10.2.1 Several witnesses to the Inquiry suggested that the principal reason that Clerks of Works have not tended to be included is related to both a lack of awareness on the part of those designing such models of the need for independent inspection and, perhaps more usually, a desire to drive down the cost of projects.
10.2.2 In the case of the PPP1 schools, the Inquiry was advised by witnesses that the approach adopted by the Council was that ESP was seen as being completely responsible for all aspects of the design and building process and that the Council saw itself as having a very limited role in relation to ensuring the quality of the construction.
10.2.3 As a result, the Council did not seek to employ, or have any of its agents employ, Clerks of Works to provide on-going independent inspection of the quality of construction of the schools and of compliance with the construction drawings. In this regard the Council was by no means out of step as this approach was that being generally promulgated and adopted across the country on PPP projects.
10.2.4 However, information provided by several other Local Authorities in Scotland indicated that they had retained Clerk of Works to provide independent inspection of their PPP programmes for new schools.
10.2.5 An argument that is frequently put forward, by those promoting a more hands-off approach by public sector clients, is that there is a single entity to sue if something goes wrong with the building and there are no complications as to whom is responsible for failures, leaving no direct liability with the public body.
10.2.6 This argument is probably acceptable if it were only ever to be found necessary to recover the cost of remedial construction and related disruption. It appears much less robust, if, because of unsafe construction, lives were lost or members of the public injured as could so easily have been the outcome in the case of Oxgangs Primary School.
10.2.7 The fact that no injury or fatality occurred in the Oxgangs situation was a matter of timing and luck.
10.2.8 The Inquiry is strongly of the view that there should be a greater emphasis on providing the correct resources and mechanisms at the start of a project, to prevent things going wrong, rather than designing an approach to procurement which has as its focus, ease of litigation when matters do go wrong.