Jersey Government Expresses Disappointment Over Ferry Contract Legal Challenge

The government of Jersey has stated its “disappointment” regarding a ferry company’s legal action against a minister concerning the decision to grant the ferry and freight travel contract to the Danish company DFDS. Brittany Ferries declared on Monday its intention to pursue legal action against Kirstin Morel, the Minister for Sustainable Economic Development, who was tasked with negotiating ferry services. Minister Morel had awarded the contract for operating Jersey’s ferry connections to DFDS in early December. The government affirmed its respect for the judicial process, adding that it would be “robustly defending our decision.” It stated: “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.” The government further commented: “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.” It concluded this point by saying: “Jersey needs high-quality, good value, and resilient sea connectivity, and we are determined to deliver it.” The Royal Court has granted Brittany Ferries a judicial review concerning two particular aspects. The first pertains to the Jersey government’s alleged failure to provide adequate justification for its reservations regarding the company’s proposal during the initial joint tender process. Additionally, the court indicated that any concerns should have been communicated clearly to all bidders prior to the commencement of the Jersey-only tender process. While the court accepted a judicial review on the grounds of apparent bias, it noted that this specific allegation barely met the required threshold. According to the commissioner, the argument that the government initiated a new process with altered requirements due to a predetermination for DFDS was deemed sufficiently robust to satisfy the criteria for a judicial review. The government reported that during a hearing on December 20, the court granted Brittany Ferries permission to challenge “only a limited aspect of our decision-making process by a judicial review,” adding that “all their other grounds were rejected.” The government also stated that DFDS is in the process of finalising its ferry service schedule for the upcoming year, and that it is “already clear that they will be better than the island currently enjoys.” It further commented: “The last thing islanders need is more uncertainty over ferry services, and we hope Brittany Ferries will respect that.” The government concluded this statement by saying: “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.” In October, Guernsey selected Brittany Ferries, which is the parent company of Condor Ferries, to manage its maritime connections. Jersey’s decision to opt for an alternative provider signifies the conclusion of Condor Ferries’ 60-year tenure providing ferry services to the island. According to the government, hearings are scheduled for January 13 and 14 at the Royal Court to determine the restricted basis of the challenge.