Friday 29 March 2024
 6.5°C   ENE Moderate Breeze
Ocean Kinetics - The Engineering Experts

News / Water under the Bressay brig

COUNCILLORS have decided to finally “draw a line” under the Bressay Bridge affair, after being given assurances that a similar event was unlikely to happen in the future.

An attempt by councillor Jonathan Wills to reject a report before councillors and instead go back to the insurers to negotiate a settlement didn’t find a seconder.

However several councillors expressed their “unease” after hearing the conclusions of a report prepared by Brian Lawrie, the outgoing executive director for corporate services.

They were told that they had not been insured for an event such as this because the council cannot make an insurance claim against itself, a view confirmed again by an opinion sought from senior counsel, in May this year.

Responding to George Smith’s searching questions, council convener Malcolm Bell said: “All of us feel uneasy.”

Political leader Gary Robinson said he was keen to draw a line under the “sorry affair” insisting procedures had been changed.

North isles councillor Robert Henderson then came up with the memorable line that Bressay bridge affair was “water under the brig”, and added that the council needed to move on.

Earlier in February, the SIC settled out of court with Lerwick Port Authority and paid £4.8 million in damages incurred when the council was granted an interim interdict that aborted plans by the port authority to dredge the north entrance of the harbour.

The interim interdict was granted in August 2005 by Lord Hodge, but was recalled in January 2007 by Lord Reed as part of his judgment in favour of the port authority, a decision that made the original interdict wrongful.

In his report, jointly written with outgoing chief executive Alistair Buchan, Mr Lawrie said that had the case been heard before Lord Reed at the first hearing there may never have been an interim interdict.

Become a supporter of Shetland News

 

“In simple terms Lord Reed’s opinion of the law was different to Lord Hodge’s,” Mr Lawrie wrote.

Councillors were then given assurances that thanks to changes in a number of procedures, the council was now well protected against anything similar happening again.

Back in 2005, invoking emergency powers only required one person (the convener or vice-convener) to be consulted, while today at least four people (the three or four ward members plus the political leader or committee chair) had to be involved.

Mr Lawrie admitted that he was “quite shocked” when during his research he came across the policy that just two people were needed to invoke emergency powers.

He added: “Mistakes were made, but that there is a difference between that and negligence.”

The report said: “I do not believe that anyone would disagree that, with the benefit of hindsight, different decisions could have been made throughout the process.

“However, these decisions were made in accordance with council policy and procedure, prevalent at the time, having sought advice from relevant professionals in their field.”

Become a supporter of Shetland News

Shetland News is asking its many readers to consider start paying for their dose of the latest local news delivered straight to their PC, tablet or mobile phone.

Journalism comes at a price and because that price is not being paid in today’s rapidly changing media world, most publishers - national and local - struggle financially despite very healthy audience figures.

Most online publishers have started charging for access to their websites, others have chosen a different route. Shetland News currently has  over 600 supporters  who are all making small voluntary financial contributions. All funds go towards covering our cost and improving the service further.

Your contribution will ensure Shetland News can: -

  • Bring you the headlines as they happen;
  • Stay editorially independent;
  • Give a voice to the community;
  • Grow site traffic further;
  • Research and publish more in-depth news, including more Shetland Lives features.

If you appreciate what we do and feel strongly about impartial local journalism, then please become a supporter of Shetland News by either making a single payment or monthly subscription.

Support us from as little as £3 per month – it only takes a minute to sign up. Thank you.

 
Categories

Newsletters

Subscribe to a selection of different newsletters from Shetland News, varying from breaking news delivered on the minute, to a weekly round-up of the opinion posts. All delivered straight to your inbox.

Daily Briefing Newsletter Weekly Highlights Newsletter Opinion Newsletter Life in Shetland Newsletter

JavaScript Required

We're sorry, but Shetland News isn't fully functional without JavaScript enabled.
Head over to the help page for instructions on how to enable JavaScript on your browser.

Your Privacy

We use cookies on our site to improve your experience.
By using our service, you agree to our Privacy Policy and Cookie Policy.

Browser is out-of-date

Shetland News isn't fully functional with this version of .
Head over to the help page for instructions on updating your browser for more security, improved speed and the best overall experience on this site.

Interested in Notifications?

Get notifications from Shetland News for important and breaking news.
You can unsubscribe at any time.

Become a supporter of Shetland News

We're committed to ensuring everyone has equitable access to impartial, open and quality local journalism that benefits all residents.

By supporting Shetland News, you play a vital role in ensuring we remain a pivotal resource in supporting the community.

Support us from as little as £3 per month – it only takes a minute to sign up. Thank you.