The Treasury conceived the Private Finance Initiative to deliver risk transfer, value for money, innovation, design quality and efficiency. Does PFI provide these apparent benefits?

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BSc (Hons) Business in Property                13 July 2010 17:30

The Treasury conceived PFI to deliver risk transfer, value for money, innovation, design quality and efficiency. Does PFI provide these apparent benefits?

Timothy Cook - 07502241

BA (Hons) Business in Property

University of the West of England

February 2010

Word Count: 9,486

This study was completed as part of the BA (Hons) Business in Property programme at the University of the West of England. The work is my own. Where the work of others is used or drawn on, it is attributed to the relevant source. This dissertation is protected by copyright. Do not copy any part of it for any purpose other than personal academic study without the permission of the author.

Timothy Cook                        Date:

………………….....                        24/03/2010


Acknowledgements

Thank you to Mutale Katyoka, for his motivation and support.

Thank you also to my Mother/Father/Helen and Uncle David who have listened to my ideas and offered me supreme advice throughout.

I would also like to take this opportunity to thank the organisations and authors whose academic literature I have used.


Contents

  1.          Abstract                                                                …5

  1.          Introduction                                                                …6

  1.          Literature Review                                                        …9

  1.          Research Methodology                                                …25

  1.          Discussion of Findings                                                …27

  1.          Conclusions                                                                               …30

  1.          Personal Reflection                                                        …33

  1.          References                                                                …34

9.0       Ethical Review Checklist                                                    …37                                                                


1.0 Abstract

The Treasury conceived PFI to deliver risk transfer, value for money, innovation, design quality and efficiency. Does PFI provide these apparent benefits?

Timothy Cook

BSc (Hons) Business in Property

University of the West of England 2010

The Private Finance Initiative is a policy created about two decades ago and developed scrupulously, ever since. It was originally brought about as there was a general consensus that tax payer’s money was not efficiently used when government was procuring buildings to provide public services. Thus PFI was conceived to enhance public service delivery through private finance and as an enhancement, providing greater VFM through the transfer of risk to the private sector.

This study looks at each PFI apparent benefit and analyses whether they provide what the UK Government promised they would. PFI plays a considerable role in the provision of public service delivery. PFI has been a very controversial policy and has been audited and reviewed many times. The Treasury has been under immense pressure to develop PFI so the policy can provide VFM. A review of the relevant literature is undertaken, with reference to PFI projects specifically.

PFI does not appear to deliver any of these benefits at present. This can contributed towards the European Procurement directive which brought about barriers to the bidding stage and thus made the PFI market uncompetitive.


2.0 Introduction

2.1 Acronym’s

2.2 The introduction of PPP to government public service delivery and its affect on the provision of services

This is a scheme designed to deliver new schools, new and improved hospitals and improved infrastructure for the benefit of today’s and future generations. The International Financial Services (2003) identify that with PFI accounting for some 15 % of public sector capital investment since 1996 under the policy of PFI and Public Private Partnerships (PPP) what cannot be argued is that significant levels of capital expenditure are being pumped into public services through this policy.

2.21 Use of Private Finance in Public Services - Pre 1992

In 1979 with the conservatives coming into power many policy and legislation changes were introduced within rafts of policy reform aiming to reduce public expenditure. Within public services the introduction of Compulsory Competitive Tendering (CCT) was introduced to expose all “blue collar” defined activities e.g. ground maintenance, refuse collection etc to private sector competition and this changed the landscape of public sector provision irrevocably with major private sector companies borne from this era.

This quest for cost effectiveness in public service revenues was allied by the continuing policy debate on capital projects. In 1981 the National Economic Development Council (NEDC) formulated the “Ryrie Rules” which stated that “decisions to provide funds for investment should be taken under conditions of fair competition with private sector borrowers” with HM Treasury (1988) stating that “such projects should yield benefits in terms of improved efficiency and profit from the additional investment”.

In 1989 the Ryrie Rules were abolished. John Major then the general secretary to the treasury in a speech to the Institute of Directors (1989) commenting that they had “outlived their usefulness were seen as incomprehensible and set impossible hurdles” this major shift in policy was intended to further the conservative party belief that further private sector involvement was required to deliver public service reform. Importantly the government was looking to stimulate private sector interest to “bring forward schemes that are privately financed which offer value for money for the user and the tax payer”.

The Ryrie Rules were subsequently amended so that contracting out, mixed funding and partnership schemes could be used as governance models and that private finance could only be introduced where they offered “cost effectiveness”.  Significantly HM Treasury (1992) instructed that privately financed projects “had to be taken into account by the government in the public expenditure planning”. This fundamentally brought the position on policy back to that of the labour government in 1977 with capital expenditure contributing to PSBR.

Within the 1992 Budget Statement which set out PFI guidelines the then chancellor of the Exchequer, Norman Lamont, articulated the transfer of risk as an integral part of PFI projects and where this risk stayed with private sector  “public organisations will be able to enter into operating lease agreements, with only these lease agreements counting as expenditure”.

It is important to contextualise this time in public service financing with other public policy reform that was occurring at the time. Prior to the conservative government in 1978 the public sector could be considered as fully vertical integrated providers from setting policy (or translating national policy) specifying services and actual delivery. The conservatives set about changing this programme to one of Public Management and through deregulation, policy reform and government re organisation sought to introduce market principles into public services. Within this the public sector became the enabler whereby it specified the outcomes required using procurement instruments provided through legislation e.g. CCT for revenue based activities and PFI for capital schemes .

2.22 The Development of PFI - Post 1992

The 1993 budget statement sought to stimulate greater involvement from the private sector following little interest being expressed. Yet nearly a decade later the controversy still rages over the policy with Stefanou,  Chair of Local Government Procurement Panel, cited by Hirst (2002) commenting that “the city had been getting much too starry eyed over support services investments with everyone chasing that pot of gold”.

A significant change to PFI came within the election of Labour in 1997 who re-badged the scheme as Public Private Partnerships. Government reforms were introduced into procurement to meet the efficiency, value and modernisation agenda, led by Sir Peter Gershon, identified weaknesses in procurement and led to the standardisation of PFI contracts. This new standardised contract had the aim to “enable public sector procures to meet their requirements and deliver best value for money”. Subsequent revisions to the SoPC in 2002 and 2004 have not altered the original requirement to achieve and deliver value for money.


3.0 Literature Review

Chapter 3 reviews UK literature on public service delivery. The first step is to establish the history and definition of PFI.  As PFI was not the original procurement process, next section provides an overview of traditional and PFI processes to clarify both. This will be followed by highlighting the main issues surrounding PFI; one of these issues is PFI consortiums’ attempts to increase profits and this will be explored in more depth, gathering literature on the significance and implications of this issue. Finally, a summary of government policy and regulation - towards mediating this main issue completes the review.

3.1 What is PFI

PFI was officially announced by the Chancellor (Norman Lamont) in 1992: ‘with the aim of increasing the private sector in the provision of public services’. PFI is considered a form of PPP; PPP is a generic term for the relationship formed between private sector and public bodies. The function of PPP is stated by Treasury (2000) as introducing private sector assets and services to public bodies.

PFI is also defined by the Treasury (2000) as only a service provider from the private sector, not an asset.

The Private Finance Panel (1995) defined PFI as being a new procurement process, that it ‘enables value for money’ and ‘through competition enables innovation’.

The NAO (1999a &2001) definition again mentions the perceived benefits and goes onto say ‘PFI can enable departments to undertake projects which they would be unable to finance conventionally’. Interestingly this means the reduction of risk for public bodies is due to private finance being used instead. It also gives the impression the UK Government’s ‘other’ reason for using PFI which is due to accounting purposes – which may mean not all PFI is awarded due to VFM but because they can be financed by somebody else.

From the above definitions we can summarise the key perceived benefits of PFI are: introducing resources, expertise, risk transfer, innovation and better management – all of which lead to VFM and thus on budget and on time.

3.2 PFI Procurement Process v Traditional Procurement Process

Table 1.1 shows the differences between the procurement processes of traditional and PFI Dixon et al (2003)

Sussex (2001) describes the traditional procurement process as “...financed by the Exchequer, designed by external consultants in conjunction with the public sector client and constructed by private sector contractors following a process of competitive tendering. On completion, the infrastructure is operated and maintained by the public sector client, either directly by in-house staff or indirectly using private sector contractors. The public sector client owns the infrastructure and uses it to provide services direct to the public”.

Treasury Taskforce (2000) explains the method used in deciding on which route is best value for money. The Treasury uses the Green Book guidance to decide, developed by Treasury Taskforce (2000), which states there must be a comparison of the PSC to the PFI bidder estimates. Boussabaine (2007) defines PSC as ‘the notional annual costs were the scheme to be conventionally publicly financed, as a means of assessing VFM’. If the PFI cost scheme is less than the PSC then the PFI route is chosen. However the lowest bidder for the contract is not necessarily the chosen winner; as the awarding authority may also decide on design quality and potential innovation as stated by Allen (2001). Unison (2005) mentions the PSC is an original adjusted figure from a similar project and then increased by 2-23% as required by the Green Book guidance. The justification behind the increase is ‘demonstrated, systematic, tendency for project appraisers to be overly optimistic about risks’ (Treasury design – green book).

From this Unison (2005) says that bias is thus likely to occur, when deciding on which procurement route to choose from; bias can occur in three different instances.

1.        Non comparable population, where the source says before 2003 like was not compared with like; so the PSC would be invalid as a comparator as for example some case projects would be compared from refurbishment to potential new builds.

2.        Sample bias is the second bias mentioned, when choosing costs for PSC. The source goes on to say the low sample sizes of previous projects can also lead to less accuracy when forecasting procurement costs.

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3.        Measurement bias is the third stated reason for bias occurring. “It occurs when different baselines are used to compare the two groups”.

Dixon et al (2003) shows us PFI are not awarded projects so simply, there are many processes to go through before the contract can be awarded. Housing Corporation (2005) explains the PFI procurement process, as shown in table 1.2;

Table 1.2

this shows the tasks of the Government, ...

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