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An island claims the Scottish Government has lost an opportunity to avert the possibility of Caledonian MacBrayne ferry services being hived off to the private sector.

Cllr Donald Crichton said the Scottish Government enthusiastically embraced the competitive tendering option but could have sought a derogation from the EU that would have protected the publicly run services.


He claims that in correspondence he has received from the office of the EU Commissioner for Transport, Violeta Bulc, the Scottish Government did not take up the option of seeking a derogation but followed the same route as the previous Scottish Executive a decade ago.

He said: " The letter I received from the EU Commisioner's office confirms that a derogation can be sought in such circumstances where a public authority exercises control over the company that has the contract."

The letter from the EU Commission states that an 'in-house' option is possible if: " the public authority awarding the contract exercises over the company to which the contract is being awarded control comparable to that exercised over its own departments and the company carries out the essential part of its activities with the controlling authority."

It continues: " While this has to be strictly interpreted and the burden of proof as regards the existence of these circumstances lies on the Member State invoking the derogation."

Mr Crichton said: "We have those circumstances now with the Scottish Government and Caledonian Macbrayne yet they chose not to go for a derogation.

 

"The tendering process is now so far on that there is probably no turning back. This only confirms what I believe to be the longstanding intention of the civil service and Scottish Ministers to sell off our lifeline ferry services."

Cllr Crichton concluded: "This could have avoided a prolonged tendering process and the unnecessary threat of life line services being lost to the private sector where there will be less accountability and more risk to jobs and services."
 

 

Ferry tendering was avoidable, says councillor

 

18 October 2015