At last the big row broke out about this today on PMs question time. I thought Chris Grayling was going to get away with it. He is a staunch May supporter, so she backs him back, anyone else would have been sacked. More scandal is now leaking out about this. Chris Grayling told the house that the procurement regarding Seaborne Freight was done properly in a way that conforms with government rules. But that is a huge whopper, as a freedom of information request reveals that Chris Grayling bypassed those rules to deny the Procurement Assurance Board, a senior panel of experts and Lawyers were denied the chance to scrutinise the deal, a clear breach of parliamentary rules. So you have to ask why he gave such an important contract potentially worth £13.8 Million to a worthless start up company, and why did he remove the main hurdle for them to be given the contract? They rightly wouldn't have got through the Procurement Assurance Board, and it would have saved all this time and money. It's going to be about £1 Million to the tax payer for being sued over Seaborne by Eurotunnel. The Seaborne fiasco is also going cost Thanet Council nearly £2 Million as mentioned in the house of commons today.
It actually reveals nothing of the sort. I have personally dealt with hundreds of FOIs on behalf of my previous government department and this stinks to high heaven.
A group calling itself the 'Transport Network' and styling itself 'progressive', i.e. Labour/Union lefties
(progressive sounds like a lovely fluffy word that is the opposite of conservative isnt it comrades? At least, it says so in the dictionary. Therefore we must all be good and they must all be bad. Lovely. Trebles all round) say they put in a disclosure request under the Freedom of Information Act. They received the following text within the reply (which they do not publish in full):
'A maritime subgroup of the Board of Investment and Commercial Committee reviewed all bids submitted as part of the department's additional freight capacity procurement including that by Seaborne Freight. There was progressive assurance and assurance oversight during the procurement process, but no formal Procurement Assurance Board was convened.'
That reply will have been completed by a civil servant in DfT, probably quite junior, in their commercial directorate. It will have been signed off by the senior civil servant (SCS grade) with oversight of the procurement process. Ministers will have had no involvement in the FOI process.
The quoted text describes DfT internal governance around procurement for this type of contract. We do not have the question posed under the FOI request or the full text of the response.
It is quite possible (in fact very likely, since 'Transport Network' will have been monitoring DfT procurement and governance approaches over many years ) that a 'full PAB' in civil service parlance was not required for one or other reason (contract value, breadth of skills on overall PAB relative to a specific procurement) etc. The proper place with the proper experts to consider the procurement is the subgroup because that is simply a name for the group of experts with maritime knowledge rather than rail or airports.
Transport Network may well have known all this and that full PAB wasn't required by DfT internal procurement governance arrangements (nothing to do with parliamentary rules - or indeed parliament at all). TN will have specifically framed a question to ask how this was approved, and whether a PAB was convened (knowing the answer would be no to that).
They have now published the excerpt saying no PAB was convened, without setting that in any context, and feeding off the back of the 'no ships sherlock' mess to try to further embarrass the government - without cause in this instance.
All this does show, I'm afraid, other than the systemic dodgy tactics that surround politics on all sides (this is a perfect example of not letting the truth get in the way of a good story) is that whoever approved that FOI response (the senior civil servant) needs to be spoken to because the response should not have included that line. Our job is to recognise what the dodgy opposition tactics are behind this kind of thing a sidestep it. The job of the civil service is to deliver with full commitment and discretion for the government of the day, whoever they may be and whether or not we personally agree with the policies they were elected to deliver. We do that whoever is in government and I have personally for Labour, the Coalition and now the Tories. It would have been easy to respond accurately and fully to this FOI without referring to PAB specifically.
To summarise, Grayling hasn't lied on this point and there is no evidence that any procurement rules were broken. DfT procurement rules are established and audited by the NAO. This followed that governance approach and Grayling said as much.
The sad thing is that nobody will get to hear the truth, they will just absorb this bollocks and if it fits their views they will take it as gospel.