Not fair to judge civil servants now over missing ferry document, MSPs told

Scotland’s new top civil servant has said it wouldn’t “be fair” for him to judge staff who failed to document a key decision over the awarding of a £97 million ferry contract which could cost as much as £250 million.

John-Paul Marks, who took up the role of Permanent Secretary at the start of this year, gave evidence before the Finance and Public Administration Committee for the first time on Tuesday.

Last month, a report by Audit Scotland was released on the building of two ferries at the Government-owned Ferguson Marine shipyard in Port Glasgow.

The vessels are due to be delivered at least five years later than agreed and could cost as much as two-and-a-half times more.

In the final report, auditor general, Stephen Boyle, said a key piece of documentation could not be located, something he said was likely due to it never having been created in the first place.

The note could have explained why the Scottish Government decided to press ahead with the contract, despite concerns from ferry procurement body, Caledonian Maritime Assets Limited (CMAL), over the lack of a full refund guarantee.

The missing document has seen criticism levelled at the Scottish Government over its record keeping practices, after an investigation by civil servants failed to find the note in question.

Appearing before the committee, Mr Marks said both he and the public are privy to more information than was available at the time of the contract being signed.

“Clearly, seven years later, we can all look back and say, ‘you should have done this, should have done that, should have done this’,” he said.

“I don’t think it’s fair for me to judge those that sought to do their best at the time in terms of the information they had at the time or their integrity or competence to manage a commercial procurement.”

He added: “Clearly, lessons have been learned and we need to make sure they are applied consistently now.”

Mr Marks went on to say that he “absolutely understands the frustration” around the missing document, adding: “I do accept its important to ensure that it cannot happen again.”

When asked by Labour MSP, Daniel Johnson, the Permanent Secretary conceded information management within the Scottish Government had to be “robust, consistent, professional and assured”.

Mr Marks was also questioned about the recent ruling by the Information Commissioner that the Scottish Government should divulge some of the legal advice it was given on legislating for another independence referendum following an appeal from The Scotsman newspaper.

The senior civil servant reiterated the Government’s view “the convention that legal advice is protected for ministers to create that private space for consideration of legal advice is a convention that is well established”.

“We note the Information Commissioner’s judgement and will respond ahead of the deadline and ministers are giving it careful consideration.”