Hansard

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 process, I, as the minister, have been doing everything that I can to safeguard the interests of island communities and of staff.

Since 2000, successive Scottish Administrations have attempted to achieve the exemption from tendering and repeated attempts to do that have been unsuccessful. Like Labour and Liberal transport ministers before, I have had to make it clear that tendering the ferry services contract is a requirement under EU rules. Indeed, the Scottish Parliament motion at the time said:

“That the Parliament welcomes the Scottish Executive’s further detailed consideration of the EU requirements relating to the Clyde and Hebrides lifeline ferry services; notes the serious consequences of these services not being compatible with the regulations; recognises the Executive’s commitment to secure the continued employment of the Caledonian MacBrayne workforce and the protection of their terms, conditions and pension rights, and acknowledges that the tendering of the Clyde and Hebrides lifeline ferry services is required to protect these vital services.”

Many of the Labour MSPs who are present know that, because they were there when the motion was debated and they voted in favour of it. Why has the Labour Party changed its position when it is quite clear that we are still compelled to deliver the requirement to tender?

The Scottish Executive subsequently published its own consideration of the requirement to tender in September 2005. I have a copy of that document with me. It addresses many of the issues that we are debating. It concluded that there was a requirement to tender and bring CHFS into line with EU rules.

Breaking the law is not an option. The Scottish Government would be left open to challenge, because of the European rules. Any challenge would be to taxpayers and the services themselves.

Claims, as have been made before, that the award of the contract has been delayed so that they come after the Scottish parliamentary elections are not true. Putting the contract issue and the invitation to tender on pause through the summer period was to have proper dialogue and engagement with the trade unions. The trade unions have said that they got the best deal possible. It was right at that stage to pause to ensure that we allayed the fears at the time. We cannot reduce the timescales at both ends if we are to carry out due diligence and to have a fair, open and transparent process under procurement law; we must do it properly. If I could announce the award of the contract earlier I would, but we are sticking to the challenging timetable for the submission, the analysis and the announcement. Negotiations over the summer helped to inform that, as has the work of the independent procurement reference panel.

It has been demonstrated by this and previous Administrations that we need to tender the services to ensure that they meet the requirements of EU law. We are doing that in a fair, open and transparent way and in a way that ensures the future economic, social and cultural sustainability of island communities, which of course depend on these vital lifeline ferry services. There has been an increased focus on quality and protections, which I believe has provided added safeguards that have been appreciated by many of those involved. That should, in some way, address the concerns that have been raised.

We will do our best for the staff and for island communities throughout Scotland to ensure that we enhance and support the services in the way that the Government has been doing since 2007.

I move amendment S4M-14942.3, to leave out from “and may be privatised” to end and insert:

“; further notes that the Scottish Government is undertaking a fair, open and transparent procurement exercise in line with strict European Union procurement rules, maritime cabotage regulation and associated guidance; recognises that the current tendering exercise has been improved on, compared with that undertaken by the previous Labour/Liberal Democrat administration, which decided that it was a legal requirement to tender the current contract in 2005; indeed, recalls statements by members of the previous administration that ‘tendering of the Clyde and Hebrides lifeline ferry services is required to protect these vital services’; welcomes the first report from the Independent Procurement Reference Panel, which includes local authority, union, community and industry representatives, and concluded that the tender process has been fair, open and transparent, and believes in supporting and promoting publicly owned and controlled ferry services, evidenced by a record £1 billion investment by the Scottish Government in vessels, ports and ferry services since 2007.”