Last week Cabinet Secretary Alex Neil chaired a meeting with interested parties on the Argyll Ferries passenger service between Gourock and Dunoon.
An unconfirmed and unofficial account of this meeting was published online, asserting that, at the meeting. Mr Neil informed those present that he had ‘told’ Argyll Ferries to replace the MV Ali Cat on the route with a vehicle and passenger boat.
This gave rise to substantial local expectations over the weekend that the Dunoon Ferries Action Group had won its case; and that Dunoon was to see the return of the second vehicle service between the two destinations for which it has so vigorously, if so irrationally, fought.
Unable to believe that, in the light of the governing legal context, the Cabinet Secretary could have said any such thing – but willing to accept that in the world we live in, legal constraints might have been circumvented or reinterpreted, we set out to establish the facts.
This morning we contacted the Cabinet Secretary’s office and Transport Scotland asking for a formal clarification of the situation.
For Argyll’s questions
We then submitted the following questions by email:
‘A website in Cowal has recently published an account of a meeting last week, in which account it asserts that Cabinet Secretary Alex Neil assured those present – including Michael Russell MSP, Argyll Ferries, Archie Robertson CEO of David MacBrayne Ltd and a constituent of Mr Russell’s – that he had ‘told’ Argyll Ferries to replace the MV Ali Cat with a vehicle and passenger ferry on the Gourock Dunoon route.
‘Since this is a matter of substantial public interest on a variety of fronts, we would welcome an authoritative statement on what Mr Neil actually said.
‘In terms of the full legal context of the Argyll Ferries contract, we cannot see that the Cabinet Secretary can have so instructed Argyll Ferries – and therefore cannot have said what he is alleged to have said.
‘We accept, though, that our understanding may be incomplete – hence we would welcome clarification towards a secure grasp of the legal situation as the Scottish Government perceives it.
‘How might such a change as reported be legally made to the Argyll Ferries service on the Gourock Dunoon route within the life of that company’s current contract?
‘How would competition law impact on such a scenario?
‘Would the current contract have to be aborted and the route re-tendered publicly to a different specification than was the case in 2011?
‘What specification would be required to ensure that the requirements of European Law would be observed in preventing any actual or hidden cross-subsidisation of the vehicle service (which is illegal) by the passenger service (which may legally be subsidised)?
‘We look forward to a timely response from you on a matter which is clearly in the present consciousness of both the Cabinet Secretary for Infrastructure and the Transport Minister, meaning that such issues must already be clear to them and are guiding their words and actions.’
The Scottish Government response
Earlier this evening we received the following response from a spokesperson for Transport Scotland.
‘Following concerns raised locally regarding the certification and use of the MV AliCat on the Gourock-Dunoon ferry service, the Cabinet Secretary for Infrastructure and Capital Investment, Alex Neil chaired a meeting in Glasgow last week to fully consider and discuss the issues.
‘The meeting was attended by the Chair and Chief Executive of Argyll Ferries Limited (AFL); senior representatives of the Maritime and Coastguard Agency (MCA); Transport Scotland staff; Captain Sandy Ferguson, a retired CalMac senior member of staff and adviser to the Dunoon-Gourock Ferry Action Group; and Mike Russell, in his capacity as the local constituency MSP.
‘The MCA representatives explained their recent action in serving an Improvement Notice on AFL and the AFL attendees confirmed their full acceptance of the issues set out in the Improvement Notice.
‘Mr Neil was pleased to note that AFL have already acted and implemented improvements to address all of the issues raised. Mr Neil made it absolutely clear that AFL must fully accept the terms of the Notice, in order to restore confidence to the local users. The MCA agreed to Mr Neil’s request for an ongoing quarterly review to ensure that the MV AliCat was being operated by AFL in strict accordance with the certification issued by the MCA.
‘Looking forward, Mr Neil reaffirmed his commitment to the feasibility study into a future passenger and vehicle service on the route and to working towards a permanent solution for the service.
‘Ministers’ policy and aspirations for the Gourock-Dunoon town centre to town centre service is clear, as are the legal constraints under which the Government must work.
‘Work on the three-point plan announced by Alex Neil back in Dunoon on 14 February continues, with the steering group bringing together local campaigners, local councillors and the Cabinet Secretary. A number of meetings have been held to discuss matters and move the issues forward.
‘A study is planned into the feasibility of operating a vehicle and passenger ferry on the route, with the vehicle portion unsubsidised in line with European Commission requirements.
‘The terms of reference for this study have been developed with the full involvement of the local Ferry Action Group and the two local Councils. One issued the study will explore is how vessels could be provided and financed. The study will report by the end of the year.’
Analysis
The government statement does not answer our focused questions and it is telling that it does not choose to do so.
It has, however, had to declare the realities it prefers to disguise, albeit in soft focus and with much use of dry ice.
This official statement, which is formally on the record, does not – because it cannot – say that the Cabinet Secretary said at last week’s meeting that he had ‘told’ Argyll Ferries to replace the Ali Cat with a vehicle and passenger ferry.
It does not say – because it cannot – that such a replacement will happen.
It limits the Cabinet Secretary’s ‘commitment’ as being to the feasibility study he has commissioned.
It allies to that, a commitment to ‘working towards a permanent solution for the service.’ That does not imply or indicate any specific permanent solution; and there can be no doubt that the government will be relieved when it can lay this matter to rest.
In saying that ‘ Ministers’ policy and aspirations for the Gourock-Dunoon town centre to town centre service is clear’ and immediately saying ‘as are the legal constraints under which the Government must work’, the reality of the situation is unequivocal. This has always been obvious and is as For Argyll has consistently said and shown.
The ‘ Ministers’ policy and aspirations for the Gourock-Dunoon town centres service is clear’.
Indeed it is. It is clear because the present service was decided upon and brought about by this government.
It would be ludicrous to suggest that any government, never mind one with an unprecedented overall majority at Holyrood, would not effect its own aspirations – where it had the power to do so.
That is where the second part of this sentence comes into play, saying that, equally clear, are: ‘the legal constraints under which the Government must work’.
The phrase ‘legal constraints’ and the word ‘must’ together vindicate every aspect of For Argyll’s settled analysis of the situation.
Hence the government has given the town a passenger ferry service with a capacity and a sailing frequency that its modest usage and significant cost could not defend.
But rather than understanding and being glad of how uniquely favoured the town has been, the Dunoon camoaigners continue to complain and to threaten.
As we have shown in our demonstration of the unimaginably large total passenger and vehicle transport capacity available to Dunoon – against an underwhelming usage tally, the Dunoon-Gourock Ferries Action Group campaigners would be advised to focus their energies on negotiating for all possible improvements to the delivery of the passenger service they have.
If they do not do so and continue to be a selfish and irrational one note samba, the government would be entitled, given the facts of the current substantial overcapacity, simply to walk away in 2017 when the Argyll ferries contract is up. This would leave Dunoon with the very capable Western Ferries service, which can certainly deliver on the current demand – and then some.
Smoke and mirrors
Over half of the volume of the statement – and the first half of it, is dedicated to an overheated rehash of an issue of no more than theoretical impact – the MCA improvement notice issued to Argyll Ferries.
This has caused much scaremongering while it amounts, literally, to a lack of current paperwork for the Ali Cat to sail in the most infinitesmal amount of wintertime Class 4 waters – relating only to the final metres of its sheltered approach to berthing at Dunoon.
This problem has arisen because the Scottish Government did not think to ask the MCA to include in the description ‘the old pier at Dunoon’ this last tiny stretch of adjacent water within the Class 3 territory it defines for winter usage without an onboard safety boat.
The Ali Cat has previously been licensed to go deep into Class 4 waters in winter – down to Loch Striven, when the Maersk boats were laid up there. So the boat is judged by the MCA to be perfectly safe for passenger transport on Class 4 waters in winter. And, lacking the necessary paperwork as it did for a while, passengers were at no aggravated risk whatsoever.
Our earlier article – Russell stance on Argyll Ferries raises serious questions – has laid out the facts of this issue; as has our article on the confusions surrounding the matter - Dunoon ferry services: facts and fancies; and our article on the issue of overcapacity on this route: Research reveals shock insights into reality of Dunoon ferry service provision.
One cannot blame a departmental communications service for doing its best to provide some cover for a minister in a corner. However, the bonfire this statement attempted to light on an issue that was never of substance and has no relevance whatsoever to the issues we raised this morning, is an obvious and unsuccesful ploy.
This controversy is emotional, not rational. It has been fanned into continuation beyond its natural lifespan by politics so feeble as to try to gain temporary respite from noise by holding out hopes that cannot be fulfilled; and that the government knows to be unrealisable.
This has done damage to Dunoon in preventing it from moving on as it would otherwise have done.
Beyond the agit-prop brigade, Dunoon is not an unreasonable place, But it has seen some folk mischievously frightened for campaign advantage and the town itself kept in a ferment by the constant stoking of an that can go nowhere except play out to the inevitable conclusions of the feasibility study that was never more than a dummy to suck on for the time being.
No feasibilty study can make legal something which is not; or make financially viable a service which is commercially unsustainable.
The crux of the matter is, as this statement says, ‘the legal constraints under which the Government must work’.
More waffle from Newsroom (aka soapbox).
The MCA are obviously toughening up on operators using small boats ill suited for the provision of regular ferry services.
This can be seen at Kilcreggan as well as by the fact that they are now going to be monitoring AFL regularly. The fact that the MCA is going to be looking for strict compliance with certification indicates they take quite a different view to Newroom over the importance of the regulation.
Once more Newsroom repeats the incorrect statement about there being a “lack of current paperwork” for the AliCat. The paperwork is all in place, the MCA made it clear the boat-Masters were operating in ignorance of the restrictions imposed upon vessel. Also Newsroom (aka soapbox) is confusing passenger certification and classification of waters.
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It makes me wonder, how the other local blog could run such a false and misleading piece.
For those running about Dunoon, convinced by the Cowal Courier piece, are they guilty of naivety or is it gullibility? To be fair it is more likely that the politicians are just exploiting their desperation. I have been in Cowal long enough not to get my hopes up, as it is spin, spin and lies.
I would have more respect for the politicians if they could be straight and honest, however I realise that this is an oxymoron. The feasibility study is just a further smoke screen for delay, and others should not get their hopes up. If the Deloitte and Touche report was correct why 14 years later has this not been sorted? Since then there have been legal changes, the EC report, the over-capacity and the current financial pressure, really what is another feasibility study going to show.
If the SNP could have made good on their promises, then they would have, simple. The legal and financial barriers are too great, simple. Come on Mike Russell be honest with us.
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Why do you conclude the other article is false?
The other site is run by a journalist who has worked for several papers and won awards. On the other hand ForArgyll makes it clear that it voices its own biased opinion, not news, and it does not seem to have any status as a news and information service.
There always seems to be a bit of hysteria from Newsroom (aka soapbox) if the pro vehicle ferry campaign makes headway, Newsroom would not be getting sponsorship from somewhere would it?
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It is false, if Ales Neil had so directed, do you not think that he and his colleagues would have been shouting it from the roof tops.
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Of course he would have been.
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“On the other hand ForArgyll makes it clear that it voices its own biased opinion” what’s wrong with honesty, If they said they do not have a biased opinion would they be dishonest. What’s wrong in acknowledging your “faults”.
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Agreed, For Argyll has the ability to voice its own opinion. As has everyone else.
Ferryman has a different opinion, that is what makes a debate. However you should play the ball not the player, i.e. deal with the issues and stop making personal attacks on the person.
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There are two websites giving different opinions I asked why you chose one over the other.
The Cowal Courier, though I don’t like all that they publish, seems more credible to me.
One reason for this is that Newsroom seems quite happy to misrepresent facts. In a previous thread Newsroom clearly said that the AliCat did not not have an Exemption Certificate (it did because I have seen one with my own eyes). Newsroom then went on to try and claim it had not said there was no certificate – despite what was written in the article.
In this article Newsroom is refering to “a lack of current paperwork”. What paperwork is this, or does Newstrrom just not know what it is talking about?
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Newsroom (aka soapbox) campaigned for a passenger only ferry service. We got one but the bathtubs are just not up to the job. Does Newsroom say sorry, I was wrong, nope. Instead it carries on almost seeming to argue that we don’t need a passenger only service, too much capacity etc. Any progress made by people arguing for larger vehicle ferries is met by slightly hysterical and inaccurate articles.
When a third bathtub is put on for Cowal Games newsroom unbelievably welcomes this!
When I posted the comment above I expected newsroom to respond with howls of protest abouts its editorial independence and journalistic integrity. Instead there was silence – perhaps newsroom did not read the comment?
So newsroom do you have sponsors, do you get grants from the Council? If you do have sponsors who are they?
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I think Alex Niel did tell Archie Robertson to use a vehicle ferry on the route.
He had just seen the Flyer off for several days in June and the MCA slapping an enforcement notice on AFL which is going to be strictly monitored. Winter is fast approaching (sorry) and with it the prospects of days on end of disrupted service.
If he gives CalMac money for another bathtub boat he faces being sucked down the plughole of a PR disaster when it too fails to sail. The solution sits at Roseneath each winter, the Coruisk.
I bet Alex Neil has told Archie Robertson to use the Coruisk for the winter. Not before time, lets hope they get it in place before the Cowal Games.
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There is much debate about, who said what and which web site is correct, finaly found one site I am sure no one can find fault with.
http://newsthump.com/2012/08/07/nick-clegg-finds-out-what-it-feels-like-to-be-repeatedly-lied-to-by-politicians/
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Ferryman- I bet Alex Neil has told Archie Robertson to use the Coruisk for the winter. Not before time, lets hope they get it in place before the Cowal Games.
Maybe this is a ridiculous comment, but if you remember a streaker was used last year, but for passengers only!
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Don’t mention streakers! Someone might want the Saturn dragged out from behind the pier at Rosneath and stuck on the Dunoon run again!
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Yes, the Saturn was used last year. Silly just to use it for passengers, but very sensible to have it on the run for the games.
What would have happened last year if heaven forbid the wind had come from the East and the Flyer could not run, or it was a bit choppy and both the Ali Cat and the Flyer were off.
A lot of foot passengers come to the Cowal Games. If the bathtubs don’t run it is going to be a big issue so it makes sense to put a decent ship on the route.
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From the Dunoon Observer – ARGYLL Ferries confirmed this week that troubled passenger ferry Clyde Clipper will be leased to supplement AliCat and Argyll Flyer on the Dunoon-Gourock route’s busiest day of the year – Cowal Games Saturday.
However, the news has been met with dismay by ferry campaigners.
Not a rosy decision!
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This is entirely consistent with the statement we were given by Transport Scotland.
It is a relief to see this particular action taken. It is playing a straight bat with Dunoon, not sending mixed signals and giving rise to expectations that cannot be satisfied.
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In what sense is this a relief newsroom?
Cowal Games is of major importance to the local economy. We are now going to be using three bathtubs and gambling on good weather.
The Clyde Clipper was used on the passenger only service for a week or two at the start, she kept breaking down. The Argyll Flyer cancels if the wind comes from the east. The AliCat can only sail if its clear. None of them can sail once the water gets choppy.
If we are lucky the weather will be good. If the weather is bad there could be a lot of disgruntled travellers and they may well think twice about coming back in future years as well.
This is a huge gamble.
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The world is simply just fully empty for you. Always negative, always with the scaremongering.
“we’re doomed captain mannering”
I don’t know ferryman it just seems as if you need to find some joy.
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I don’t like incompetence. I disagree with a passenger only ferry but if they put one in in needs to be one that works.
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Peter just to be a total anorak it’s not Mnnering it’s Mainwaring.Just thought you’d like to know.
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Yeah i know i left an e out of Mannering.
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No you didn’t. I have days like that too.
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The Observer showed a picture of people streaming of the Saturn for last year’s Cowal Games. The car deck and ramp look full and people are queuing to come down the stairs onto the car deck. There are a lot of brollies up.
Saturn carried around 500 passengers. The Clyde Clipper and the other bathtubs only carry about 250 people each. So this year the capacity on the route will have been reduced by 25% from 1000 to 750 passengers – assuming the bathtubs run ( with possible prosecutions in the offing that is a big assumption ).
The Saturn also had two substantial saloons as well as covered deck spaces. The bathtubs will be much more cramped if it raining.
This seems a very blikered approach, just looking at ferry costs in isolation and ignoring the risk to the Cowal Games.
Maybe the weather will be good this year, but this solution is going to come unstuck one year.
Decent sized ferries that can cope with the weather are needed on this route.
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1020 Argyll Flyer has just gone off the Dunoon -Gourock run winds are 7-12 Mph and bright and sunny, rough at Gourock berth.
Fail to see how any pontoons is going to improve this situation.
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Yes, it is bright and sunny weather we would be pleased to have for Cowal Games. But one of the bathtubs cannot cope with the breeze! If this happens at the Games the capacity on the route will have dropped by 50% compared with last year (more if the other bathtubs cannot run). Large numbers of people cannot simply make their way Western because they too are limited on how many passengers they can carry.
Maybe the weather will be good, maybe it will be bad, but this is a ridiculous gamble.
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It is now 12:00 and that is the Argyll Ferry service suspended, to be reviewed at 15:00!
I have had a look at various websites and the wind does not seem to be more than about 20mph.
Neither of the current bathtubs are fit for the purpose of running a regular ferry service on the Firth of Clyde. As has been said all along larger vessels are needed.
What is your solution for this newsroom (aka soapbox). You were in favour of using the bathtubs for the Games, where do you stand now?
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My wife was going for the 12.50 ferry as she had an appointment at Inverclyde Hospital, needless to say ferry cancelled, so appointment had to be cancelled at short notice. This is the second time this appointment has been cancelled for the same reason.
Western still running, and from my living I have just watched a yacht sail passed !
Those coming for Cowal Games will have problems if the weather is as Agryll Ferries call it ” strong easterly winds” – what anyone else in there right mind would call a “breeze”
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Argyll ferries still seem to be off.
This is really farcical.
The weather is not so nice now, but its well within normal for this part of the world.
Had this been Games day it would have been a total disaster.
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