Edinburgh Tram Inquiry

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 project should appoint as its procurement and project manager a company with suitably qualified and experienced permanent employees that has delivered a similar project successfully on time and within budget or can demonstrate that it will be able to do so.

In December 2023, Andrew Kerr, Chief Executive of the City of Edinburgh Council, recommended that it adopt the recommendation, noting that the inquiry report highlighted insufficient delivery experience to assure proper management (Andrew Kerr response, Dec 2023). He stated that procurement and project management is "key to success" and that demonstrable experience should be secured as part of light rail delivery (Andrew Kerr response, Dec 2023). The record holds no update since the Council's response of December 2023 (Andrew Kerr response, Dec 2023).

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 manager, the local planning authority, the utility companies and interested third parties owning land that may be affected by the project to clarify their design criteria. In such discussions throughout the design of the project the promoter and owner of the project should co-ordinate responses to the various stages of design and, in doing so, should take into account the competing interests of different parties and of various departments within any local authority exercising different statutory functions as well as the significance of the project in the context of the community as a whole and should provide all necessary assistance and clear and timeous instructions to the designer to avoid delays and additional expense. In that regard: • prior to the appointment of the designer the local planning authority ought to produce sufficiently detailed design guidelines to enable the designer to take them into account from the outset when designing the tram network and to improve the prospects of obtaining the necessary consents and approvals without requiring repeated re-submission of designs that will result in delay to the project with resultant expense; • throughout the project a collaborative approach should be adopted by the promoter and owner to achieve an early resolution of any design issues that arise; and • the promoter and owner should assume primary responsibility for co-ordinating the local authority’s response and for negotiating the resolution of all issues to enable clear instructions to be issued to the designer and to avoid re-design of sections of the route following reconsideration of matters that have been resolved at an earlier stage.

In December 2023, Andrew Kerr, Chief Executive of the City of Edinburgh Council, recommended that it adopt the recommendation to produce detailed design guidance, collaborate with the designer, and coordinate responses to design queries, noting that the absence of a single point of contact prior to mediation had led to confusion regarding its position (Andrew Kerr response, Dec 2023). The record holds no update since the City of Edinburgh Council's response of December 2023 (Andrew Kerr response, Dec 2023).

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 respective roles of the various bodies and individuals involved in its delivery. In particular, the chairman of the company responsible for the procurement and management of the project should not also be its chief executive.

In December 2023, Andrew Kerr, Chief Executive of the City of Edinburgh Council, agreed that future governance structures for major projects must follow up to date guidance and clearly set out the roles and responsibilities of bodies and individuals (Andrew Kerr response, Dec 2023). He recommended that it adopt the recommendation and seek assurance that these roles are understood (Andrew Kerr response, Dec 2023). The record holds no update since the Council's response of December 2023 (Andrew Kerr response, Dec 2023).

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 reached and having an interest in its completion to enable any issues to be addressed and resolved at the earliest opportunity, thereby minimising the risk of the escalation of disputes with associated delays and increased expense.

In December 2023, Chief Executive Andrew Kerr recommended adopting the recommendation on collaborative delivery, reporting that the advantage of co-locating representatives with an interest in project completion was understood and had already been "successfully adopted on the Trams to Newhaven project" (Andrew Kerr response, Dec 2023). The record holds no update since the City of Edinburgh Council's response of December 2023 (Andrew Kerr response, Dec 2023).

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 local authority that is the promoter and owner of the project, should not submit to the local authority information that is deceptive or reports that are misleading either by the inclusion of false statements or by the omission of references to facts that might influence the strategic decisions of councillors if they were disclosed. In that regard they should recognise and respect the need for local authority officials to scrutinise and challenge the accuracy of information and reports submitted to them and should not seek to frustrate, or interfere with, the instruction of independent consultants to advise officials on the accuracy of the risk assessment in such reports or on the terms of any draft contracts for which they seek authority to sign.

The Inquiry recommended that external project bodies not submit misleading reports to councils. In December 2023, Andrew Kerr, Chief Executive of City of Edinburgh Council, stated that work was underway on a framework to strengthen scrutiny and formalise candour in governance agreements, alongside existing procurement rules against misleading tenders (Andrew Kerr response, Dec 2023). He noted that this review would report in 2024, but did not mention protecting the instruction of independent consultants (Andrew Kerr response, Dec 2023).

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 provide accurate reports to councillors to enable them to take informed decisions based upon the reality of the situation. Such reports should not be misleading either by the inclusion of false statements or by the omission of relevant facts. Where officials prepare and submit reports based upon reports to them from an ALEO acting as the procurement and delivery vehicle, they should not assume the accuracy of these reports based upon the adoption of a “one family” approach involving the local authority and the ALEO.

In December 2023, Andrew Kerr, Chief Executive of the City of Edinburgh Council, reported that the council accepted the recommendation, noting that training on the Member/Officer Protocol was being delivered to senior officers to reinforce the distinction between officer and councillor roles (Andrew Kerr response, Dec 2023). He stated that measures to ensure officers do not assume the accuracy of reports from arm's-length external organisations would be reviewed and strengthened under a framework reporting in 2024 (Andrew Kerr response, Dec 2023). The record holds no update since the council's response of December 2023 (Andrew Kerr response, Dec 2023).