrees with me—I suspect not. However, a decision in favour of our motion would put the Scottish Parliament, not Brussels, in charge.

Last night I read a speech by the late Donald Dewar, a man whom I greatly respected and who supported me with constant visits to the Highlands and Islands when I was a young candidate in the late 1980s and early 1990s. His speech at the opening of Parliament on 1 July 1999 is a spellbinding classic, in which he said:

“Today we can look forward to the time when this moment will be seen as a turning point—the day when democracy was renewed in Scotland ... This is about more than our politics and our laws. This is about who we are, how we carry ourselves.”

Today could be a turning point when we put aside party interests and think about who we are and how we carry ourselves. I urge members to support the motion at 5 pm and support the workers, services and customers at CalMac. All that is needed now is the will to do and the soul to dare.

I move,

That the Parliament pays tribute to ferry workers at the public sector company, Caledonian MacBrayne (CalMac), and their vital role in maintaining lifeline ferry services to Scotland’s western island communities; notes that the next contract for Clyde and Hebrides ferry services (CHFS) is currently out to tender and may be privatised as Serco is bidding against CalMac to take over these lifeline public services; recalls the argument made to MSPs in a briefing paper from February 2015 from the STUC and the CalMac unions, RMT, TSSA, Nautilus and Unite, that the Scottish Government could have pursued legal arguments with the European Commission to exempt lifeline Scottish ferry services from regulations requiring regular tendering of public sector contracts, a process which is disruptive, expensive and biased toward private sector bidders; believes that the Scottish Government should exercise its power to stop the current CHFS tender process in order to pursue an exemption for Scottish ferry services, and further believes in supporting and promoting publicly owned and operated Scottish ferry services across Scotland.

14:45  

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...