Jubilee Scotland https://www.jubileescotland.org.uk Campaigning for Global Justice Wed, 06 May 2020 12:10:22 +0000 en-GB hourly 1 https://wordpress.org/?v=5.5.3 Dexter Whitfield recommends that Holyrood stops all MIM projects https://www.jubileescotland.org.uk/dexter-whitfield-recommends-that-holyrood-stops-all-mim-projects/ https://www.jubileescotland.org.uk/dexter-whitfield-recommends-that-holyrood-stops-all-mim-projects/#respond Tue, 11 Feb 2020 13:00:25 +0000 http://www.jubileescotland.org.uk/?p=3269 We are so grateful that we were able to have Dexter Whitfield with us last month at the launch of our report, ‘Rethinking Private Financing’. The influence of his research can be seen all throughout it so it is an honour to be able to have one of the leading experts of this area come […]

The post Dexter Whitfield recommends that Holyrood stops all MIM projects appeared first on Jubilee Scotland.

]]>
We are so grateful that we were able to have Dexter Whitfield with us last month at the launch of our report, ‘Rethinking Private Financing’. The influence of his research can be seen all throughout it so it is an honour to be able to have one of the leading experts of this area come to talk about the the privatisation issues that face Scotland. When investing in Public Private Partnership projects, the government has made contractual mistakes that inevitably will lead the country into debt for years to come. Dexter has has made recommendations here that provide a strong guideline for the government when navigating new public infrastructure.

Presentation by Dexter Whitfield, European Services Strategy Unit, to meeting ‘Rethinking Private Financing of Scottish Public Projects’ at the Scottish Parliament on 29 January 2020, organised by Jubilee Scotland and chaired by Neil Findlay, MSP.

I welcome the refreshing straight-talking report on NDP and hub PPP contracts from Audit Scotland this week. I strongly recommend that the Scottish Parliament, local authorities and public bodies immediately adopt six strategies for public infrastructure projects in Scotland.

1 – Increase direct public investment in public infrastructure and stop all planned Mutual Investment Model projects

The Government should take the opportunity to increase direct public investment in infrastructure in the current period of low interest rates.

Planned MIM projects and those that have been approved with options appraisal and business cases, but yet not commenced the start of the contractual procurement process, should be stopped. The Scottish Government should support the local authorities and public bodies in arranging direct public investment for these projects.

The Mutual Investment Model (MIM) allows the public sector to invest up to 20% of the risk capital in project companies and to meet the private investment classification (off public sector balance sheet). However, the public sector, in effect, becomes a commercial partner with the private sector in sharing all the risks and rewards. This significantly deepens the degree of privatisation, extends the scope of secondary market trading in PPP equity and the takeover or merger of infrastructure funds (Whitfield 2016 and 2017b).

2 – Scotland should adopt a new public design/finance and operate model

This would have three objectives, to integrate the design and construction process, to reduce the cost of construction and to minimise the risk of delays. Two examples illustrate how these objectives can be achieved.

The UK’s Integrated Project Insurance (IPI) offers a guaranteed maximum price and protection against defects underwritten by insurance. A project alliance is formed with a Gain/Pain Share agreement under IPI in which all members of the project Alliance share in risk and reward. It was recently successfully piloted at Dudley College. The target outturn construction cost of £9.83m was agreed and exceeded by only 1.8%. The client share of the additional cost was only 0.34% of the target cost. The building was ready for occupation as planned at the start of the 2017/18 academic year.

Construction Management At Risk (CMAR) has been widely used in many US states for public building, transportation and utility projects. The client selects an architect who commences the design and later selects the construction manager/contractor, based on qualifications and track record, before the design stage is completed. The architect and construction manager work together in the final stage of the design process. The construction manager/contractor gives the client a guaranteed maximum price and coordinates all the subcontracted work. This process strengthens coordination, enhances transparency, delivers efficiencies and minimises delays (Whitfield, 2020).

3 – Local authorities and public bodies should intensify the monitoring of PPPs to identify defaults and poor performance.

Monitoring of PPP projects has often been inadequate due to inadequate monitoring staffing levels being included in business cases and contracts and over-reliance on self-monitoring by the private sector. Local authorities should now intensify contract monitoring focusing on all aspects of the quality of performance and other contractual requirements. This information should be reported to relevant committees and publicly disclosed.

Local authorities should also establish contract reviews where defaults and poor performance have been significant or systemic. They should draw on evidence from service users, community and tenants organisations and trade unions. There remains considerable scope for local authorities and public bodies to consider terminating operational PPP service contracts and return provision in-house. Where defaults and poor performance are evidenced and remain after the issue of contractual warnings by the authority, termination without compensation is a viable and legal option. In some cases a contractor has withdrawn from a contract on technical or operational grounds. There have been 27 PPP contract terminations and 12 buyouts in the UK to date (Whitfield, 2020).

4 – Establish a comprehensive and rigorous Economic, Social, Equality and Environmental Cost Benefit Analysis methodology

This should be mandatory for all infrastructure projects in Scotland. The Scottish Government should also require comprehensive and rigorous impact assessments to identify the positive and negative economic, employment, equality and environmental consequences of projects and to identify where and what form of mitigation action is required.

The quality of impact assessment is reliant on assessment of the impact on inputs, processes, outputs, equity and outcomes to establish cause and effect and the use of a counterfactual (the situation that would exist if the project did not proceed). Furthermore, employment impacts must include a full analysis of current jobs, terms and conditions, health and safety and equality practices and planned changes.

5 – The Scottish Parliament and local authorities should oppose the sale of equity in PPPs

The average annual rate of return on the sale of equity in PPP projects was 28.7% (based on a significant data sample) at the end of 2016 with acquisition mainly by offshore infrastructure funds in tax havens (Whitfield, 2017b). This evidence is in sharp contrast with the expected 12%-15% rate of return contained in PPP business cases or contract documentation.

The scale of equity transactions and offshoring to tax havens is very significant. “A total of 87.5% of Scotland’s PFI/PPP education projects (280 out of 320 schools) are currently partly or wholly owned by offshore tax haven funds. Nearly half the schools had 100% of their equity owned offshore” (Table 11, Whitfield, 2016). The NDP and MIM models in effect lock-in and legitimate public sector investment in PPP projects and the secondary market.

Whilst the sale of equity is legally permissible, there is a very strong case that it should be opposed on political economy and ethical grounds.

6 – Challenge the trend of Scottish pension fund investment in PPPs

There are direct links between Scottish public sector pension fund investments, offshore tax havens and shares in NPD and hub companies. At least four Scottish pension funds have investments in offshore infrastructure funds with stakes in NPD and hub projects. Glasgow City Council, on behalf of Strathclyde Pension Fund, has had a £30m investment in the Equitix Fund IV LP since 2016 which was extended by further £50m investment in the Equitix Fund V LP, managed by Equitix GP 5 Limited (Guernsey).

Edinburgh City Council, on behalf of Lothian Pension Fund and Lothian Buses Pension Fund and the Falkirk Council Pension Fund have investments in the Equitix Fund II LP. Equitix Ltd is one of the largest UK PPP companies and although a registered UK company it is owned by Tetragon Financial Group Limited and registered offshore in Guernsey (Whitfield, 2018).

The targeted 10% annual rate of return of these investments is not in the public interest because it ramps up the cost of public infrastructure. Likewise, public sector investments in NDP and MIM projects feed potential gains in the secondary market which may only cover the cost of risky investment in other PPP projects.

I believe these policies are essential in developing a genuine public alternative to PPPs in Scotland.

 

References

Whitfield, D. (2016) The financial commodification of public infrastructure: The growth of offshore PFI/PPP

secondary market infrastructure funds, ESSU Research Report No. 8,

https://www.european-services-strategy.org.uk/wp-content/uploads/2017/01/financial-commodification-public-infrastructure.pdf

Whitfield, D. (2017a) PFI/PPP Buyouts, Bailouts, Terminations and Major Problem Contracts, ESSU Research

Report No. 9,

https://www.european-services-strategy.org.uk/wp-content/uploads/2017/02/pfi-ppp-buyouts-bailouts-and-terminations.pdf

Whitfield, D. (2017b) PPP profiteering and Offshoring: New Evidence, PPP Equity Database 1998-2016 (UK), ESSU Research Report No.10,

https://www.european-services-strategy.org.uk/wp-content/uploads/2017/10/PPP-profiteering-Offshoring-New-Evidence.pdf

Whitfield, D. (2018) Ownership and Offshoring of NPD and Hub Projects: Scottish Futures Trust, May,
https://www.european-services-strategy.org.uk/wp-content/uploads/2018/06/SFT-Offshoring-report.pdf

Whitfield, D, (2020) Public Alternative to the Privatisation of Life, Spokesman Books, Nottingham.

Spread the word...Share on FacebookShare on Google+Tweet about this on TwitterEmail this to someone

The post Dexter Whitfield recommends that Holyrood stops all MIM projects appeared first on Jubilee Scotland.

]]>
https://www.jubileescotland.org.uk/dexter-whitfield-recommends-that-holyrood-stops-all-mim-projects/feed/ 0
Questioning the Scottish government’s approach to Private Finance https://www.jubileescotland.org.uk/questioning-the-scottish-governments-approach-to-private-finance/ https://www.jubileescotland.org.uk/questioning-the-scottish-governments-approach-to-private-finance/#respond Mon, 10 Feb 2020 15:00:18 +0000 http://www.jubileescotland.org.uk/?p=3235 The launch of our report Last month at the Scottish Parliament we launched our report ‘Rethinking Private Financing’, the culmination of work from Jubilee Scotland over the past year researching PPP & PFI schemes. You can download and read it here. The launch was hosted by Neil Findlay MSP, who spoke to us about how […]

The post Questioning the Scottish government’s approach to Private Finance appeared first on Jubilee Scotland.

]]>
The launch of our report

Last month at the Scottish Parliament we launched our report ‘Rethinking Private Financing’, the culmination of work from Jubilee Scotland over the past year researching PPP & PFI schemes. You can download and read it here. The launch was hosted by Neil Findlay MSP, who spoke to us about how passionate he was about this issue affecting Scottish people. In late January Neil Findlay had questioned Holyrood’s approach to many of the key issues the government have been quiet or unclear about when it comes to financing projects with private money, and what they plan to do in future.

Scandal at Holyrood

Derek Mackay MSP as the Finance Secretary of Scotland was the person answering these questions put forward to parliament, a mere fortnight before he was hit with a scandal that has put his career as a politican into disrepute. Mackay has been suspended from the SNP for sending inappropriate messages to a 16 year old, breaching a duty and care expected as a member of government, failing to  uphold a responsibility not to act in a way that puts young people at risk. In that context, these may be some of the last questions Mackay ever answers at Holyrood, but they still offer a snapshot of the Government’s current approach to these schemes that Jubilee Scotland are campaigning against.

Questions asked of the Scottish Government

Question S5W-27047: Neil Findlay, Lothian, Scottish Labour, Date Lodged: 21/01/2020 To ask the Scottish Government what its position is on whether local authorities could benefit from direct borrowing for public projects, rather than financing them through public private partnerships.

Answered by Derek Mackay (29/01/2020):Local authorities are entitled to use all resources available to them including their existing borrowing powers and support from the Scottish Government. It is however up to local authorities to decide how they wish to borrow and any commitments made by them are based on what they deem to be prudent and affordable.

The government’s approach to this is relatively Laisse-Faire as they have limited borrowing capacity themselves. Of course local authorities have to make financial decisions that are responsible, but the commitments that a PPP binds a council by are never prudent. They are at such high rates of interest that nobody can honestly say with what we know now, that they are affordable. They only seem that way in the short term. So by saying this, you are effectively shifting the blame onto councils for the debt they’ve accumulated, taking no moral responsibility while still introducing NPDs, a replacement model for the PFI.  What is forgotten here is while councils are allowed to use all resources available to them, there is no real alternative to PPPs supported on a national level in Scotland – there needs to be other options.

Question S5W-27048: Neil Findlay, Lothian, Scottish Labour, Date Lodged: 21/01/2020 To ask the Scottish Government what the implications are of using the mutual investment model for public projects, rather than direct borrowing.

Answered by Derek Mackay (29/01/2020): The use of the Mutual Investment Model (MIM) will be kept within our self-imposed limit that revenue-financed investments will not exceed 5% of the Scottish Government resource budget (excluding social security). The model increases the range of financing tools available to the Scottish Government to enable it to deliver a steadily increasing level of overall capital investment in Scottish infrastructure. MIM will be used alongside a range of financing approaches reserved for central government and Non-departmental Public Bodies where access to borrowing is more restricted.

No matter what you say about using MIM and how it’s going to be different this time, it’s the same old model with a new lick of paint.  Scottish Futures Trust’s (SFT) analysis of the model “did indeed show that the MIM approach was likely to be more expensive than funding capital through public borrowing.”  Nevertheless, the model was adopted – with no proper consultation – to give the Scottish Government the extra capacity it needed to achieve its National Infrastructure Mission targets. So this answer does nothing to answer the concerns of the question.

Question S5W-27049: Neil Findlay, Lothian, Scottish Labour, Date Lodged: 21/01/2020 To ask the Scottish Government, in light of the reported criticism of this model of financing from stakeholders, reports that other European nations no longer favour such an approach and issues such as the delay to the opening of the Royal Hospital for Children and Young People in Edinburgh, for what reason the various forms of public private partnerships continue to be favoured, and what plans it has to end their use.
 
Answered by Derek Mackay (29/01/2020):The constraints and tight limits on Scottish Government capital borrowing under the Fiscal Framework make revenue finance a necessity to build the infrastructure we need. Were broader borrowing powers available to the Scottish Government, as with the comparator sovereign nations identified in the question, we could revisit consideration of the best tools and approaches to deploy.The Scottish Government are continually seeking ways to deliver the best value for the public purse, which is why we introduced Growth Accelerators, and together with Cosla, a new mechanism to finance new schools. We are always open to engaging with relevant stakeholders on improving investment models that would deliver best value.
The answer given here is “If we were independent, we could maybe reconsider using PPPs”. While PPPs have they have been attractive because of Holyrood’s limited borrowing powers, Scotland can absolutely find different models, independent or not. These types of borrowing have proven to be more costly to the taxpayer. The mention of the funding of new schools is a little short-sighted considering the current schools on a PPP plan in Edinburgh are only projected to last 30-40 years. There is a deeper problem with how these are constructed in the first place and how contractors can take advantage of the contracts, leaving councils disadvantaged like the situation in Edinburgh. This new model doesn’t instill much confidence in how they are going to prevent this in practice.

Question S5W-27051: Neil Findlay, Lothian, Scottish Labour, Date Lodged: 21/01/2020 To ask the Scottish Government what action it will take to assess the debt incurred by local authorities from public private partnerships.

Answered by Derek Mackay (29/01/2020):The Scottish Government together with the Scottish Futures Trust have been encouraging procuring authorities to assess whether they can realise savings from existing public private partnership contracts. This includes re-scoping services and optimising risk transfer.The Scottish Government commission a review each year from public bodies including local authorities, on the latest estimated unitary payment charges relating to their public private partnerships contracts. The repayment of these charges and the management of the contracts however, is the responsibility of those public bodies that awarded the contracts.

So the government are encouraging assessments of existing PPPs contracts, encouraging ways to cut costs. But this seems too little too late for many councils who are deep in debt by this point. There is a review from councils of the estimated charges of each year of the estimated unitary payment charges, BUT the repayment is still the responsibility of the local authorities that engaged in the contracts. So in other words, you are helping them look at their endless bills that they are struggling to pay.

Question S5W-27052: Neil Findlay, Lothian, Scottish Labour, Date Lodged: 21/01/2020 To ask the Scottish Government what plans it has to assess alternatives to public private partnerships to finance its future infrastructure projects.

Answered by Derek Mackay (29/01/2020):I refer the member to the Scottish Futures Trust’s published ‘Options Appraisal’, which can be found at www.scottishfuturestrust.org.uk

By referring to the ‘Options Appraisal’ Derek Mackay is bringing attention to an interesting issue which is “We’re not looking at anything other than MIM models right now.” At Jubilee Scotland we believe this is a huge mistake, Scotland deserves a model that has the public’s interest at heart. We have come up with a model that we believe gives power to both the people and the public sector in a Local-National Partnership. It’s true that the country is limited by it’s powers as a devolved state but by only having 20% of a stake in it’s infrastructure, is that really enough to stop private investments from taking advantage of the contract? It feels like this model is more of the same, only with big promises tagged on that say “Forget last time, this one will work for sure.” Watch our video on an alternative option to this kind of model here.

Conclusion

So it seems to be the case that the government are moving ahead with the recommendations of the SFT report that an MIM model is the way forward for building infrastructure. But the differences between this model and the previous model is minimal and if a recent report has shown to be true, they have not been transparent about the cost that will soon be tranferred to the taxpayer. Hopefully, with Audit’s Scotland’s report on the hidden costs of NPD and with our own report coming out in complete opposition to private financing models, people will be able to keep in mind that this is an important issue that demands more than just a flippant and vague response from the government. Because this doesn’t just affect us right now, this is going to affect many Scottish people for their entire lives.

Spread the word...Share on FacebookShare on Google+Tweet about this on TwitterEmail this to someone

The post Questioning the Scottish government’s approach to Private Finance appeared first on Jubilee Scotland.

]]>
https://www.jubileescotland.org.uk/questioning-the-scottish-governments-approach-to-private-finance/feed/ 0
Our Report for change – Rethinking Private Financing of Scottish Public Projects https://www.jubileescotland.org.uk/our-report-for-change-rethinking-private-financing-of-scottish-public-projects/ https://www.jubileescotland.org.uk/our-report-for-change-rethinking-private-financing-of-scottish-public-projects/#respond Wed, 22 Jan 2020 12:10:44 +0000 http://www.jubileescotland.org.uk/?p=3207 In the midst of a windy day on the 29th of January 2016, the side of Oxgangs School in Edinburgh collapsed. A large section of the gable wall came crashing down with nine tonnes of bricks falling across the path below. An independent report concluded that it was “a matter of timing and luck” that […]

The post Our Report for change – Rethinking Private Financing of Scottish Public Projects appeared first on Jubilee Scotland.

]]>
In the midst of a windy day on the 29th of January 2016, the side of Oxgangs School in Edinburgh collapsed. A large section of the gable wall came crashing down with nine tonnes of bricks falling across the path below. An independent report concluded that it was “a matter of timing and luck” that no children were killed or injured at the site.

The problem with PPP

At Jubilee Scotland we campaign for the cancellation of unjust debt worldwide. This year we have been focusing at one of the main causes of rising debt here at home and abroad, one that has long been criticised yet little has been done about. Public Private Partnerships (PPPs) are long-term contracts where the private sector designs, builds, finances and operates an infrastructure project.  This scheme in its various forms over the years has left local authorities across Scotland paying much more than needed for public projects and in some cases putting people at risk. Long contracts with high interest rates and poor building standards have left Scotland with flawed or unfinished buildings, the taxpayers sometimes paying double what they’re actually worth. It has created unjust debt problems and added unnecessary financial pressure on local services across the public sector.

The Oxgangs School catastrophe put PPPs on the map for a lot of people in Scotland. After the wall collapse 17 schools across Edinburgh that were built under the same PPP, ‘Edinburgh Schools Partnership’ were forced to close and undergo inspection and repairs. 2 years later, after the partnership told the council that all problems had been fixed, it was found that there was still issues with many of the buildings, forcing the council to undertake emergency repairs of their own. Because of the nature of these PPPs, the parties responsible are usually protected through corporate confidentiality contracts, but it’s the council that take all the blame for schools they were promised were built properly.

Private Profit over public safety

Recently two of the countries biggest hospitals have been in dispute with their own faulty PPPs. NHS Lothian is paying out £1.4m every month for the new unfinished Sick Kids Hospital with little oversight of how much of that money is going back into the public purse. The hospital hasn’t opened because of design flaws that make it uninhabitable, yet there’s nobody to take to task, nobody to answer questions why these mistakes have happened. NHS Greater Glasgow and Clyde have decided to take legal action against the contractor of both hospitals. Brookfield Multiplex were responsible for the construction of Queen Elizabeth University Hospital which opened in 2015 with many severe issues, leading to deaths in the children’s ward due to contaminated water. 

PPPs like these have led to a loss of accountability in our public services, because local councils and the government are rarely given any power to renegotiate when things take a turn. The country has a ballooning amount of debt that we have no control over as the contracts in a PPP are not usually transparent, last for decades and almost always favour the private contractor. Scotland has had issues with them, but has still has been involved in exporting PPPs to countries abroad through the UK’s Department For International Development. On an international level these Partnerships have led to corruption, environmental issues and inequality. It’s an unacceptable move for a country that committed to the Sustainable Development Goals to export schemes that undermine progress on them.

Finding a way forward

We need an alternative solution for Scotland’s problems with funding. On the 29th of January 2020, the fourth anniversary of the Oxgangs School collapse, we will debut our report at the Scottish Government. It examines Scotland’s relationship with PPPs, highlighting all the issues with the current system of private financing while presenting solutions to how we can fund infrastructure here in Scotland that the public have control of. By taking on an approach that serves the needs of local communities, we will be able to make their projects work for us instead of being being held ransom by private companies to access of our own public services.

Click here to download our report, Rethinking Private Financing of Scottish Public Projects

Jubilee Scotland – Rethinking Private Financing Report 2020

 

 

Spread the word...Share on FacebookShare on Google+Tweet about this on TwitterEmail this to someone

The post Our Report for change – Rethinking Private Financing of Scottish Public Projects appeared first on Jubilee Scotland.

]]>
https://www.jubileescotland.org.uk/our-report-for-change-rethinking-private-financing-of-scottish-public-projects/feed/ 0
Harvesting debt: the failures of NPDs https://www.jubileescotland.org.uk/failuresofnpds/ https://www.jubileescotland.org.uk/failuresofnpds/#respond Mon, 20 Mar 2017 12:01:07 +0000 http://www.jubileescotland.org.uk/?p=2270 This article is written by Emma Saunders for Jubilee Scotland. It is an introduction to her thesis ‘Harvesting Debt: Hub South-East Scotland, Austerity and Public Procurement’ which explores the topic further. Emma was studying MSc by Research in Human Geography at the University of Edinburgh and has since completed this.  ————————————————————————————————————————————— On the 21st of November, two weeks […]

The post Harvesting debt: the failures of NPDs appeared first on Jubilee Scotland.

]]>
This article is written by Emma Saunders for Jubilee Scotland. It is an introduction to her thesis ‘Harvesting Debt: Hub South-East Scotland, Austerity and Public Procurement’ which explores the topic further. Emma was studying MSc by Research in Human Geography at the University of Edinburgh and has since completed this. 
—————————————————————————————————————————————

On the 21st of November, two weeks after the American presidential election, Paul Krugman, a Nobel-prize winner economist, wrote an irate column in the New York Times. His post reacted to the new president’s infrastructure plan (see here), which promises a one-billion effort to renew the dire American infrastructure. The plan mostly suggests generous tax breaks, which Krugman believes will just enable a fire-sale privatization of revenue stream – the polls, and other ongoing payment the public pays to use public infrastructure –  and blatantly benefits private corporations. Instead, he argues:

“If you want to build infrastructure, build infrastructure. It’s hard to see any reason for a roundabout, indirect method that would offer a few people extremely sweet deals, and would therefore provide both the means and the motive for large-scale corruption. Or maybe I should say, it’s hard to see any reason for this scheme unless the inevitable corruption is a feature, not a bug.”

What does this have to do with Scotland? As Krugman simply puts it: ‘if the state wants to build [and thus finance] infrastructure, then it should build [and thus finance] infrastructure’. Given the large cost of infrastructure, the most obvious route is through debt; the cheapest form of debt for state is bond borrowing, whereby the state issues bonds at low-interest rate, which are secure investment. As soon as convoluted schemes to attract private investments and/or secure additional investments enter the picture, a healthy advice is to understand what the plan is really about and question why it is introduced. The Scottish infrastructure plan, headed by the Scottish Future Trust (SFT) and implemented since the SNP’s electoral victory in 2008, has embarked on a journey to secure “6 billion of additional investment into Scotland (…) over and above capital budgets which will allow vital investment in infrastructure to continue” (SFT, 2015). Given ‘inevitable’ corruption Krugman deplores such scheme often entail, I believe a careful scrutiny of this scheme is called for. This blog post, the excerpts from Emma Saunders’ dissertation hereby made available, provide initial starts. To further this, Jubilee Scotland believes that the government should stop using NPD contracts and there should be a Scotland-wide strategy to audit and buy-out existing PFI/PPP, NPD contracts.

 

This blog post will first give a genealogy of the SFT, which needs to be understood within the wider context of the PFI schemes that have plagued Britain for the last 18 years. It then introduces one specific income stream set up by the SFT: the Non-Profit Distribution scheme.

The Scottish Future Trust is an independent company “wholly owned by Scottish ministers” (SFT, 2015) which advises local government borrowing for public infrastructure and secures private investment in Scottish infrastructure through a range of mechanisms. Originally a Scottish National Party (SNP)-led attempt to propose alternative not-for-profit trusts able to undertake infrastructure project and financed by bond-borrowing, the SFT’s original goals took a sharp turn after the 2008 Scottish election. During the 2008-election, the SNP promised to match ‘brick-to-brick’ the previous Labour administration’s infrastructure investment. In Scotland, the labour government, following the New Labour model introduced throughout Britain, funded a substantial amount of infrastructure through Private Finance Initiative (PFI) projects. These schemes allow a large number of infrastructure projects to take place, but have proven incredibly expensive in the long run (and for some, have provided incredibly poor quality infrastructure). They featured so-called partnerships between the public sector, who would be the end user of the building, and the private sector who provided financial means, design and construction services as well as maintenance services to the final building. The contracts governing such partnerships often locked the public partner into expensive annual repayment for contracts between 30 and 60 years. The sheer scale of the debt-to-investment ratio remains striking: in Scotland alone, the £5.2 billion of investment in PPP and PFI schemes up to 2007 created a public sector cash liability of £22.3 billion that will last at least three decades into the future (Jowsey 2011, 00), sustained by annual payments of 1.04bn (Scottish Draft Budget 2015: 182). Across the UK as a whole, that figure rises to at least £310 billion of outstanding debt (See Figure 1).

Figure 1: Cumulative private finance investment and charges over time for all current deals (HM Treasury, 2014)

Widely rejected and politically despised now, PFI still provided an incredible fast stream of debt to build infrastructure throughout the UK. This was mostly due to an accounting trick, which gave local politicians the attractive option of ‘build now [and thus fulfill election promises] and pay later [even when you are no longer elected and thus can wash your hands form the insane cost this ‘investment’ actually represent]. It was also backed by the myth of the private sector’s innate superiority to procure, finance, design and build in the most ‘efficient and ‘cost-effective’ manner. Such a myth is sustained by the slippery notion of risk allocation and the private sector’s superiority in managing risks I briefly debunk both the ‘trick’ and the ‘myth’.

The ‘trick’ relates to accounting rules. Under the European Standard of Accounting (ESA) adopted in 1995 [and no longer in use as of 2014]:

“in national accounts, (…) PPP assets are classified in the partner’s [the private sector] balance sheet if both of the following conditions are met: the partner bears the construction risks; the partner bears at least one of either availability or demand risk, as designed in the contract. If these conditions are met, (…), then the treatment of the contract is similar to the treatment of an operating lease in national accounts; it would be classified as the purchase of services by government.” (Manual on Government Deficit and Debt – Implementation of ESA95 (2010), p.257)

The debt incurred by the public partner was thus accounted for ‘off-balance’ sheet, as the purchase of an annual service rather than as the repayment of a long-term debt. Although the term ‘service’ could imply that the council or public authority could theoretically decide not to spend its fund for that services, in practice they didn’t have a choice. The PFI ‘service’ costs are debt repayments[1] yet, under ESA 1995, they were allowed to suddenly disappear form public authorities’ balance sheet. They could borrow beyond limits set by the national government, to curb the debt by a cheating mechanism, the PFI scheme, created by that very government. Genius. Absurd. And financially disastrous.

The ‘myth’ of private sector so-called efficiency also withers under scrutiny. PFI projects were based on opaque contracts, hugely inflated costs and high legal tendering fees. External evaluations of multiple PFI schemes reveal that risk transfer remained a fiction, public information and monitoring were poor, value for money was not secured, borrowing costs were consistently higher than public bonds (Shaoul et al., 2007; National Audit Office, 2009; Cuthbert and Cuthbert, 2008; CPA, 2014) and that private equity shareholders were routinely making returns almost 10% above “the market rate” whilst being ‘contractually protected and underwritten by government’ (Pollock and Price, 2013: 11). A number of the largest contractors went bankrupt, or effectively reneged on aspects of the contract that did not gain them the highest profit margins (Pollock and Price 2004; Wolmar 2002). PFI projects were arranged without clear lines of accountability and a rigidity that seemed to lock absurdly complex agreements into place for decades (Froud and Shaoul, 2001; Shaoul, 2005; Bailey and Asenova, 2011). To make matters worse, PFI projects intensified the creation of huge monopolies, with smaller firms unable to bid for contracts (Pollock, 2004). The veneer of “competition” actually created a situation where the contractors became ‘too big to fail’(CPA, 2014: 13). The projects themselves are often set to run for decades and are usually too important to be left incomplete. This dual pressure leaves public authorities with little room to maneuver (CPA, 2014), for whilst one “partner” could effectively back out through declaring bankruptcy; the other cannot. As a shareholder of (some of) the PFI debt, they would lose money; as a service provider, their reputation would suffer (not to mention the lives of those reliant on such services); as elected representatives, their track record would be compromised. In other words, contrary to the rhetoric around the transfer of risk from the public sector to the private sector through PFI deals, the risk was overwhelmingly allotted to public authorities, who entered into contracts with limited control and limited revenues whilst shouldering the bottom line responsibility for service provision.

In Scotland, the latest disaster of the PFI schools built in Edinburgh illustrate quite clearly the point. The buildings featured an essential construction flaw, which led to the collapse of the external wall of one school and prompted the closure of 17 buildings throughout Edinburgh. Bearing the responsibility to ensure service provision [school] provision, the council incurred large costs to relocate all the pupils, which were not (and will not) be reimbursed by the consortium of companies who build the school. The BBC (see here) attempted to find who could be held responsible, and encountered only a maze of companies, as the debt (and thus responsibility) for the building had been sold many time over, which no clear owner and responsible company to be found. Jim and Margaret Cuthbert’s argue (see here) that the Edinburgh ‘fiasco’ actually illustrates a flaw feature of the process of ‘risk allocation’.  They argue that in reality a major risk was overlooked in the cost calculation: that of the transfer of private risk to the public sector. This gave a financial advantage to the PFI solution, and in reality grossly underestimated the risk that mistakes would be likely to be reproduced throughout the project (rather than incrementally caught as with smaller scale projects…!) and bring about large-scale domino effects.

Clearly, PFI projects were a mess both in Scotland and throughout the UK.

Let’s come back to 2008, after the Scottish election. The newly elected SNP then were faced with:

  • the impossibility to continue the PFI scheme they had to vehemently opposed,
  • their promise to build as much infrastructure as the previous Labour administration and
  • the caps on Scottish government borrowing and taxation rules set by Westminster[2].

The SFT was tasked to deliver such an impossible solution. It was inspired by the scheme developed under a Lib-dem council in Argyle & Bute and then introduced to Scotland by the Labour-led administration: the Non-Profit Distribution (NPD) scheme (Hellowell and Pollock, 2009). Such a scheme resembles in many ways the previous PFI structure, except in one:

“The key difference between PFI and NPD is that, whereas in the former, the [private structure’s] capital includes a small element of private equity, in the latter its members invest only loans. In consequence, while [private company] shareholders receive returns on their capital in NPD, the level of these returns is to a large extent ‘capped’ at the point at which contracts are signed, and any surpluses remaining at the end of the contract are passed to a designated charity. This is distinct from the PFI model, in which surpluses are passed to [private company] members as dividends.” (Hellowel and Pollock, 2009: 406)

Thus, the only benefit of the new structure is that the benefits are capped, whilst retaining the advantageous position of being off-balance sheet.

My dissertation, written in summer 2015, explores what such the NPD structure meant in practical terms to several public authorities using a ‘HubCo’ structure in order to access such funding routes.  In July 2015, an ONS ruling challenged the off-balance sheet status of NPD funding. Since, plans forwards have been incredibly ‘fuzzy’; John Swinney has alternatively transferred a greater number of control to the private partners in order to keep projects off balance sheet, halted construction plan and featured the new NPD debt on the capital budget. I was not able to pursue my research beyond that time.

You can read Emma’s full dissertation here: Harvesting Debt: NPD Dissertation

—————————————————————————————————————————————-

If you wish to write a piece for our site then please get in touch via: mail@jubileescotland.org.uk

—————————————————————————————————————————————–

Recommended readings on the topic:

Hellowell M. and Pollock, A. (2009) Non-Profit Distribution: The Scottish Approach to Private Finance in Public Services, Social Policy & Society, Vol 8(3), pp.405-418

What happens since the ONS ruling:

Common Space, Ben Wray, January 2016.  ‘Why an ONS ruling is set to kick-start a new debate about the Scottish Government’s investment strategy’ available at:

https://www.commonspace.scot/articles/3294/why-ons-ruling-set-kick-start-new-debate-about-scottish-governments-investment

 Common Space, Jim Cuthbert, October 2016, ‘Jim and Margaret Cuthbert: Edinburgh schools fiasco suggests another flaw in the logic of PFI’ available at:

https://www.commonspace.scot/articles/9553/edinburgh-schools-fiasco-suggests-another-flaw-logic-pfi

Common Space, May 2016, ‘Margaret Cuthbert speech – Bundling (or bungling): procurement, PFI and the Scottish economy. Available at:

https://www.commonspace.scot/articles/3986/margaret-cuthbert-speech-bundling-or-bungling-procurement-pfi-and-scottish-economy

 

[1] To be precise, maintenance costs are accounted for in what is called the

[2] Though these constraints are important to note,  and could partially relieve the SNP of some of the responsibility for their poor decisions, I have yet to find promises by the SNP that they would increase taxes (especially those of the high earners and/or of high inheritance and/or of capital transactions). Taxing is unpopular. And all parties try to avoid it.

Spread the word...Share on FacebookShare on Google+Tweet about this on TwitterEmail this to someone

The post Harvesting debt: the failures of NPDs appeared first on Jubilee Scotland.

]]>
https://www.jubileescotland.org.uk/failuresofnpds/feed/ 0
‘The SNP abolished PFI, or did they?’ https://www.jubileescotland.org.uk/the-snp-abolished-pfi-or-did-they/ https://www.jubileescotland.org.uk/the-snp-abolished-pfi-or-did-they/#comments Fri, 27 Jan 2017 11:11:21 +0000 http://www.jubileescotland.org.uk/?p=2213 This article was written by Dr Scott Arthur. In 2006 Alex Salmond told Scotland that “PFI was a quick fix and a costly mistake”. If elected (he was), he was going to ensure  “our public assets can be held in trust for the nation all without the unnecessary private profit that is part and parcel of […]

The post ‘The SNP abolished PFI, or did they?’ appeared first on Jubilee Scotland.

]]>
This article was written by Dr Scott Arthur.

In 2006 Alex Salmond told Scotland that “PFI was a quick fix and a costly mistake”. If elected (he was), he was going to ensure  “our public assets can be held in trust for the nation all without the unnecessary private profit that is part and parcel of PFI”. Forget the fact that “unnecessary private profit” was never defined, this was about bashing Labour.

In their 2007 manifesto, the SNP said:  “The Private Finance Initiative was devised by the Tories and has been embraced with enthusiasm by New Labour. However it is really a type of privatisation, with all the disadvantages which that entails.”

Of course, the same manifesto was less clear on what the SNP alternative was.  The public perception soon became that PFI was abolished.  An easy mistake to make:

In reality, it had been replaced by the SNP’s “NPD” (non-profit distributing) model. Progress was slow, but by 2011 peer reviewed research stated it came at “high economic cost”. The same paper concluded: “The argument of the Cabinet Secretary that NPD will eliminate ‘excessive profits’ is not supported by the evidence.”

In July this year the alarm bells began to ring quite loudly. The Guardian reported that the programme will cost the taxpayer £10 billion in borrowing and running costs between now and 2048.

The same document quoted a leaked SNP Government memo concerning the projects: “Any perception of public sector control over the [project] delivery company must be avoided.”  The problem was that misinterpreting EU rules was expected to cost millions in lost expenditure as it had to match the private spending under the NPD programme with money borrowed from the Treasury – equivalent of £932m.

Now details of the Dumfries Hospital have come to light. This project cost £212m to build, but the interest on the loan tops £160m: “According to documents released by NHS Dumfries & Galloway under FoI legislation, the consortium – whose members include insurance group Aviva and building firm Laing O’Rourke – is charging an interest rate of 5.1% on borrowings of £218m. This results in the consortium earning more than £100m in interest payments from the public sector. It is also charging 11.3% on a further £24.2m in ‘subordinate debt’, which will earn financiers £37.5m in interest. If Scottish ministers had instead used public borrowing they would expect interest rates from the state-run national loans fund of about 1.6%.”

Little wonder that Audit Scotland have launched an inquiry into the SNP’s re-branded PFI.


Jubilee Scotland is doing work to tackle the use of NPD contracts and exposing the scandals of PPPs and PFIs. This work is part of our campaign against Scottish Local Council Debt


If you would like to write a piece for our website then please get in touch via mail@jubileescotland.org.uk

Spread the word...Share on FacebookShare on Google+Tweet about this on TwitterEmail this to someone

The post ‘The SNP abolished PFI, or did they?’ appeared first on Jubilee Scotland.

]]>
https://www.jubileescotland.org.uk/the-snp-abolished-pfi-or-did-they/feed/ 4