Barry Smith KC finds no evidence of fraud in review of ferry deal

The review follows a BBC Disclosure show that alleged the process for awarding the contract may have been a sham.

The documentary stated that Ferguson Marine Engineering Ltd (FMEL) was given sight of a document on the design specifications by a consultant, some of which found its way into the yard’s bid, while competitors were given a less detailed dossier.

Barry Smith KC was asked by Ferry infrastructure agency Caledonian Maritime Assets Ltd (CMAL) to investigate the award of the contract.

His conclusions, published yesterday, stated: “I did not find evidence of fraud. That is not the same as saying that the procurement process was conducted perfectly.

“It is superficially attractive to conclude that FMEL gained an advantage by having possession of the SOTR (statement of technical requirements) but closer analysis of the process seems to me to cast doubt on that conclusion.”

Mr Smith also said it was a “poor quality document” and noted “somewhat bizarrely, when assessed by CalMac against the SOTR, the FMEL bid ranked second”.

The advocate said he was unable to draw any conclusions around the allegation that FMEL was permitted to effectively submit a new bid, saying “this aspect of the procurement process is not entirely satisfactory”.

A spokesperson for the BBC said: “The BBC declined to take part in this review after it became clear Mr Smith’s terms of reference, which had been agreed by CMAL, explicitly excluded the central allegations made in our film.

“Those allegations questioned whether the ferries contract was awarded fairly and within procurement rules.

“We note that Mr Smith, in his conclusions, mis-states the BBC’s published position, and clears CMAL of criminal fraud, an allegation we did not publish.

“We would be happy to share our evidence with any formal, independent inquiry into the allegations that we did publish.”