Isle of Wight Council Cabinet member for Transport and Infrastructure, Phil Jordan, shares this release from the Alliance Group in response to Cllr Joe Robertson’s Letter to the Editor. Ed
A recent letter to many Island media outlets from Conservative councillor Joe Robertson about the Cowes Floating Bridge is littered with misinformation, assumptions and hypocrisy.
No councillors involved in tendering of the contract
Established and confirmed in two independent reports, including one from Price, Waterhouse and Cooper, no councillors were involved in the tendering of the floating bridge contract.
Nothing unusual in that as contracts and tendering are always carried out and overseen by council officers.
Instead, a project board managed the process overall and on which no councillors were members.
All established and agreed long before Cllr Robertson was ever elected as he now attempts to rewrite history.
Lack of adequate trials under the then-Conservatives
In addition to the two independent reports, key documentation was placed before the Council’s Corporate Scrutiny Committee on 9th March 2021 which reviewed the events and actions in relation to the Floating Bridge, up to that point.
The report to Scrutiny made it crystal clear that the problems with the Vessel started in May 2017 when it was put into service, without adequate trials and under the then Conservative administration.
At that time, the Conservatives claimed it was put into service early because of “public pressure”.
Procurement process
Paragraph 1.3 of the report before the Corporate Scrutiny Committee stated:
“In examining and reviewing the information and documentation gathered during the course of the review I am of the view that the council did all that was reasonably possible to secure a suitably competent and experienced team of experts and contractors to design and build the Floating Bridge 6.”
Furthermore, the covering Report at paragraph 77, as part of the Conclusions and Recommendations, said that it was recommended that the Committee:
“Note that there were no issues with the approach taken to procurement, tendering and contracting.”
Signed off by Ian Ward
This report was presented and signed off by Conservative councillor Ian Ward who was then Cabinet Member for Infrastructure and Transport.
The minutes record that this recommendation was accepted by the Committee, which at that time, had a Conservative majority of members on it.
“Attempt to place blame where no blame lies and to avoid responsibility where responsibility lies”
Cllr Jordan commented,
“The public are just tired of this continual re-adaption of history in an attempt to place blame where no blame lies and to avoid responsibility where responsibility lies.
“The public want to see something done, not watch four years of inaction, prevarication and failures that the Conservative administration managed to achieve.
“The Alliance have resolved the commercial dispute allowing us to move forward into finding the best option for the future, including, if appropriate, a new vessel.”
Settlement impossible without confidentiality agreement
What Cllr Robertson also fails to tell the public, however, is the hypocrisy the Conservative group demonstrate by challenging the commercial confidentiality of the settlement.
The settlement that was impossible without the confidentiality agreement which the commercial sector required.
Hypocrisy – PFI commercial confidentiality agreement
Around 2020, during the previous Conservative administration term in office at the Isle of Wight council, through the then Cllr Ward as cabinet member for transport, the Conservatives entered into a commercial confidentiality agreement with the PFI contractors involving a commercial contractual dispute involving multi millions of pounds of taxpayer’s money.
Signed and delivered in the secrecy they now want to challenge.
Jordan: Utter hypocrisy and dual standards on display
Cllr Jordan added,
” I cannot help but comment on the utter hypocrisy and dual standards on display in Cllr Robertsons misplaced comments regarding NDAs.
“Clearly, the Conservatives believe it is perfectly in order to enter into commercial confidentiality agreements whilst in office but object and disagree with them when not in office.
“I’m sure the public will make up their own minds about such hypocrisy.”
Conservatives claimed “Just a few teething troubles”
Finally, we witness the desperation of the Conservative ethos and attitude and their rambling and gambling approach to the FB.
A vessel they claimed was suffering just a “few teething troubles” when refusing to consider a new vessel.
The procrastination, errors and costs over their four years of failures to sort out the FB since they took delivery and brought it into service before trials were complete (a huge error as we now see) have become plain to see.
Conservatives prefer a High Court case
In a complex and difficult case and set of circumstances, instead of agreeing a settlement with the other parties, a settlement that required commercial confidentiality for those other parties and could not have been made without such a confidentiality agreement, they prefer a High Court case.
A High Court case with a further three years of delays, a potential legal case cost in excess of £1m and rising, no guarantee of the case being won by the council or the potential risk of a derisory award, and each party possibly being ordered to pay their own costs.
The complexities
A complex case with numerous parties, disputed liability, insurance company participation and companies in liquidation meant that such enormous risks are reckless, very high risk and not in the best public interest.
Jordan: Without NDA, there would have been no settlement
Cllr Jordan commented,
“It is important to understand that it is not in the council’s interest to reach a conclusion at a mediation that it does not consider to be an appropriate settlement.
“It is not uncommon for Courts and indeed local authorities to conduct business in private session where appropriate, and there is nothing automatically untoward in doing so.
Without the NDA there would have been no settlement, it is really that simple.”
Image: © With kind permission of Allan Marsh
