Memorandum by Capital Transport Campaign
(LU 04)
1. We strongly advocate that there should
be an independent audit prior to signing the contracts to ensure
value for money, and also that the results of this audit be made
public, at least in part, to all the key stakeholders in London
Underground before the contracts are signed. Recent developments
corroborate this position.
In August the Deloitte Touche report was published,
with deletions of items said to be commercially sensitive. This
report compared the cost of the PPP with other ways of modernising
the Underground and argued that the claims made by PriceWaterhouseCoopers
for the efficiency of the PPP were based on topping up the public
sector comparator in favour of the PPP through a number of adjustments
which totalled £2.5 billion, Non-accountants may well think
that this approach to the public sector comparator stacks the
books in favour of the PPP. If reputable firms of accountants
disagree so dramatically on whether the PPP is value for money,
then a third independent audit needs to be made, prior to signing
the contracts.
We note, however, that earlier this summer,
Mr. David Jamieson answered a parliamentary question about "the
full value for money analysis" with respect to the PPP (Hansard,
16 July 2001, 9-10W), stating that the Government's response is:
"that the results of the full value for
money analysis will be made publicly available once contracts
have been signed. To publish the results any earlier would undermine
London Underground's commercial position and damage its ability
to achieve best value for the taxpayer."
We advocate that the Government reconsider the
position stated here for several reasons. The publication of a
value for money analysis only after contracts have been signed
will yield a foregone conclusionthat the contracts signed
were best value for moneyand this will not carry conviction;
as Mandy Rice-Davis once said: "they would say that, wouldn't
they." Since it was possible to publish the Deloitte Touche
report with commercially sensitive material deleted, this provides
a precedent for publishing the results of a genuinely independent
audit on a similar basis.
As Will Hutton of the Industrial Society has
argued(Observer, 26 August 2001), commercial confidentiality
is the figleaf which the Government and London Underground have
used to keep negotiations over the PPP behind closed doors. We
think that an independent audit prior to signing the contracts
might well work to enhance London Underground's bargaining position
by identifying areas where value for money could be improved.
As things stand at present, London Underground's many stakeholders
are being asked to accept as an article of faith that its senior
management will achieve best value for the passenger and the taxpayer
in negotiating with consortia involving a number of big companies
with extensive negotiating experience and skills which they deploy
on behalf of their shareholders.
The Deloitte Touche report has also argued that
because of the arrangements for periodic review it is only possible
to conduct a value for money analysis for the first 71/2 years
of the PPP, which is planned to run for 30 years, stating that
"these periodic reviews allow LUL's payments to the Infracos
to take account of changed circumstances and cost increases which
an `economic and efficient' Infraco would experience." (p5)
This may be the formal principle for these periodic reviews, but
it is hard to see how it can be guaranteed that they will operate
in accordance with this principle. It is not at all clear that
either LUL or Transport for London could enforce this condition
and restrict changes in payments accordingly.
2. Underground passengers and taxpayers
have been kept in the dark about the precise nature of the PPP
contracts; they will foot the bill one way or another if there
are subsequent problems such as costs being higher than originally
anticipated. The prevailing secrecy means that they are effectively
being asked to sign a blank cheque while blindfolded. It has been
observed that only advisors on the Government's payroll recommend
the PPP, and that independent commentators across a wide range
of political views do not think that the PPP will accomplish its
stated aim of modernising the Underground in a safe and efficient
way. Under these circumstances the concerns and fears of the travelling
public will only continue unless further information about the
nature of PPP contracts is made public before they are signed
Recent developments in connection with Railtrack
being taken into administration reinforce our concern that passengers
and taxpayers should know what the Government and London Underground
are signing up to. It has been argued that Railtrack was fundamentally
unworkable, because it did not have and could not raise the resources
required to maintain and modernise the rail network. The Industrial
Society's review (p129) was concerned that the bidding consortia
were too small to do the job. This is a matter which should be
settled before contracts are signed.
3. In the past decade, measures of 'customer
satisfaction' and performance targets have all too often been
a flexible friend for London Underground. London Underground has
repeated their untenable claim that customer satisfaction increased
between 1990 and 1995, using measures of customer satisfaction
that have been changed annually; this would not be acceptable
in advertising, and it should not be acceptable from the provider
of a public service.
Other performance measures have been withdrawn
from public view. We have traced the withdrawal of Passenger Charter
figures in Capital Transport Bulletin 98 (May-June, 1999).
We are particularly concerned that figures for the incidence of
attributable delays of 15 minutes or more, on a line by line basis,
are now no longer available. London Underground was only willing
to provide annual figures for the average number of such delays
in a four week period, in response to a parliamentary question(Hansard,
363-364W, 19 July 2001). We think that this is an important measure,
because passengers can claim compensation in the form of vouchers
for such delays. We are not persuaded that London Underground's
concocted statistic for weighted journey time provides an adequate
alternative to this measure: it deals with an average journey
time, whereas what matters to passengers are those tube journeys
on which they are significantly delayed, eg for 15 minutes or
more. We think that this information should be published, as it
was until 1996. We would also like to see a survey to establish
the extent to which passengers are aware of their entitlement
to claim for such delays. If it should emerge that significant
numbers of passengers are not aware of this entitlement, we recommend
that appropriate publicity be given to this right.
We are concerned that information about other
performance measures is only made public as a result of parliamentary
questioning. One such example is the information about the availability
of escalators on a line by line basis. (Hansard, 20 July
2001, 529W). On occasion, information has been provided in an
incomplete form, making comparison on a year by year basis difficult,
to say the least: the figures for train, track and signal and
points failures were originally given to Parliament only for three-quarters
of the financial year 2000-01 (Hansard, written answer
to question no. 159435, 8 May 2001), and further inquiries were
needed to obtain figures comparable to those given for previous
years. We think that London Underground should be more forthcoming
about its performance, and also that it should substantiate claims
such as those made in its most recent Annual Report, where it
was stated that the Central Line and the Northern Line were "the
best performing lines in 2000-01."
We recommend that there should be a set of key
performance measures which are used for a period such as a decade,
to enable comparisons to be made; we would like to see these reported
on a line by line basis as well as for the system as a wholepassengers
are entitled to know how the line or lines they most commonly
use are performing. This set should include attributable delays
of 15 minutes or more; the percentage of trains in service at
peak times and outside peak times; the percentage of escalators
and lifts in service; waiting time at ticket offices in the morning
and evening peaks; train, track, and signalling and points failures.
We should also like to see appropriate measures of the extent
of passenger crowding at peak times on a line by line basis, with
respect to actual performance: the figures published in Hansard
(22 March, 2001, 283 W) gave peak time passenger loadings on the
assumption that the system is operating as scheduled, without
breakdowns; because of the higher frequency of scheduled peak
time services, infrastructure failures have a greater impact on
these services.
At present, performance targets for London Underground
appear to be aspirational rather than enforceable. London Underground's
latest Annual Report stated that "customer satisfaction surveys...did
not attain the demanding targets set by the Government,"
but omitted to mention that its performance on four of the five
targets had deteriorated in the past year.
4. Capacity on the existing network can
best be increased by systematically planning the necessary modernisation
of the infrastructure. This requires an inventory of what needs
to be done and developing an overall plan on the basis of the
inventory. It is hard to see how this approach can be adopted
under the PPP, where there will be infrastructure companies charged
with modernising part of the Underground's infrastructure. Increasing
capacity within the existing network is a matter of great urgency,
because of the serious safety problem of present levels of overcrowding,
particularly at peak times. We think that it requires unified
management control, which is not on offer under the Government's
proposals. This is a serious limitation from the point of view
of value for money as well as for safety.
With regard to extending the network, we welcome
the planning consent for a southern extension to the East London
Line, and we would like to see priority given to the proposed
northern extension to this line, as well as to other possible
southern extensions. Developing the East London Line is a relatively
inexpensive way to extend the capacity of the existing network;
it can be achieved in a fairly short time frame, and it will benefit
areas of London which have poor transport links and where there
is recognised social deprivation.
5. Our greatest concern for passenger safety
is to do with the extent of overcrowding on tube trains, particularly
at peak times but also outside peak times. Existing levels of
overcrowding, when there is a rapidly increasing number of infrastructure
breakdowns is a volatile combination for safety. It requires constant
vigilance from front-line staff and rapid response to any kind
of disruption to services. This is a very heavy responsibility
for station staff, particularly at heavily used stations such
as King's Cross, Oxford Circus and Liverpool. Street.
Passenger safety for commuter journeys to and
from work, and also for late night journeys home from central
London, should require that there are sufficient staff present
on stations to ensure that passenger congestion does not become
a safety risk. We have received reports from commuters of being
part of an almost immovable mass of passengers, with no staff
in sight. Some of the video evidence compiled by a member of the
Greater London Authority for the GLA's Safer Journeys Home Scrutiny
Committee gave an alarming picture of late night passenger crush
at Leicester Square station, with no staff in sight.
Overcrowding was recognised in the Fennell Report
into the King's Cross Fire as one of the three principal dangers
to passengers at stations. (p154). Dr. Tony Ridley, then chairman
and managing director of London Underground said that:
"I have tried to stress that nothing is
more important that the problems arising from the very high congestion
that currently exists on the system."
One recommendation in this report (no. 62) was
that "reports of the most serious incidents of congestion
must be made to the Board of London Underground and to the Railway
Inspectorate." There should be evidence of the extent to
which London Underground has reported such instances to the Railway
Inspectorate.
We are also concerned that insufficient attention
has been given to stakeholder concerns about safety in connection
with the PPP. The Industrial Society's review of the PPP recommended
that "the HSE invite all interested parties to submit their
specific concerns about the PPP's safety regime." (p17) This
may not have been practicable in the light of the resources available
to the HSE.
The procedure adopted by the HSE was to require
London Underground to organise a stakeholder meeting, with the
HSE as an observer at this meeting. The aim of this meeting was
"to identify the significant findings (both strengths and
weaknesses) of relevant stakeholders to LU and the PPP" (Work
Element 15, An HSE Review of London Underground and its preparations
for the Public-Private Partnership, 5 December 2000). This
meeting was originally scheduled to take place before the end
of February 2001, and was finally arranged, with relatively little
notice given, for 19 September 2001. The meeting was by invitation
only, and at least one established passenger group with a safety
concern did not receive an invitation: the Campaign for Safer
Underground Platforms. The number of stakeholders present was
not large: we estimate that there were between 100 and 150 to
represent the 3.25 million passengers who use the Underground
daily. The time available for stakeholders to express their concerns
about safety was extremely limited: less than an hour in a two-hour
meeting. It is the view of Capital Transport Campaign that the
atmosphere generated by London Underground at this meeting was
inhospitable to the expression of genuine concerns about safety
and in some respects intimidating; this approach is hard to reconcile
with London Underground's frequently repeated mantra that safety
is their top priority. This should include respect for the concerns
of passengers and stakeholders about safety on the Underground
now and under the PPP.
September 2001
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