A BBC documentary last year alleged the process of awarding the contract may have been rigged in favour of the Port Glasgow shipyard.
A review by a senior lawyer into the procurement of the delayed Ferguson Marine ferries found no evidence of fraud, though parts of the process were “not entirely satisfactory”. It comes after a BBC Disclosure documentary last year alleged the process for awarding the contract may have been rigged in favour of the Port Glasgow shipyard.
His conclusions said: “Ultimately, the question posed was whether a fraud was committed during the procurement process. I did not find evidence of fraud. That is not the same as saying that the procurement process was conducted perfectly.” Mr Smith’s report said he doubted whether Ferguson Marine Engineering Ltd ’s possession of a document called the statement of technical requirements gave it an advantage. He said: “It is superficially attractive to conclude that FMEL gained an advantage in the procurement process by having possession of the SOTR but closer analysis of the process seems to me to cast doubt on that conclusion.”
Kevin Hobbs, chief executive of CMAL, said: “We welcome the findings of Barry Smith KC‘s independent investigation, which has established no evidence of fraud in the procurement of vessels 801 and 802. We do, however, recognise that the report identifies a number of missteps over the course of the procurement during 2014 and 2015, and mitigations have been in place for several years to ensure these do not happen again.
“This is also true of the current team, who are firmly focussed on the delivery of these vessels, working closely with Fergusons to ensure they enter service as soon as possible.”
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