A “FULL and fair” ferry procurement process was carried out, Jersey’s government has argued in response to Brittany Ferries taking legal action after losing out to Danish firm DFDS.
The French ferry firm, which owns incumbent operator Condor Ferries, alleges “procedural unfairness and apparent bias” and wants a judicial review of Economic Development Minister’s Kirsten Morel’s decision to award the Island’s contract to DFDS.
But the government has said it will be “robustly defending” its decision-making process.
The Royal Court granted Brittany Ferries – Guernsey’s preferred bidder – leave “on a limited basis” to challenge Jersey’s decision after hearing an application last Friday.
A further procedural hearing was held on Monday, at which DFDS made its own application against the decision. Further hearings will take place next month.
In an internal memo seen by the JEP, Brittany Ferries chief executive Christophe Mathieu told Condor staff he had raised concerns “regarding the fairness and legality of the process”.
“As my last message to you all before Christmas, I wanted to provide an update to you on the ferry tender process,” he wrote.
“We feel very strongly that we should stand up for what is right and for what all of our staff deserve, after many years of dedicated service to the Islands.
“So last Friday, I attended the Royal Court in Jersey to challenge the government’s decision to appoint DFDS.
“During the hearing, I highlighted serious concerns regarding the fairness and legality of the process and asked the judge to conduct an investigation.
“This is still ongoing, and I will be in touch when there is more to share.
“Ultimately, we won the joint tender, but Jersey simply refused to accept the result. They then started a second process with a predictable outcome.”
A court judgment, published on Tuesday, revealed a number of criticisms put forward by Brittany Ferries.
This included concerns over the way the Jersey-only tender had been designed following the collapse of the initial pan-island procurement process, an alleged lack of reasons as to why the French firm was not awarded the contract and claims that certain public statements had “clearly indicated” a preference for DFDS prior to the start of the Jersey-only tender.
In the judgment, Commissioner Matthew Thompson also outlined the details behind the granting of leave for Brittany Ferries to appeal referring to “allegations of procedural unfairness and apparent bias”.
He wrote: “I appreciate that this decision may have significant ramifications for the Government of Jersey and its desire to enter into a contract with DFDS. However, that is not a relevant consideration in relation to whether or not to grant leave if the relevant test is met and a trial is required.
“Rather, it is relevant to the court and the parties making every effort to have matters resolved as soon as possible so that all parties and, more generally, the Island know where they stand.”
In a statement issued on Tuesday, the government said it was “disappointed” by Brittany Ferries’ legal challenge but would “respect the Court process”.
“Our priority has always been to ensure that the Channel Islands have the best possible ferry services, and the procurement process showed DFDS are best placed to deliver those services,” it continued.
“We conducted a full and fair procurement process. The marking and evaluation were independently overseen, and DFDS won the bid by a large and clear margin.
“Jersey needs high-quality, good value, and resilient sea connectivity, and we are determined to deliver it.
“We are working hard with DFDS to finalise the details of ferry services for next year, and it is already clear that they will be better than the Island currently enjoys.”
It added that “the last thing Islanders need is more uncertainty over ferry services” and that it hoped Brittany Ferries “will respect that”.
“We are grateful to Condor for the service it has provided for Islanders over the years and we would prefer the relationship not to end on this note.
“At a hearing on 20th December the Royal Court gave Brittany Ferries permission to challenge only a limited aspect of our decision-making process by a judicial review. All their other grounds were rejected.”
The statement also noted that a further hearing is due to take place before the Royal Court on 13 and 14 January “to decide the limited ground of challenge”.
“We will be robustly defending our decision and our right to enter into the right contract with DFDS for Jersey.”
News of the legal proceedings emerged just hours after DFDS published a “provisional” timetable for its planned Jersey operations in 2025.
