“Department of Finance’s shortlisting process was flawed..”

The full judicial ruling isn’t online yet. But the short BBC report gives us some of the relevant details.

A construction firm excluded from bidding for government contracts, put at £800m, has won a High Court action.

Lawyers for McLaughlin and Harvey Ltd had argued the Department of Finance’s shortlisting process was flawed and in breach of European law.

Any ministerial comment on that? Adds In the comments zone Nevin points to an earlier interlocutory ruling in the case with some more details.

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  • Pete Baker

    Yes, Nevin.

    That’s an earlier, but not unconnected, ruling.

  • Mark McGregor

    Pete,

    I know it’s not related to this case but do you have any idea what is happening with the Farset v Ritchie Judicial Review? I tried the court service website and could find nothing.

    I assume the money is still being paid to the UDA at present but no-one including your good self has revisited the issue in nearly a year.

  • McGrath

    “partnering approach / integrated supply team”

    This “new tendering” process (now referred to by many different terms), or at least the method by which it is implemented, is merely a smoke screen to allow public clients to select a contractor of their own particular choosing. The whole thing undermines the purpose of tendering and brings into play all kinds of questions about fairness and collusion.

    This case is a perfect example of how after the submission of tenders, the client tried to move the goalposts with the clients own expert witness confirming this.

    While confrontational client / contractor relationships brought about by reckless low bidding coupled with a premeditated litigious strategy causes it own unique problems, this process is just magnifying and shifting bureaucracy to an earlier point in time.

  • Just how many of these DRD/DFP projects are questionable?

    How clearly are Ministerial (and permanent secretarial) responsibilities defined?

    The Rathlin ferry investigations are being directed by the DRD’s Paul Priestly, not the DFP permanent secretary.

    Would Northern Ireland Audit Office investigations be more appropriate than ‘in-house’ ones?

    Why is the mainstream media (and Slugger) mostly shying away from these stories?

  • McGrath, here’s an example of ‘moving goalposts’ between the first and second Rathlin ferry tenders:

    Cuttings‘ from the first tender.

    Scans of related pages from the first tender.

    Who authorised the pruning, who acquiesced and who benefited?

    The operator Caledonian MacBrayne (Calmac) is wholly owned by the Scottish Executive and may not be permitted by its parent Department to operate outside of the Scottish undertaking for much longer.

    What is the basis for this claim and what role(s) has the Scottish government played in the process?

    Ditto the Irish government.

  • [aside]”DRAFT BUDGET 2008-11

    Rt Hon Peter D Robinsob MP, MLA”

    Pass the tissues …