Questions and answers

Question reference: S5W-14024

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 24 January 2018
Current Status: Answered by Derek Mackay on 6 February 2018

To ask the Scottish Government what its position is on introducing legislation to ensure that all retention sums for public sector construction works are put into a protected fund.

Question reference: S5W-14023

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 24 January 2018
Current Status: Answered by Derek Mackay on 6 February 2018

To ask the Scottish Government what its position is on introducing measures to ensure that all public sector procurers operate a so-called yellow/red card system to ensure that if the lead contractors do not pay their supply chain within 30 days they will be barred from bidding for public sector works for at least two years.

Question reference: S5W-14025

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Wednesday, 24 January 2018
Current Status: Answered by Derek Mackay on 6 February 2018

To ask the Scottish Government what its position is on whether the level at which public sector project bank accounts are put in place should be set at £2 million, in line with the practice in Wales and Northern Ireland.

Question reference: S5W-13995

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 22 January 2018
Current Status: Answered by Keith Brown on 2 February 2018

To ask the Scottish Government which contracts Carillion has that affect (a) the government's workforce, (b) non-departmental public bodies and (c) the Registers of Scotland.

a) The Scottish Government has no contracts with Carillion, therefore the government’s workforce has not been affected.

b) The Scottish Children’s Reporter Administration has one contract for Facilities Management Services that commenced 6 January 2014 and is due to expire
5 September 2018. Highlands and Islands Enterprise have two contacts for Facilities Management, one which commenced on 2 May 2016 and is sue to expire
1 May 2019 and other which commenced 22 March 2017 and is due to expire
6 March 2020. Contingency measures have been put into place to ensure continuation of service delivery and therefore there should be no effect to either Scottish Children’s Reporter Administration or Highlands and Islands Enterprise.

c) The Registers of Scotland Administration has one contract for Facilities Management Services that commenced 1 October 2013 and is due to expire
30 September 2018. Contingency measures have been put into place to ensure continuation of service delivery and therefore there should be no effect to the Registers of Scotland.

Question reference: S5W-13903

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Tuesday, 16 January 2018
Current Status: Answered by Keith Brown on 30 January 2018

To ask the Scottish Government what action it took after July 2017 in relation to (a) construction and (b) facilities management contracts with Carillion.

Where existing contracts were in place with Carillion and as part of on-going Contract Management of all its major contracts the Scottish Government monitors the financial health of its contractors. Due to the varying size and complexity of the contracts involved the type and level of assessment is undertaken on a contract by contract basis and is proportionate and relevant.

In relation to (a) on Aberdeen Western Peripheral Route, the Scottish Government has continued to work closely with the Joint Venture partners (Balfour Beatty and Galliford Try) and have sought assurances from Carillion’s partners that they would be able to continue the contract.

In relation to (b) the Scottish Government contacted Scottish public bodies that had facilities management contracts with Carillion with advice and support on contingency planning.

Question reference: S5W-13904

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Tuesday, 16 January 2018
Current Status: Answered by Keith Brown on 30 January 2018

To ask the Scottish Government what alternative providers have been identified for the public sector bodies with facilities management contracts with Carillion; what process was used to identify these providers, and whether consideration was given to taking the services in-house in each case.

The information is provided in the following table:

Contract Name

Contracting Authority

Action

Process to identify replacement providers

Consideration given to take services in house

FM for An Lochran	Highlands and Islands Enterprise	Close partnership working with primary contractors and developing relationships with their sub-contractors and suppliers.
Centre for Health Science Facilities Management	Highlands and Islands Enterprise	Close partnership working with primary contractors and developing relationships with their sub-contractors and suppliers.

Consideration was given to the urgency of ensuring continuity of public service provision whilst taking into account the welfare of all workers on the contract. Direct engagement with sub-contractors was identified as the most effective route to deal with these concerns.

Highlands & Islands Enterprise are considering how best to deliver our Facilities Management requirements moving forward and as part of this review we will consider whether any elements of the Facilities Management work could be taken back in house.

Contract for the Provision of Facilities Management Services	Scottish Children’s Reporter Administration	Negotiating with Carillion’s sub-contractors to continue with service provision.*	The key concern in relation to identifying replacement providers was to secure on-going public service delivery. As Carillion sub contracted the work in this instance the existing sub-contractors were identified as the providers that would be able to continue the work with minimal service disruption.	No – due to lack of internal resource and appropriate skillset.
Facilities Management Framework (Crown Commercial Services)	Registers of Scotland	Negotiating with Carillion’s sub-contractors to continue with service provision.*	Registers of Scotland has invoked it’s business continuity plan for facilities management services and we are looking to put short term contracts in place with existing sub-contractors. These contracts will allow Registers of Scotland to assess all options for replacement and adjustments to these services.	The Carillion contract was due to end on 30 September 2018 and work had already begun to identify our future facilities management services requirements. These activities include considering whether we should appoint an alternative contractor or contractors and whether we may bring some services in-house.
West of Scotland Housing Association – Planned Maintenance	West of Scotland Housing Association	Contract being novated to second placed contractor from original contract competition.	It was determined that novating the contract to the second placed contractor from the original contract competition was the best route to ensure continuity of service provision to tenants whilst taking into account the welfare of all workers on the contract.	No as no trades people are currently employed in house. It was previously considered before the procuring of the existing contract but was deemed unsuitable due to the infrastructure required.

NHS Greater Glasgow and Clyde – Facilities Management at Langlands Care for the Elderly

NHS Greater Glasgow and Clyde

PFI contractors taking over the work.

N/A

* Please note as this is subject to commercial negotiations it would be inappropriate to name Carillion’s sub-contractor

Question reference: S5W-13860

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 15 January 2018
Current Status: Answered by Keith Brown on 29 January 2018

To ask the Scottish Government what the terms are of the Aberdeen Western Peripheral Route contract regarding the obligations placed on Carillion.

In situations such as this our first thoughts are always with those Carillion employees who will be concerned for their jobs.

Carillion forms a one third part of the Aberdeen Roads Limited (ARL) consortium and its construction joint venture together with Balfour Beatty and Galliford Try. The construction partners of ARL are joint and severally liable for the completion of the works.

We understand that Balfour Beatty and Galliford Try will now take the necessary steps to jointly deliver the remainder of this project. We will continue to work closely with ARL to assess and mitigate any impacts that may arise as a consequence of this announcement, particularly in respect of those people employed by Carillion..

Question reference: S5W-13851

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 15 January 2018
Current Status: Answered by Shona Robison on 29 January 2018

To ask the Scottish Government what assessment it has made of the responsibility of (a) NHS boards and (b) local authorities to provide hospice provision and respite support for young disabled adults with muscular dystrophy and other long-term progressive conditions.

The Public Bodies (Joint Working) (Scotland) Act 2014 makes clear that it is the responsibility of Integration Authorities to commission and plan services and supports to meet the needs of their local population. It is expected that when commissioning services and supports that Integration Authorities extensively engage with their local communities to ensure that they best meet local need.

Additionally the Scottish Muscle Network, funded by NHS Scotland National Services Division, brings together a wide range of stakeholders across health and social care, to drive forward improvement in services and support for young disabled adults with muscular dystrophy and other neuromuscular conditions.

Question reference: S5W-13859

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 15 January 2018
Current Status: Answered by Keith Brown on 29 January 2018

To ask the Scottish Government whether Carillion is involved in any joint ventures on Scottish public sector contracts, and what the impact will be should the company cease trading.

We are continuing an extensive exercise to gather as much information as possible with respect to public and private contracts where Carillion have been involved.

Through making using of the Public Contract Scotland system where Contract Award Notices are published, Carillion are involved in following live joint ventures - Aberdeen Western Peripheral Route and Shotts Electrification scheme.

Carillion’s partners in the Aberdeen Western Peripheral Route Joint Venture are Balfour Beatty and Galliford Try who are taking over all works previously undertaken by Carillion.

The Shotts Electrification scheme is a joint venture between Carillion and SPL. In the event of one party becoming insolvent, the other will assume responsibility for delivering the work. Network Rail have received an assurance from Carillion’s Joint Venture SPL, that they will continue with the works and that they will secure the necessary resource in order to do so.

Question reference: S5W-13857

Asked by: Jackie Baillie, MSP for Dumbarton, Scottish Labour
Date lodged: Monday, 15 January 2018
Current Status: Answered by Keith Brown on 29 January 2018

To ask the Scottish Government which current Scottish public sector construction contracts involve Carillion, and what the (a) value and (b) expected completion date is of each of these.

We are continuing an extensive exercise to gather as much information as possible with respect to public and private contracts where Carillion have been involved. Through making using of the Public Contract Scotland system where Contract Award Notices are published there are two framework/contracts which are currently live and defined as Works under Procurement Regulations.

North Glasgow Housing Association Ltd hold a Framework Agreement for the Provision of General Builders Work and Sundry Services North Glasgow which has an estimated value of (a) £1,577,115.71 and an expected completion date of (b) 9^th February 2018. To date Carillion have not been engaged on this framework.

Transport Scotland hold a contract for the Aberdeen Western Peripheral Route, through Aberdeen City Council as agent, of which Carillion are a partner with Balfour Beatty and Galliford Try in a Joint Venture. This is an Non Profit Distributing contract with an equivalent capital construction value of (a) £533,000,000 and in terms of the expected completion date (b) work is well advanced and the project is due to open in Spring 2018. However, whilst the situation with Carillion does not in itself affect project delivery timescales, given the scale of the recent announcement concerning the insolvency of Carillion Construction Ltd, it is important that we now take the necessary time to work closely with Aberdeen Roads Ltd to identify any impacts on delivery. We will then consider what can be done to mitigate any issues that may arise as a consequence of this issue.

Chamber and committees