Thread by @faisalislam

Government has declared “situation of extreme urgency exists in context of UK-EU roll-on-roll-off ferry capacity by virtue of the UK leaving the EU on 29.3.2019 and the prospect that this exit may be on a no-deal basis” in the documents re its purchase of £108m of ferry services

“Extreme urgency brought about by events unforeseeable for the contracting authority and in accordance with the strict conditions stated in the Directive” - says Department of Transport about events exactly foreseen by industry - this tho about not complying with eu directive

Two things - Government has declared that No Deal Brexit is an unforseeable “extreme urgency” perhaps because it is one, but also if a Government does not publish contract in the Official Journal of EU, that is one of the only reasons under UK & EU law’s Public Services Directive

... reasonable people may dispute how unforeseen this “extreme urgency” has been... and an enterprising ferry company could decide to take this to the ECJ! At which point you might argue, who cares, we’re out... and under No Deal ECJ rules won’t apply...

... but all £108m paid up awarded already, and ferry schedules are going to be prepared for change even if there is eventually a deal - then we will in transition be subject to EU law for 2+ years.
£47m to Bretagne Angleterre Irlande
€47m to DFDS
£14m to Seaborne.

Contracts:

NB the Danes at DFDS appear to have insisted on being paid in euros for their sizeable chunk of the Brexit flotilla

interesting:

Seaborne Freight yet to operate scheduled ferry service - seeking to reopen Ramsgate-Ostend service. It is so small it qualifies as an exempt Small Enterprise. £14m uncontested contract from Govt under emergency No Deal Brexit provision. How much is a Roro ferry?

...£108m Brexit flotilla contracts first spotted by @Tussell_UK - thanks to combo of Welsh Government & EU Public Services Directive - original documents here if you are doubting this extraordinary tale: sell2wales.gov.wales/search/show/se…
sell2wales.gov.wales/search/show/se…
sell2wales.gov.wales/search/show/se…

Joanna Cherry QC MP vs Brexit minister on the above No Deal ferry flotilla issue of how something that was actively being planned for by Government was also an “unforeseen event” of “extreme urgency”

https://twitter.com/joannaccherry/status/1082996064179970053?s=21

- if you go back to Commons urgent question Monday (Cherry again) Grayling replies “it is my view” that the situation is one of “extreme urgency” which suggests that there is some sort of formal SoS declaration in writing on this... but the DfT also “received” advice