Public Inquiry Recommendations

ETI-1 Accepted in Part

Edinburgh Tram Inquiry (2023)

Public Inquiry Efficiency

Scottish Ministers should review public inquiries to find cost-effective methods of avoiding establishment delays, potentially creating a dedicated unit within the Scottish Courts and Tribunals Service and publishing updated guidance.

- In November 2023, the Scottish Government stated that guidance on efficient public inquiry establishment was "already in development" and had been shared with recent …

ETI-2 Accepted in Part

Edinburgh Tram Inquiry (2023)

Inquiry Independence

Scottish Ministers must not appoint any department, agency, or government organization as inquiry sponsor where it or its employees had involvement in the project under investigation.

- In November 2023, the Scottish Government stated that guidance similar to that suggested was already in development (Transport Secretary Statement on Edinburgh Tram Inquiry …

ETI-3 Accepted in Part

Edinburgh Tram Inquiry (2023)

Staffing Guidance

Guidance should address: circumstances for civil servant transfers within government; which positions may use agency staff; and whether temporary contracts suit positions unfillable by permanent staff.

- In November 2023, the Scottish Government stated that guidance similar to that suggested was already in development (Transport Secretary Statement on Edinburgh Tram Inquiry …

ETI-4 Accepted in Part

Edinburgh Tram Inquiry (2023)

Inquiry Cost Transparency

When reporting public inquiry costs, Scottish Ministers should disclose net costs to the public purse, excluding previously-incurred accommodation and staffing expenses, alongside total departmental account costs.

- In November 2023, the Scottish Government stated that guidance similar to that suggested was already in development (Transport Secretary Statement on Edinburgh Tram Inquiry …

ETI-5 Accepted

Edinburgh Tram Inquiry (2023)

Business Case Timing

Where Business Cases assume pre-contract completion of design, approvals, or utility diversions, contract negotiations should await completion; otherwise, a revised Business Case reflecting actual conditions must be prepared before signing.

- In November 2023, the Scottish Government stated it already operates in line with best practices for governance and light rail delivery (Transport Secretary Statement …

ETI-6 Accepted

Edinburgh Tram Inquiry (2023)

Optimism Bias in Business Cases

All Business Case versions must include risk assessments accounting for optimism bias per published government guidance.

- In November 2023, the Scottish Government stated it already operates in line with best practices for governance and light rail delivery (Transport Secretary Statement …

ETI-7 Accepted

Edinburgh Tram Inquiry (2023)

External Peer Review

Each Business Case risk assessment should undergo peer review by external consultants experienced in large-scale transportation infrastructure, submitting reports sufficiently before contract signature.

- In November 2023, the Scottish Government stated it already operates in line with best practices for governance and light rail delivery (Transport Secretary Statement …

ETI-8 Accepted in Part

Edinburgh Tram Inquiry (2023)

Update Optimism Bias Guidance

Optimism bias guidance, based on decades-old data, requires updating to include light rail projects and reflect current empirical evidence, with reviews every five years.

- In November 2023, the Scottish Government stated it already operates in line with best practices but would consider updating guidance (Transport Secretary Statement on …

ETI-9 Accepted

Edinburgh Tram Inquiry (2023)

Risk Management Standards

Risk identification and management should be integral to major public-sector contracts, employing probabilistic forecasts, critical review of mitigation claims, constant governance challenge, early warning detection, and quality-focused evidence rather than …

- In November 2023, the Scottish Government stated it already operates in line with best practices for governance and light rail delivery (Transport Secretary Statement …

ETI-10 Accepted in Part

Edinburgh Tram Inquiry (2023)

Joint Working Group with COSLA

Scottish Ministers should establish a joint working group with Convention of Scottish Local Authorities representatives to leverage Transport Scotland's project management experience and expertise for light rail projects.

- In November 2023, the Scottish Government stated that "effective collaboration sits at the heart of this Government" and cited the Verity House Agreement as …

ETI-11 Accepted in Part

Edinburgh Tram Inquiry (2023)

Public Fund Protection

Scottish Ministers and local authorities funding light rail should protect public funds through: conditional grant payments with review hold points; critical review and approval of Business Cases and contracts; involvement …

- In November 2023, the Scottish Government stated that while responsibility for delivery remains with councils as project leads, the Government committed to championing closer …

ETI-12 Accepted

Edinburgh Tram Inquiry (2023)

Record Keeping Requirements

For transparency, Scottish Ministers should maintain minutes documenting: discussions and decisions between Ministers and civil servants regarding publicly-funded project involvement; discussions with local authorities and contractors; and negotiations, including mediation …

- In November 2023, the Scottish Government stated that "robust and enhanced procedures regarding minute-taking and documentation management have also been embedded within the Government …

ETI-13 Accepted

Edinburgh Tram Inquiry (2023)

Utility Diversion Planning

Light rail procurement strategies must adequately address utility location uncertainties, requiring route exposure and clearance well before construction, specifying elapsed time between clearance and commencement, considering route length and past …

- In November 2023, the Scottish Government stated it already operates in line with best practices for governance and light rail delivery (Transport Secretary Statement …

ETI-14 Accepted

Edinburgh Tram Inquiry (2023)

Utility Diversion Risk Management

While acknowledging utility diversion approaches, promoters should demonstrate adequate risk management proposals without prescriptive requirements regarding MUDFA versus bow wave methods.

- In November 2023, the Scottish Government stated it already operates in line with best practices for governance and light rail delivery (Transport Secretary Statement …

ETI-15 Accepted

Edinburgh Tram Inquiry (2023)

Qualified Project Management

Project promoters should appoint procurement and project managers with qualified, experienced permanent employees who have successfully delivered similar projects on time and within budget.

- In November 2023, City of Edinburgh Council Leader Cammy Day stated that the Council broadly agreed with Lord Hardie's recommendations and noted improvements had …

ETI-16 Accepted

Edinburgh Tram Inquiry (2023)

Design Engagement Process

Following designer appointment, continuous engagement with promoters, owners, project managers, planning authorities, utility companies, and affected landowners should clarify design criteria, with local planning authorities producing detailed design guidelines beforehand …

- In November 2023, the Council stated it broadly agreed with Lord Hardie's recommendations, noting improvements had been implemented for Trams to Newhaven (City of …

ETI-17 Accepted

Edinburgh Tram Inquiry (2023)

Governance Structure

The governance structure for the delivery of a major project such as a light rail scheme should follow published guidance and ensure clarity regarding the respective roles of various bodies …

- In November 2023, the Council stated it broadly agreed with Lord Hardie's recommendations, noting that governance improvements had been implemented for Trams to Newhaven …

ETI-18 Accepted

Edinburgh Tram Inquiry (2023)

Effective Communication and Reporting

There should be effective communication and reporting at all stages of the project, including accurate progress reports to councillors and stakeholders, with clear escalation procedures for issues that may affect …

- In November 2023, the Council stated it broadly agreed with Lord Hardie's recommendations, noting improvements in communication and reporting had been implemented for Trams …

ETI-19 Accepted

Edinburgh Tram Inquiry (2023)

Collaborative Delivery

At all stages of the project there should be a collaborative approach to delivering it, including co-location of representatives from each organisation relevant to the particular stage, enabling issues to …

- In November 2023, the Council stated it broadly agreed with Lord Hardie's recommendations, noting that co-location of representatives had been successfully adopted on the …

ETI-20 Accepted

Edinburgh Tram Inquiry (2023)

Prohibition on Misleading Reports from ALEOs

The directors, employees and consultants of the company responsible for the procurement and delivery of the project as project managers, including an arm's-length external organisation (ALEO) wholly owned by the …

- In November 2023, the Council stated it broadly agreed with Lord Hardie's recommendations (City of Edinburgh Council response, November 2023). - The Council committee …

ETI-21 Accepted

Edinburgh Tram Inquiry (2023)

Duty of Officials to Councillors

Local authority officials should be mindful at all times of the distinction in roles between them and councillors, who are solely responsible for strategic decisions, and of their duty to …

- In November 2023, the Council stated it broadly agreed with Lord Hardie's recommendations (City of Edinburgh Council response, November 2023). - The Council committee …

ETI-22 Under Consideration

Edinburgh Tram Inquiry (2023)

Civil Sanctions for Misleading Reports

Where a company, including an ALEO, knowingly submits a report or other information to local authority officials that is misleading by reason of the inclusion of false statements or the …

- In November 2023, the Scottish Government stated it was "giving careful consideration" to the recommendations about civil damages provisions for misleading evidence, noting that …

ETI-23 Under Consideration

Edinburgh Tram Inquiry (2023)

Criminal Sanctions for Misleading Information

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

- In November 2023, the Scottish Government stated it was "giving careful consideration" to the recommendations about criminal statutory offences for misleading evidence, noting that …

ETI-24 Under Consideration

Edinburgh Tram Inquiry (2023)

Duty of Disclosure Legislation

Scottish Ministers should consider the need for legislation to impose a similar duty of disclosure to that owed by policyholders to their insurers upon a company, its directors, employees or …

- In November 2023, the Scottish Government stated it was "giving careful consideration" to the recommendations about provisions for misleading evidence (Transport Secretary Statement on …