17 Accepted

A PFI contract should grant an authority access to any information reasonably required to monitor...

Conclusion
A PFI contract should grant an authority access to any information reasonably required to monitor the PFI company’s performance. The NAO found that of the survey respondents who monitor the maintenance programme, 35% reported they had insufficient access rights to allow them to do so. In one PFI hospital, the authority identified a large gap between the money paid into the lifecycle fund and what was being spent on maintenance. The difference could indicate that the PFI company was not carrying out the maintenance work as planned but the authority was unable to challenge whether this was the case because the PFI company denied it access to the relevant information. When asked whether this is acceptable, the IPA acknowledged that there were some “difficult investors” who “liked asymmetric information” on key parts of the contract. This means that the PFI company holds much more information on its performance compared to the authority, which limits the authority’s ability to challenge the PFI company. The IPA recognised that this information was “absolutely critical” in managing the expiry of PFI contracts and told us that it was working to get investors to share assets registers and the financial information needed.42 The IPA also explained that it was working with “key investors” to remind them of their responsibilities and planned to develop a protocol outlining how investors should operate during the expiry process.43
Government Response Summary
The government agrees, stating the IPA intends to develop a protocol with investors by Summer 2021. This protocol will outline how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations.
Government Response
Accepted
HM Government Accepted
7.1 The government agrees with the Committee’s recommendation. Target implementation date: Summer 2021 7.2 The IPA confirms it intends to develop a protocol with investors that outlines how PFI investors should operate during the expiry process, including requirements for transparency and compliance with contractual obligations. The IPA will write to the Committee outlining the further steps it is taking to achieve this.
Addressee Bodies
HM Treasury
Timeline
Recommendation age 5.4 yrs
Report published 19 Mar 2021