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Cal Mac refuses to release Sunday ferry advice             22/6/09

 

 

Ferry company Caledonian Macbrayne has infuriated Sabbath traditionalists on Lewis by formally refusing to release details of its legal advice which it claims obliges it to launch a Sabbath-breaking ferry.

The Scottish Government ferry company has outraged the island’s Sunday observance community by preparing to start seven-day sailings between Stornoway and Ullapool.

Cal Mac insists that it obtained legal advice from a QC after inquiries from the Equalities Commission.

But it has point blank refused to reveal its counsel’s opinion fuelling suspicion that the Sunday sailings advice does not exist.

Cal Mac has now rejected a formal bid under the Freedom of Information laws by the local Lord's Day Observance Society (LDOS) to release any papers of any kind on its move to commence Sunday ferries.

The LDOS wanted a copy of the legal Opinion which, CalMac insists, advises they are obliged under new equality laws to run Sunday sailings.

The LDOS also asked for 'copies of all internal correspondence and minutes' between CalMac bosses 'and any third party' – including Scottish Government ministers – since June 2007 on the Sunday ferry controversy.

A courteous email on 29th May from CalMac Records Manager Alan Redhead had suggested some information would be forthcoming.

But Mr Redhead – in two separate letters, one -five pages long – wrote last Thursday that it was 'unable to comply' with the request, on a rack of grounds ranging from the cost of photocopying to 'legal professional privilege' and 'prejudice to effective conduct of public affairs.'

High profile Sunday observance campaigner John Macleod suspects Cal Mac is possibly hiding incriminating evidence.

He said: 'I'm certain that somewhere in all that paperwork is a smoking gun.'
 

Local journalist Mr Macleod is not a member of the LDOS though he is an outspoken campaigner in favour of the traditional Lewis Sunday.

He said: “This is an absolute point-blank refusal and just another instance of ham-fisted PR from a company that belongs outright to us – the taxpayers.

“Caledonian MacBrayne are refusing to release as much as a Post-It note, even though they're trying to force Sunday ferries on our island whether we want them or not and against the express wishes of our own elected council.

'We've got an outfit here which is legally owned and at the last answers to Alex Salmond – and about as open and sunny as North Korea. And there are some very strange discrepancies in CalMac correspondence on this.

He said: “It's difficult now not to feel that there is something locked in those files that Caledonian MacBrayne are very, very anxious to hide – or something missing: did that counsel's Opinion actually exist back in midMay?'

Mr Macleod added: '“I can't speak for the LDOS or comment on what they might do but I've now lodged an FoI request with the Scottish Government, demanding copies of all communications between their Ministers and officials with Caledonian MacBrayne management and directors – everything since May 2007 on this Lewis Sunday sailings issue.”

A spokesman for Cal Mac said: "There is no question that the legal opinion exists.

“We have not ruled out making it available in due course but it would not be appropriate to do so at this stage."