There has been masses of misinformation about the decision to choose DFDS instead of Condor Ferries to run Jersey’s lifeline ferry services.
Here are a few facts that may help answer some of your questions:
The bid appraisals involved commercial advisers from outside government as well as lawyers and Government officers from within the States of Jersey, advising a team of Ministers.
This team of Ministers included:
Chief Minister (Deputy Farnham)
Minister for Sustainable Economic Development (Deputy Morel)
Minister for External Relations (Deputy Gorst)
Minister for Environment and Planning (Deputy Luce)
Minister for Infrastructure (Constable of St John)
Following the second tender process, Government officers provided a recommendation paper to the Ministers and this was taken to the Council of Ministers who unanimously supported the appointment of DFDS.
In late 2023, Condor Ferries sent a letter to Jersey and Guernsey stating that it needed £40 million, with £10 million by the end of the month, in order to continue providing services to the islands.
This demand came out of the blue. Until then, Condor Ferries had repeatedly assured Jersey that it was financially sound.
Accounts for the Brittany Ferries group of companies to 31st October 2024, show Brittany Ferries valuation of their interest in Condor as -€130 million.
No, Condor Ferries did not notify Jersey or Guernsey of this threat to their lifeline ferry services. Condor Ferries was heavily indebted and was struggling to pay the ports that it was using. This led to the judgments in the Admiralty Court.
Following the first joint tender process, both Condor Ferries and DFDS failed certain criteria that meant neither was appointable without the strong threat of being sued by the losing side. Guernsey chose to appoint Condor Ferries regardless.
The Royal Court of Jersey has since found that “Guernsey ended the joint tender process”.
When Guernsey ended the joint tender process, it would not engage in a forum for constructive talks and so forced Jersey to swiftly undertake its own tender process for Jersey-only services.
DFDS was appointed following a recommendation from officers because it provided the strongest financial security and the largest investment in new ferries of the two final bids.
Condor Ferries was not appointed because it was not able to provide financial guarantees to remove the risk of its debt, nor was it clear about which company (Condor Ferries or Brittany Ferries) would be entering into a contract with Jersey. This was important because Condor Ferries was in significant debt.
Before the joint tender process began and during a period when Jersey and Guernsey were paying for advice on the future of our lifeline ferry services, Guernsey bought a ferry with Condor.
This was done under their emergency powers but still today, nobody except the Committee Presidents who agreed the decision, knows what the emergency was.
Guernsey gave Jersey no warning that it was going to buy a ferry with Condor. Initially, the purchase was to have been privately financed, however this deal fell through (reasons unknown) and so the States of Guernsey used its own money to acquire the ferry.
Jersey and Guernsey’s ferry contracts are completely different. Jersey’s contract with DFDS has been made public. Guernsey’s contract with Condor Ferries has not been made public.
Jersey's contract with DFDS includes up to 298 million Euros of investment in new ferries before 2032. It is not known whether Guernsey's contract includes investment in new ships.
The contract between Jersey and DFDS was negotiated by Government and Ports of Jersey officers, lawyers and advisers.
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