Sir,
Peter Urpeth (Letters 24th December) continues to promote the myth that the Scottish Government wants to privatise the ferry service. The truth is that, whatever the outcome of the forthcoming tender, the vessels and port facilities will still be owned by the Scottish Government. The ferries will NOT be privatised.
The tender is being carried out in accordance with European legislation, and Mr Urpeth claims that there is "compelling legal opinion" that a successful legal challenge can be made to it. Really? Just who has expressed this "opinion"? Which law firm finds Mr Urpeth's "opinion" so "compelling" that they are prepared to take the case on a "no win, no fee" basis?
Nobody. That is because most civil law is based on precedence. And the precedent in this case was set in 2005 when the then Labour Government, after seeking the best legal advice that money could buy, claimed that a legal challenge based on the "lifeline" nature of the ferry service would not succeed. That is why it held the tender.
By not pursuing the lifeline service argument, the Labour government killed off any chance of going down this route in the future. In other words the current SNP Government would have to demonstrate substantial changes since 2005.
The first question Mr Urpeth's lawyers would face in court would be "what has changed since 2005?" If the Labour government concluded that a legal challenge would be hopeless in 2005, then why should it succeed now?
I have enjoyed splendid service from Calmac (and David MacBraynes before it) since
1962 and will be delighted if Calmac wins the tender. However no-
Dr David Wilson
12b Tolsta Chaolais
Isle of Lewis
Letter: Ferry privatisation is "myth"
7 January 2016