“Kangaroo Court” claims over council meeting​

The contractor at the centre of a public dispute with Comhairle nan Eilean Siar over their tendering process has vowed to continue the fight, saying “someone needs to hold the council responsible for their actions”.
Duncan MacKay and Sons have a long-standing reputation in the islands and (inset) Comhairle Leader Paul Steele.Duncan MacKay and Sons have a long-standing reputation in the islands and (inset) Comhairle Leader Paul Steele.
Duncan MacKay and Sons have a long-standing reputation in the islands and (inset) Comhairle Leader Paul Steele.

​Hector MacKay, a director of the well-known family-owned civil engineering firm, Duncan MaKay and Sons, was speaking after a special meeting of the council last week backed the actions of their officers.

The issue arose following the tender process for the replacement of a culvert and associated works in Barra. Mr MacKay, whose firm employs over 40 individuals. said their tender was rejected, even though it would have saved the council £500,000.

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A total of nine councillors called for a special meeting to discuss the situation and it was held behind closed doors last Thursday. The Gazette’s local democracy reporter went along to report, but was told to leave the chamber. The council said the meeting was held in private for reasons of commercial confidentiality.

A motion was put forward calling for an external review, but did not receive enough support.

After the meeting, Comhairle Leader Paul Steele said: “The Comhairle’s members heard in detail the process that has been followed in the awarding of this contract and have found officers to have adhered to all due process and consideration.

“The process around the awarding of this contract has been approved by Comhairle officers, an external body, representatives of the Comhairle’s senior management team and now elected members in the chamber. I am satisfied with the conclusion of this matter and with the diligent and compliant work of our professional officers, who have my full support.”

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He added: “The Comhairle values the importance of the local construction industry and its significant contribution to the economy of the Outer Hebrides. The discussions centred around enhancing the relationships and mutual understanding between the Comhairle and contractors as this will be a major factor in delivering future infrastructure to the benefit of our communities.”

However, Mr MacKay remains far from happy and told the Gazette he has now started the process of raising an official complaint with the Scottish Government.

“I am disappointed but not in the least bit surprised,” he said. “It is a bit of a Kangaroo Court when only one side of the story is allowed to be told and no proof or evidence is required to back it up.

“That compounded with the fact that most councillors don’t think it’s right that they should question what the council does really makes you wonder where we are at.

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“One councillor replied to me and said: ‘An independent assessment would mean that we didn’t trust our own officers. That’s a bad signal from us’. Maybe they need to realise their remit is to serve the people of the Western Isles and not the council officers. Questioning what the council officers are doing, and not just accepting what they are told, is exactly what they should be doing.

“Do they not question, like most people do, why the council officers are going to such extremes to avoid an external assessment (paid for by us) when they are so confident they have done everything right and have followed all the correct procedures?”

He added: “I have no intention of letting this go. I have a lot of support from the industry and the general public. Someone needs to hold the council responsible for their actions.”