17
Accepted
The Department updated us on the Emergency Recovery Measures Agreements (ERMAs), which it put in...
Conclusion
The Department updated us on the Emergency Recovery Measures Agreements (ERMAs), which it put in place as an overlay to franchising agreements in response to the dramatic loss in passenger revenue caused by the COVID-19 pandemic. The ERMAs transferred all cost risk and revenue risk from operators to the Department and were put in place to ensure the continued operation of rail passenger services during the pandemic, now funded by the taxpayer. The Department told us that the cost of its emergency measures to the taxpayer to date was £8.5 billion. The Department acknowledged that this level of investment is unsustainable and that it will be transitioning all operators from ERMAs to new interim National Rail contracts to reduce financial burden on the government and taxpayer.41 However, cost and revenue risk will remain with government as, under these new contracts, operators will be paid a fixed fee for operating services rather than themselves being exposed to changes in operational costs and passenger revenues.42 The Department considered that, given the current economic uncertainty, contracting in any other way would be untenable.43
Government Response Summary
The government agrees with the committee's observation and provides details on the ongoing rollout of National Rail Contracts (NRCs), explaining how these new performance-based contracts will evolve to manage costs and incentivize efficiency.
Government Response
Accepted
Government Response
Accepted
HM Government
Accepted
4.1 The government agrees with the Committee’s recommendation. Target implementation date: Summer 2021 4.2 National Rail Contracts (NRCs) require train operators to deliver against annually-agreed business plans (ABPs) and performance targets. This allows these contracts to evolve as the industry recovers from the COVID-19 pandemic and reforms are implemented. Each year, the department will specify its objectives and negotiate updated business plans to help deliver those. 4.3 Revenue and cost risk sit with the department, subject to stringent tests of the efficiency of costs and revenue collection. Having limited financial risk allows operators to focus on operational areas within their control to drive improvements. The government will benefit from post-COVID-19 pandemic revenue recovery and cost savings from efficiency improvements. Annual budgets set caps for cost reimbursement to operators – NRCs require evidence and mitigating action before those caps can be increased. 4.4 The performance-based fee directly incentivises improved performance, with flexibility to switch from qualitative to quantified measures as circumstances permit. Fees are reduced if performance is poor; the department can require operators to develop and implement improvement plans. 4.5 ABPs will include commitments to specific activities, outputs and timescales, with operators contractually obliged to meet those commitments and the department can require remedial plans where they are not met. Where appropriate, the department can agree ‘Industry Change Projects’ with operators to further incentivise delivery of reforms that expose the operator to significant additional risk. 4.6 NRC rollout is ongoing, with three now in place (South Western, TransPenine Express and c2c). Before NRCs are agreed, a full business case is approved to ensure the contract is designed to incentivise improved performance, including Williams/Shapps Plan for Rail reforms.
Source
Committee
Public Accounts Committee
Report
Tenth Report - Overview of the English rail system
07 Jul 2021
HC 170
Addressee Bodies
HM Treasury
Timeline
Recommendation age
5.1 yrs
Report published
07 Jul 2021