THE SNP's deputy leader said he has 'nothing further to add' after coming under fire by a Holyrood committee for ducking questions about issues over the ferry fiasco contract given to tycoon Jim McColl's Ferguson Marine.
Richard Leonard, convener of the Public Audit Committee, which launched an inquiry into the events surrounding the award of the contract for two lifeline ferries in October, 2015 said there was "concern" over Keith Brown's responses over the scandal.
Then First Minister, Alex Salmond, personally intervened to save the yard in 2014 and persuaded Mr McColl, a member of his council of economic advisers, to take it over just a week before the Scottish independence referendum.
The committee is examining public spending watchdog Audit Scotland's findings that included that the £97m order was given to Ferguson Marine without the normal builder's refund guarantees, which would protect the vessel procurers, Scottish Government-controlled ferry procurers Caledonian Maritime Assets Limited (CMAL), if anything should go wrong.
The ships, still being built at the Port Glasgow yard, will be over five years late and could cost £340m.
Mr Brown, the justice secretary who served as infrastructure secretary with responsibility for ferry services while the contract was awarded to Ferguson Marine, has come under fire from the committee convener for the level of answers he has given about his knowledge surrounding the botched contract.
When Mr Leonard, asked him to clarify his involvement and knowledge of the ferries contract he confirmed he received a written submission from officials recommending the award of the contract, but failed to answer whether the then-transport minister Derek Mackay had raised any concerns about the procurement with him.
Mr Leonard wrote to Mr Brown saying the committee expressed "concern" over his responses to various questions, including that he had failed to explain what information Mr Mackay shared with him about the status of the procurement of the ferry vessels, and specifically whether he raised any concerns before going on annual leave during the summer of 2015, before the contract was finally awarded.
Mr Brown had again been asked about what direct action he took on reading the detail of CMAL's concerns over the potential awarding of the contract to Ferguson Marine. CMAL raised concerns that a full builder’s guarantee was not part of the agreement, but the decision was taken to award the deal to Ferguson regardless.
An Audit Scotland report found there was insufficient “documentary evidence” to show why the decision was taken forward without the guarantee, something described as a source of “frustration” for the body.
Mr Brown has responded saying: "I have, as requested, reviewed my responses to the three questions put by the committee and I am content that those responses are accurate and that I do not have any further information to provide."
He reiterated a previous Scottish Government stance that ministers were not aware of the potential issues with the contract at the point the decision on the preferred bidder was made in August, 2015.
Mr Brown was also again asked if he would confirm whether Mr Mackay highlighted any concerns about the ability of shipyards tendering for the contract, to provide a full builders refund guarantee, between February and August 2015, either orally or in writing.
And was asked again if he was aware of correspondence received from Stuart McMillan MSP regarding the procurement process for ferry contracts and his subsequent response. The Herald revealed that Mr McColl's Ferguson Marine received written guidance from Mr Mackay that refund guarantees were not mandatory to win building work.
Mr Mackay told a Mr McMillan in a letter six months before Mr McColl’s Ferguson Marine yard became preferred bidder that transport bosses saw refund guarantees as only “a preference”.
He added that state-owned ferry owner and procurement firm Caledonian Maritime Assets Limited (CMAL) had “on occasion taken alternative approaches” to the bonds while explaining how a “different approach" may be required for shipbuilding contracts”.
Mr Mackay, now an ex-minister who resigned in a sleaze scandal involving a teenager in 2020 has been blamed for signing off the contract to build the new vessels despite a number of red flags over the finances.
It is not the first time Mr Brown had come under fire for dodging questions about the ferry fiasco.
In April, Mr Brown dodged inquiries from reporters on the matter by swiftly entering the parliament canteen.
Read more by Martin Williams
. Scot Gov 'squandered' £200m to nationalise Ferguson Marine
. Jim McColl: FM should have known about ferry crisis five years ago
. Scot Gov finds £33m to fund NHS wage rises as cost of living gap soars
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