Meeting of the Parliament 25 November 2015
That was exactly the same position that Fergus Ewing used to take when he sat in the same chair making a different legal argument and using different criteria. The Altmark case was highlighted at that time, too. I take the point about the passage of time, but—I know that this is not particularly helpful to Mr Stewart—whoever the Government minister is, they will have to take legal advice on the basis of those cases and they will then have to act on that. No Government of any political persuasion can knowingly seek to break the law. If Mr Stewart was a transport minister, I do not think that he would do anything other than what Mr Mackay is doing right now.
The important point is that, if we wish to set up a tender and make it as tight as possible, that is perfectly possible. Mr Stewart will know well, as he is a Highlands and Islands MSP, that Serco runs our services to Orkney and Shetland and it is the same skippers, crew and people who work on those services and are on those boats today. They provide a very good service and work very hard on behalf of local people.
One of the most enjoyable days that I spent as a transport minister was with CalMac crews on the Sound of Sleat and the Sound of Harris. I have the utmost respect for the crews. I read the piece in The Herald today from a retiring skipper, whom I recognised. I absolutely reflect all his concerns about the future, but that is why the Government simply has to ensure—as Mr Mackay said, in fairness—the importance, fluidity and transparency of the tendering procedure to protect pensions, terms and conditions and the other things that Labour members have rightly highlighted in the motion.
I move amendment S4M-14942.2, to leave out from “and may be privatised” to end and insert:
“; believes that EU law requires the £1 billion Clyde and Hebrides Ferry Services 2016-24 contract to be tendered; recalls that the previous Labour/Liberal Democrat administration came to the same conclusion after investigating alternatives during the second session of the Parliament; notes that a subsequent European Commission state aid investigation has since reaffirmed this; recalls that a Labour/Liberal Democrat administration motion, which gained the approval of the Parliament on 14 September 2005, stated ‘that the tendering of the Clyde and Hebrides lifeline ferry services is required to protect these vital services’, while the SNP conversely argued during that debate that it ‘does not believe that tendering is necessary’; understands that, irrespective of which company wins the 2016-24 contract, ministers will maintain control of routes, services, timetables and fares, and vessels and harbours will stay in public ownership, and considers that the negotiation of a robust contract could ensure that jobs, staff terms and conditions are also protected.”
15:08Motions, questions or amendments mentioned by their reference code.