Public Inquiry Recommendations

ETI-1 Accepted in Part

Edinburgh Tram Inquiry (2023)

Public Inquiry Efficiency

Scottish Ministers should undertake a review of public inquiries to determine the most cost-effective method of avoiding delay in the establishment of an inquiry, including consideration of establishing a dedicated …

- 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

In any event Scottish Ministers should not appoint as the sponsor of any public inquiry any department, agency or other government organisation where it, or any of its employees, has …

- 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

The guidance mentioned in the first recommendation should include: advice concerning the circumstances in which civil servants in the inquiry team may properly transfer to posts, other than promoted posts, …

- 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

In reporting the cost of a public inquiry Scottish Ministers should report its net cost to the public purse, after discounting expenditure already incurred on accommodation, staff and other resources, …

- 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 the Business Case for any future light rail project is based upon an assumption that, prior to the award of the contract for the construction of the infrastructure, certain …

- 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 versions of the Business Case, including any Business Case required as a result of altered assumptions, should include an assessment of risk that takes account of optimism bias in …

- 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

The assessment of risk at each stage mentioned in Recommendation 6 should be the subject of a peer review by external consultants with experience of similar large-scale infrastructure projects in …

- 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

The existing Guidance on optimism bias was based on empirical data available almost two decades ago and should be revised to take into account the additional data that is now …

- 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

The identification and management of risk should be an integral part of the governance of all major public-sector contracts in future. In identifying and managing risk the following principles should …

- 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

In the interests of protecting the public purse and maximising the benefits from public expenditure on major projects, the Scottish Ministers should contemplate establishing a joint working group consisting of …

- 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

The Scottish Ministers and local authorities responsible for funding light rail projects should be mindful at all times of their obligation to protect public funds and to obtain value for …

- 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 reasons of transparency and accountability for public expenditure, the Scottish Ministers should keep minutes of: • the nature and content of any discussions and the reasons for any decisions …

- 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

The procurement strategy for any future light rail project should make adequate provision for the uncertainties concerning the location of utilities and redundant equipment belonging to present and past utility …

- 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

Although some participants in the Inquiry criticised the use of MUDFA to divert utilities in advance of the infrastructure works and advocated the “bow wave” approach to the diversion of …

- 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

In recognition of the various difficulties likely to be experienced in the design and construction of a light rail project through a city centre, the promoter and owner of the …

- 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

Immediately following the appointment of the designer, and throughout the design of the project, the designer should engage with the promoter and owner of the project, the procurement and project …

- 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 the published guidance and should ensure that there is clarity regarding the …

- 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)

Interviews of Key Personnel in Readiness Reviews

As part of their investigations, representatives of OGC undertaking an independent “readiness review” of a publicly funded project and representatives of any person, including representatives of any public body such …

- 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. This should include the co-location of representatives from each organisation relevant to the particular stage …

- 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 any civil liability arising from any sanction introduced in accordance with Recommendation 22, the Scottish Ministers should consider whether there is a need for a statutory criminal …

- 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

The Scottish Ministers should also give consideration to the need for legislation to impose a similar duty of disclosure to that owed by policyholders to their insurers upon a company, …

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