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The Holyrood Inquiry

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SP Paper 205

15 September 2004

 

A Report by the Rt Hon Lord Fraser of Carmyllie QC on his Inquiry into the About Holyrood Project

This report, presented to the First Minister, Rt Hon Jack McConnell MSP and the Presiding Officer, Rt Hon George Reid MSP, is laid before the Scottish Parliament by the Rt Hon Lord Fraser of Carmyllie QC and is published by the Clerk of the Scottish Parliament under the authority of the Parliament in accordance with a resolution of the Parliament of 24 June 2004.

Contents

Introduction

1. Events Prior to 1 May 1997
    
The 1979 Referendum
    Scottish Constitutional Convention
    Labour’s 1997 Manifesto
    Briefing for Incoming Ministers

2. White Paper "Scotland’s Parliament" to the Passing of the Scotland Act 1998
    
The Ministerial Team
    The Civil Service Team
    Drafting the White Paper — Site Selection
    Cost Estimates in the White Paper
    The Origins of the £24.5 to £34 million Range
    The Origins of the £10 million Figure
    The Origins of the £40 million Figure
    Was the Figure of £40 million Realistic?
    Funding from the Scottish Block
    PFI/PPP — Funding
    Referendum and the Scotland Act

3. Selection of the Holyrood Site
    
Feasibility of the Old Royal High School Site
    Four Site Options Considered
    Short-list of Three Potential Sites
    Inclusion of the Holyrood Site on the Short-list

4. Appointment of the Architect
    
The Decision to Hold a Designer Competition
    Form of the Competition and its Announcement
    Conduct of the Competition
    The Appointment of the Selection Panel
    Evaluation of Pre-Qualification Questionnaires
    The Short-listing Process
    Public Display of Concept Designs
    EMBT/RMJM Ltd Joint Venture and Contractual Arrangements
    External Advice to the Selection Panel
    Costing of Concept Designs
    Final Selection Interview and Decision
    The Tender Opening Process

5. The Evolution of the Building User Brief
    
Purpose of the Brief
    The Appointment of Mr Bill Armstrong
    Early Development of the Brief
    Scottish Parliament Building Steering Group and the Consultative Steering Group
    Further Development of the Brief
    Increases in Area
    The Shape of the Debating Chamber
    Adequacy of the Brief

6. Construction Management
    
What is Construction Management?
    Identifying a Contract Strategy
    Advantages and Disadvantages of Construction Management
    Selection of Construction Management

7. The Appointment of the Construction Manager
    
Initial Steps
    Evaluation of the Tenders
    Candidates for Final Interview
    The Selection and Appointment of Bovis

8. Project Management 1998 to 1 June 1999
    
The Project Management Structure
    The £50 million Budget — Early Days
    Delivery of Design Information
    Enric Miralles’ Presence in Edinburgh
    Growing Tensions
    Resignation of Mr Armstrong
    Budget Increase — Spring 1999

9. The Project from Handover to February 2000
    
Health of the Project at Handover
    Position with the Project in the Period Leading up to Handover
    Handover of the Project to the Scottish Parliamentary Corporate Body (SPCB)
    The Project Team
    Power of the SPCB to Delegate
    Briefing the SPCB
    Procedures of the SPCB
    The Parliamentary Debate of 17 June 1999
    Discussion of Costs during the Debate
    Landscaping
    History of the Project after the June 1999 Debate
    Debating Chamber Redesign
    Increased Space Requirements and Budget
    State of the Project in August 1999
    The Aftermath of the Project Review
    Design Team Issues
    Reporting of Costs to the SPCB
    Value Engineering
    Feasibility Study

10. Early 2000 and the Establishment of the Holyrood Progress Group
    
Concerns about the SPCB
    Mr Spencely’s Methodology
    Was a ‘Pause’ Recommended?
    Reaction of the Consultants
    The SPCB Report on Mr Spencely’s Investigation
    The Parliamentary Debate of 5 April 2000
    Genesis of the Holyrood Progress Group (HPG)
    Formation of the HPG
    Memorandum of Understanding
    Training for HPG Members

11. The Holyrood Project June to December 2000
    
Progress to Stage D
    Stage D — The Cost Plan
    Agreement of the Cost Plan
    Stage D — Adequacy of Design
    Robustness of Stage D
    Guaranteed Maximum Price
    The Death of Snr Miralles
    Cost Reporting to the HPG
    The Death of Donald Dewar
    September 2000 Report of the Auditor General for Scotland
    Scottish Parliament Audit Committee’s 6th Report
    Health of the Project — December 2000

12. The Project from Late 2000
    
The Appointment of Mr Alan Ezzi
    Cost Cutting Exercises
    Loss of Confidence in Mr Ezzi
    Performance of Mr Ezzi
    The Appointment of Ms Sarah Davidson
    The Parliamentary Debate of 21 June 2001
    Cost Escalation — The Foyer Roof
    Cost Escalation — Kemnay Granite
    Tensions within EMBT/RMJM Ltd
    Design Freeze
    Fee Capping

13. Planning, Queensberry House and the Role of Historic Scotland
    
The Building, its Symbolism and Condition
    The NOPD Procedure and the Role of the City of Edinburgh Council
    The Role of Historic Scotland
    The Simpson & Brown Report
    Archaeological Studies
    Re-Categorisation of Queensberry House
    Change of Chief Inspector
    Roof Covering
    Flooring
    The Belvedere Tower
    The Enfilade
    The Wallhead Height
    The Spencely Report of March 2000
    Cost of Queensberry House
    Impact on Overall Cost and Programme

14. Programming and Design Delay
    
Factual Background
    Programming and the Construction Manager
    Contractual Responsibilities for Programming
    Delays in the Programme

15. Security Issues
    
Overview
    Security Requirements
    Security Consultants
    Impact of Events of 11 September 2001
    Costs

16. The Holyrood Project from Autumn 2003 Onwards
    
Introduction
    Monthly Reporting to the SPCB
    New Project Director
    Completion

Conclusions and Recommendations
    
Principal Conclusions
    Summary of Main Findings
    Recommendations

Annex A - Chronology of Key Events

Annex B - Who’s Who

Footnotes

Acknowledgements

The conclusion of my Report could not have been achieved without the masterful work of Derek Bearhop as Secretary to the Inquiry. As this Report will reveal, I am not uncritical of the performance of a number of public servants from which criticism Derek is wholly excepted. Scotland should be proud that it has in Derek Bearhop such a fearlessly independent public servant with a keen eye for detail, unswerving objectivity and a preparedness for hard work.

Diane Barr from the Scottish Parliament has, to my advantage, demonstrated her high intelligence and her incomparable capacity for hard work. She and Derek were central to the task and I acknowledge, with the greatest respect, their contributions.

Lauren Drummond was irrepressibly charming and helpful and if she had not already achieved her ambition of joining a Ministerial Private Office, that would have been one clear recommendation I would willingly have offered the First Minister.

Jonathan Elliott was a quiet but thoroughly effective member of the Team and valued by all.

John Campbell, Counsel to the Inquiry, is now, with cause, after the brilliance of his questioning throughout the Inquiry probably the most famous QC in Scotland. He could not have achieved that immense reputation without the tireless and assiduous work of Douglas Tullis assisting him. Lawyers do not come better than Douglas.

Jim Cassidy and Archie Mackay of Media 2k have been invaluable with their shrewd and skilled media advice.

We were all working on the principles of openness and transparency. Neither could have been achieved without the contributions of this small Team. The mould of past inquiries in Scotland has been broken and their workings will never again be allowed to become remote or opaque.

 

ISBN 1-4061-0013-7
© Scottish Parliamentary Corporate Body 2004.

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