EdinburghTramInquiry

Lord Hardie’s findings establish why the Edinburgh Trams Project incurred delays, cost more than originally budgeted and through reductions in scope delivered significantly less than projected.

Recommendation 24: Scottish Ministers should consider the need for legislation to impose a duty of disclosure upon a company, its directors, employees or consultants and upon a local authority and its officials towards representatives of OGC or Audit Scotland undertaking a review

Recommendation 23: in addition to any civil liability arising from any sanction introduced (in accordance with Recommendation 22), Scottish Ministers should consider whether there is a need for a statutory criminal offence involving strict liability

Recommendation 22: where a company or officials knowingly submit a report or other information that is misleading - by inclusion of false statements or omission of relevant facts - the Scottish Ministers should consider an appropriate sanction against the individuals and company

Recommendation 21: local authority officials should be mindful of the distinction in roles between them and councillors, who are solely responsible for strategic decisions, and of their duty to provide accurate reports to councillors to enable them to take informed decisions

The need for local authority officials to scrutinise and challenge the accuracy of information and reports submitted to them should be recognised and respected

Recommendation 20: directors, employees and consultants of the company responsible for the procurement and delivery of the project should not submit information to the local authority that is deceptive or reports that are misleading

Recommendation 19: there should be a collaborative approach to delivering all stages of a project to minimise the risk of the escalation of disputes with associated delays and increased expense

Recommendation 18: representatives of OGC undertaking an independent 'readiness review' of a publicly funded project should be required to interview key personnel involved to ensure each of them understands his/her role and is performing it effectively

Recommendation 17: the governance structure for the delivery of a major project such as a light rail scheme should follow the published guidance and should ensure that there is clarity regarding the respective roles of the various bodies and individuals involved in its delivery

A collaborative approach should be adopted throughout the project by the promoter and owner to achieve an early resolution of any issues that arise and they should assume primary responsibility for co-ordinating the local authority’s response and negotiating the resolution

The local planning authority should produce sufficiently detailed design guidelines prior to the appointment of the designer to enable the designer to take them into account from the outset and improve the prospects of obtaining necessary approvals

Recommendation 16: the designer should engage with the promoter and owner of the project, the procurement and project manager, the local planning authority, utility companies and interested third parties owning land that may be affected by the project to clarify design criteria

Recommendation 15: only a company with suitably qualified permanent employees with experience of the design and construction of a light rail project through a city centre, delivered successfully on time and within budget, should be appointed as the procurement and project manager

Recommendation 14: while some criticism of the Multi-Utilities Diversion Framework Agreement is noted, it is not appropriate to be prescriptive about how the risks associated with utilities diversion are managed. It is sufficient to demonstrate adequate proposals for management

It should also take into account the length of the route, past experience of the time taken for the diversion of utilities in light rail projects in other parts of the UK and any additional constraints peculiar to the project eg work to divert utilities during particular periods

The procurement strategy should include a requirement that the route be exposed and cleared of utilities well in advance of the infrastructure contractors commencing their work and should specify the period that should elapse between the clearance and commencement of construction

Recommendation 13: the procurement strategy for any future light rail project should make adequate provision for the uncertainties concerning the location of utilities and redundant equipment belonging to present and past utility companies, particularly in urban centres

And all discussions relating to publicly funded projects between a Minister and civil servants concerning any negotiations, including negotiations at mediation for settling disputes

This includes all discussions between a Minister and representatives of a local authority, the company responsible for the procurement and delivery of a publicly funded project or the company responsible for its construction

Recommendation 12: for reasons of transparency and accountability for public expenditure, Scottish Ministers should keep minutes of the nature and content of any discussions and reasons for any decisions taken at all meetings, discussions, telephone conversations and in email