Cal Mac legal advice
Just what are CalMac playing at trying to keep their legal advice on Sunday sailings secret?
It's taxpayers money and we have an absolute right to see what is being done in our name.
It won't take long for the information to be dragged from them, through the use of an FoI request, and then we will be able to see exactly what is going on.
Whilst I hold no brief for the LDOS, that they are being impeded by the Government is utterly disgraceful and the intransigence of CalMac on this issue is actually damaging the pro-Sunday sailings campaign.
I believe - with good cause - that the decision has been entirelypolitical Political and has been dressed in a spurious 'human rights' cloak and passed on to CalMac to carry the blame, because Ministers have been too scared to take a decision and stand by it.
Too often we see those really responsible palming off blame onto less senior staff and trying to escape responsibility for their actions. The scapegoats need to be able to recognise when they are being scapegoated, and then to act accordingly.
It's taxpayers money and we have an absolute right to see what is being done in our name.
It won't take long for the information to be dragged from them, through the use of an FoI request, and then we will be able to see exactly what is going on.
Whilst I hold no brief for the LDOS, that they are being impeded by the Government is utterly disgraceful and the intransigence of CalMac on this issue is actually damaging the pro-Sunday sailings campaign.
I believe - with good cause - that the decision has been entirely
Too often we see those really responsible palming off blame onto less senior staff and trying to escape responsibility for their actions. The scapegoats need to be able to recognise when they are being scapegoated, and then to act accordingly.
11 comments:
There is obviously a demand for Sunday Sailings so why the hell do CalMac carry on pussy footing around.
Just start the sailings off now and bring us into the 21st century for goodness sake.
Come on Angus you are an intelligent man who will have more than a passing interest/knowledge of things legal. Surely in your own work as an Accountant you will come across situations where you will not wish to divulge your clients affairs, to any Tom Dick and Harry irrespective of any so called Freedom of Information Acts unless compelled to by a Court.
I have already made the point in a previous posting on this matter, that where there are two differing legal opinions, it is for the Courts to adjudicate on who has the correct opinion. Up until the time the protagonists go to court of course they will want to keep their own legal opinion to themselves. It’s rather like a game of Poker bluff and double bluff. In a shoot out do you give all your bullets to your opponent? I think not.
To me it matters not whether Calmac is state owned or not, they are entitled to the same legal protection as any other business when it comes to how they make their decisions. Sure they will ultimately have to answer to the State as the owner of the business in the end. But we entrust the State to organise a Board of Directors to manage the business on our behalf we should then leave them to get on with it. If we are unhappy in the way the business is run we should be questioning the owner i.e the Scottish Parliament.
I for one have no doubt that Calmac have a legal opinion as they say they do. It is certainly not in their interests to fabricate such a piece of advice. But it will give the like on LDOS and John MacLeod lots of ammunition for their conspiracy theories, but ultimately in my view it just makes them (LDOS and John MacLeod that is) look very foolish and very unworldly.
I read in the Hebridean News that your Company failed to win a accountancy contract because of some skulduggery at the Council, which in time will no doubt be resolved one way or another. But in the mean time I note your silence, and why would that be? For the very same reason that Calmac will defend its right to keep documents secret, neither would want to compromise something now that you might want to rely on later.
Who on earth EVER publishes their legal advice??!
There are many grounds for exemption from FOI requests if you read the Act.
Anon 12:27
LDOS but then they are a bunch of very odd nutters
The whole point of getting legal advice is to be briefed on matters that one does not wish to share with the opposing side so one can then decide the next step.
It is ridiculous, inappropriate and utterly unprofessional to demand that Calmac, publicly owned or not, shares it while there is any prospect of a legal challenge.
As their opponents have already paid for a QC, there is patently just such a prospect.
So your argument is really quite silly and juvenile and would put Calmac at a severe disadvantage - particularly when the LDOS's current opinion is so lukewarm, riddled with caveats and inconclusive.
I don't blame them for sharing it with any Tom, Dick or Harry. It helps no one - least of all the LDOS.
I suspect the Calmac opinion, by contrast, states unequivocally that the Act is pretty much staunchly behind them and to do what they want.
But, hey, I am only a humble lawyer ..
How can there be a legal challenge to something that is not a legal matter. It may be that not running the ferry is in breach of the Act but running the ferry is perfectly legal. This is turning into boring high farce and that Macleod is chief clown.
Why on earth would they make their legal advice public unless they are forced to do so? Would you?
Gordon Jackson’s legal opinion made perfect sense – in the very carefully way it was worded. However if the sole reason for not providing a ferry service on a certain day is due to the religious beliefs of a section of the community then that IS discrimination. A legal opinion from any QC to that effect would be effortless to obtain so CalMac would be foolish in the extreme to ‘invent’ such a claim. I don’t feel the government are ‘impeding’ the LDOS, that’s going a bit far.
Legal facts are simple enough to state and get cleverly worded in your favour, on either side of the argument. Remember OJ Simpson?Ascertaining the reason behind the lack of a 7 day timetable, that would be admissible in a courtroom, is rather more awkward. In the real world, a part of this community has a viewpoint, which is based around their religious beliefs, and that is the sole reason for not having a seven day timetable. That is wrong and discriminatory regardless of whatever a FOI request produces. The reason I have come to this conclusion is:
1) There is a public demand for this service, you can argue all you want about what the ‘majority want but the fact that there is significant public demand is irrefutable.
2) The council can’t claim to be against seven day sailings, ferries sail from 7 of the 9 ports in the Western Isles already. That increases to 8 if you count the ridiculous empty sailing into Tarbert on a Sunday during the winter. I would rather a FOI request to the council on what they base their current anti Sunday sailing stance on.
3) If the lack of a 7 day timetable was for any other reason than religious grounds then some serious questions need to be asked why a public company is not providing a service on certain days of the year when there is MASSIVE demand for that service. The Sunday following the Celtic festival is a perfect example.
CalMac are making a meal of this (to be expected), they’ve not become famous over the years for been a slick PR machine. They should do the community a favour and start these sailings ASAP. If only to let the Hebridean News website return to normality a stop playing that broken record by John Macleod. That nomad who has floated from village to village over the years reaffirms something I read in a wonderful book a few years ago
“the mind of a wee free, often wee but seldom free….”
8.21 totally agree - good contribution to a debate that is fast losing sight of reality
8:21
I agree. So why does JM go on and on. I suspect he has another Agenda. Howabout MP? After all the NO lobby needs a candidate - one perhaps in the public eye.
Ummmm
See What happens on Friday 5pm on Isles FM when he and the NO cronies pack the so called debate being held in Stornoway. Little seen invitation for the YES lobby - looks like poor Phil MacLean will be on his own against a very organised mob.
Debate in MacLeods case is to abuse (cleverly it must be said) the opposition for their persona rather than their argument.
I'm more bothered about the three-ring circus passing for public debate this week, courtesy of Isles FM. Can Calmac seriously be unaware of the intimidation likely to take place against the pro-Sunday sailing lobby? What on earth will be gained by this other than making locals look like antediluvian nutters?
Oh, ok. So that's their strategy. That'll work, then.
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