CCA defends its role in the purchase of ferry
THE island’s Civil Contingencies Authority has spoken out about why it used emergency powers to buy a new ferry for Condor Ferries – but done little to fully explain its actions.
However it has claimed that its move met ‘rigorous tests’ to justify the use of the powers, which were ‘met in more ways than one’.
The authority, which met twice at the end of last month before instructing the Policy & Resources Committee to go ahead and purchase the vessel from New Zealand, said in a statement issued over the weekend, that it was a ‘critical matter that was time-sensitive’ and that appropriate action had to be taken promptly to mitigate an emergency situation from arising.
‘The mitigating action involved securing the purchase of a vessel, but to be absolutely clear, the CCA’s mandate was engaged because of the critical risk to the Bailiwick’s supply chain that would have very likely arisen had this particular vessel not been purchased at this particular point in time,’ it said.
‘In other words, from the CCA’s perspective, the purchase of the vessel was not an end in itself – it was the means to avert a potential emergency, specifically and uniquely related to the Bailiwick of Guernsey, that was likely to arise as a consequence of that purchase not taking place.’
The political members of the authority and its advisers were confident that the risk would have materialised if the ship had not been purchased ‘in the time frame available’, it added.
But the CCA said – ‘much to its frustration’ – that it was unable to explain the specific details of this risk now, due to the sensitivity of commercial and non-commercial information.
‘But islanders can take assurance from the fact that the authority’s emergency powers could not have been invoked had the situation simply been about P&R buying a ferry.
‘There are rigorous tests that have to be satisfied to justify the use of emergency powers, and these tests were met in more ways than one.’
The CCA said its interest extended ‘only as far as safeguarding critical supply lines’ and admitted that the previously-announced plans for Condor to work with the Guernsey Investment Fund to secure the vessel ‘would have achieved the same outcome’ but it was not possible to complete the deal. This, combined with sensitive information the authority was made aware of, catalysed the need for the CCA’s involvement.
P&R would not comment further on the deal and the CCA said that questions over the involvement of the Guernsey Investment Fund were not for the authority to answer.
Who was at the CCA meetings?
The CCA has confirmed attendance as follows.
. The four permanent voting members – the presidents or representatives of the Policy & Resources, Home Affairs, Environment & Infrastructure and Health & Social Care Committees.
. Voting representatives from Sark and Alderney
. In an advisory capacity Bailiff Richard McMahon, HM Procureur Megan Pullum, head of the public service Mark de Garis, States treasurer Bethan Haines, and chief strategy and policy officer Steve Wakelin, while other officers from the CCA, including the emergency planning officer, observed.
It said it never commented on voting records at CCA meetings.