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Chamber and committees

Transport, Infrastructure and Climate Change Committee,

Meeting date: Tuesday, May 6, 2008


Contents


Railways

The Convener (Patrick Harvie):

Good afternoon and welcome to the ninth meeting this year of the Transport, Infrastructure and Climate Change Committee. I remind all present that mobile phones and other such devices should be switched off. It is impressive that even the deputy convener has her phone switched off today.

The first item on our agenda is the extension of the First ScotRail franchise. The committee will be able to hear more about the background to, and implications of, the decision to extend the franchise with First ScotRail, and the circumstances around the decision's timing. We will also be able to ask questions about the recent announcement that Transport Scotland will assume management of the Glasgow airport rail link project.

I welcome to the meeting the Minister for Transport, Infrastructure and Climate Change, Stewart Stevenson, and his officials Malcolm Reed and David Binnie. Thank you for joining us. I invite the minister to make his opening remarks.

The Minister for Transport, Infrastructure and Climate Change (Stewart Stevenson):

Thank you, convener, for the invitation to answer questions on the Glasgow airport rail link management transfer and the decision to extend the First ScotRail franchise.

I will speak about GARL first. Reviews are taken at key stages for each major infrastructure project: the GARL project is at a key stage and tenders for significant branch-line works will commence shortly. Transport Scotland, through a due-diligence review of the project, has determined a structure to make best use of the core skill sets and experience within the delivery organisations.

The delivery partners agree that Transport Scotland's having overall responsibility for direction and governance will ensure that the project will continue to be delivered efficiently and effectively. Transport Scotland and Strathclyde partnership for transport officials are working to facilitate the necessary transfer in mid-May 2008, which will keep the programme on schedule.

Moving on to the decision to extend the First ScotRail franchise, I was pleased to announce the extension on Thursday 3 April. The deal creates £70 million for reinvestment in rail services, secures initiatives that will deliver existing commitments and additional schemes out to 2014, adds a profit cap to guard against franchisee profiteering and secures performance levels for the remainder of the franchise.

The revenue share provision in the contract that was let in 2004 was set at a 50:50 split at 102 per cent of target revenue, and at an 80:20 split in the Government's favour at 106 per cent of target revenue. The franchisee greatly exceeded revenue targets in respect of revenue share provision, so the 80:20 split occurred during 2007-08 and would remain for the rest of the franchise's life. Under those circumstances, the franchisee's focus would be on lowering costs and not growing the business.

The Scottish Executive and the franchisee have been in discussion since autumn 2006. It is worth noting at this stage that the deal took one and a half years to complete, compared with the four years that it took to complete the previous refranchise exercise.

The new revenue share sees the 50:50 split commence at 110 per cent of target revenue, and the 80:20 share commence at 114 per cent. A similar revision was made to reduce Government's exposure to the downside split, which went from 98 per cent to 94 per cent for the 50:50 split, and from 94 per cent to 86 per cent for the 80:20 split. Legal drafting of the agreement commenced in March 2008, but the option to extend the contract has existed since the franchise was let in 2004. This, of course, is not a refranchising; rather, the extension represents the award of a provision within the existing contract, on which there was wide consultation. We acted within restrictions as defined in the Financial Services Authority's definition of insider trading. We are not seeking to protect FirstGroup plc's share price, but to protect people by not divulging sensitive information.

Key stakeholders, including the committee, received notice as early as possible on the day of the announcement. Nonetheless we will, as appropriate, engage with stakeholders on the reasoning and benefits of the decision to extend the contract and on how best the secured initiatives can be implemented. The engagement that is about to commence will be within the boundaries of our key policy commitments in the national transport strategy and "Scotland's Railways", which were both consulted on widely.

The franchisee has exceeded growth and performance targets in several areas of the contract. The 80:20 revenue split had started, so to delay decisions would have made the franchisee less incentivised to grow the business. The award of the extension secures performance levels now, releases £70 million for reinvestment in public services now and allows initiatives to be implemented now.

The combination of waiting for the conclusion of Audit Scotland's report with a fall in revenue growth could have reduced the deal's value by about £4 million. That figure does not take into account the loss of longer-term benefits in franchise 3. The conclusion of Audit Scotland's report will help in managing and maximising the franchise and looking for opportunities and options for the future. I understand that Audit Scotland has revisited that report's remit and that it will review all the amendments that were made through the extension agreement, the process—including specification and requirements—of the award, whether requirements were met, and the timing of the award.

The extension award process took 18 months. A wait until October to commence it could have resulted in a shorter extension criteria period and time pressure on refranchising. The extension has several financial and passenger benefits and will be implemented with no change to the subsidy levels that were set out in the initial agreement. The extension will ensure a more sustainable franchise in the long term, as the incentivised franchisee will continue to grow the business for the remainder of the contract. The deal will also ensure continuity in the planning and delivery of the 2014 Commonwealth games, as rail services are an important part of that. The deal adds to transparency for future bidders or operators by requiring the franchisee to work on a full set of bid and handover information, even when the plans might be to move to an entirely different basis of operation after the end of the franchise.

I thank Mr Harvie for the invitation to give evidence. The changes that I have outlined represent the Government's commitment to build on the levels of improvement in rail services in our country. I am happy to answer questions.

The Convener:

Thank you. The committee is joined by Karen Whitefield, whom I welcome.

We have several questions. I will begin by addressing a few questions that you have been asked in the chamber, the answers to which some members felt were not fully clear. Who initiated the discussion about the possibility of extending the franchise? Was that done by FirstGroup or the Scottish Government? When did that happen?

David Binnie (Transport Scotland):

The possibility did not emerge on a precise date. Through our monitoring of the franchise and an equivalent process that FirstGroup and First ScotRail have for understanding what is happening in their business, a set of issues emerged. It became clear to us that the franchisee was doing extremely well—far better than had been expected. The figures for passenger growth were pretty dramatic and were well up, to the extent that more than 80 million passenger journeys are expected this year, and First ScotRail's punctuality was up by 50 per cent against a 2 per cent year-on-year increase target. First ScotRail was doing extremely well and the franchise was running ahead of itself. Our concern started to be about how the company would sustain that progress and what incentive it had to do so.

If the committee will indulge me, I will run through something that will be clear at its conclusion. If First ScotRail wants to invest £1 in a new initiative, a fresh £1.10 of revenue must be generated to see a 10 per cent profit. However, under the 80:20 revenue share, FirstGroup realises only one fifth of the money that is collected as fresh revenue. Under that model, a fresh £1.10 of revenue returns only 22p to it—a loss of 78p in the pound. To break even, it needs £5 of new cash to come in and to make a 10 per cent target profit of a further 50p. That is the crux of the matter. Every new £1 that is spent needs to bring in £5.50 of new revenue for the franchisee to make 10p profit. The 80:20 split that we expected at the end of the franchise occurred pretty early on, so the incentive was starting to disappear. We and ScotRail understood that to be happening.

Forgive me for interrupting. There must have been a point at which a decision was made to begin formally negotiating the detail of a franchise extension. When did that happen and how long were the negotiations?

David Binnie:

The situation became clear in the autumn of 2006. We went to ministers in December 2006 and received agreement to renegotiate revenue share and extension of the franchise with First ScotRail and to secure initiatives and investments from it in return.

So, in December 2006, ministers gave permission to begin the negotiations. When did they begin?

David Binnie:

Negotiations commenced at that time.

They commenced immediately and lasted until when?

David Binnie:

Until their fruition was announced earlier this year.

So it took almost a year and a half to negotiate the details.

David Binnie:

Indeed.

The Convener:

Another issue that has been raised is what the implications would have been of a delay in concluding the negotiations and making the announcement. As far as I recall the minister was unable to answer on the cost to the taxpayer—or the opportunity cost—of a delay to the decision. In fact, you were not able to say whether you had asked your officials for that information. Are you able to give us answers to those questions now?

Stewart Stevenson:

In my opening remarks, I said that we have been able directly to identify a cost of £4 million that would have arisen if we had waited for the Audit Scotland report. However, the matter is more fundamental than that and it is a bit more difficult to provide exact numbers because, having hit the 80:20 split, it was perfectly clear that First ScotRail would cease to market the service, which would have lost us the opportunity to continue the significant growth in passenger use of the rail network. Therefore, there would have been a much wider loss in the public policy of achieving modal shift and getting more people on our trains, which is substantially difficult for us to monetise in the way that the question perhaps invites.

In our view, if the growth had stopped, that would have reduced the value of the franchise in 2010, when reletting would have taken place. Again, it is difficult for us to express that in monetary terms, but it was clear that, in addition to the cost of time, to which I referred as an estimated £4 million, there were other potentially substantial financial losses. Moreover, given that the impact would have run counter to public policy and that the benefits that we could get from investment—the additional £70 million—were on the other side of the balance sheet, there was a decisive case for ministers continuing the steps that my predecessor had initiated.

Outside of the Government and FirstGroup, who else was consulted?

We carried out extensive financial modelling, and we used outside consultants to check that the modelling was robust. I am confident that the modelling was robust and appropriate.

Beyond the commercial consultants, were any stakeholders consulted?

Stewart Stevenson:

No. There was, of course, wide consultation on the national transport strategy and on "Scotland's Railways"; and there was wide consultation when the franchise was first let and when the terms within which we were operating moved forward. Like my predecessor, we moved forward with the process under the powers in our contract with First ScotRail.

The Convener:

You will know that the decision came pretty much out of the blue for most people—even for the committee. We received a letter of three paragraphs to inform us about a highly detailed and complex decision that has significant implications. You say that you had not consulted; and, as far as I am aware, the detail behind the decision has not been provided. Were you at all concerned about how that would come across, with the decision coming out of the blue?

The agreement was lodged with the Scottish Parliament information centre on Thursday and has been on the public register since then. The very substantial detail that underlies—

The decision had been announced.

Correct.

The information was not available for about a month after the decision was announced.

Stewart Stevenson:

We wanted to be clear about what parts of the agreement we could publish. Two small areas have been redacted within the agreement for the time being. What we have published shows a level of detail that is quite unprecedented in respect of franchise agreements. By taking the time to ensure that some parts of the agreement could be desensitised and, therefore, be made publishable, we have ended up with a document that will be of great value to the Auditor General, to the committee and to everyone who wishes to see what is in the new agreement with First ScotRail.

I am sure that, if that is the case, you will have it sent to the committee as well as to SPICe.

In a moment I will allow other members to ask questions, but first we will have a brief supplementary question from Alison McInnes.

The minister said that it was clear that ScotRail would "cease to market" its services. Was that a specific threat from ScotRail, or was it just your intuition that that would be the outcome of not renegotiating?

Stewart Stevenson:

As David Binnie said, for any investment by First ScotRail in marketing to make any profit, it would need to get £5 for every £1 that it put in. We knew the numbers and, based on performance up to that point, it was clear to us that that was unachievable and that no sensible business would try to achieve it. The preliminary conclusion in that regard was ours.

There was no threat of any kind from First ScotRail. The discussions that our officials had with First ScotRail on the new agreement were, of course, geared towards relieving the constraints that had been brought about by overperformance, which had not been anticipated when the agreement came into operation in August 2004. Those constraints had to be addressed and corrected. The option to extend the franchise, which had been envisaged by the original agreement and was incorporated in it, gave us the locus to do so.

Given the SNP's previously stated position, did the Government, when it took control, consider developing a not-for-profit model that could be introduced in 2011, rather than going for the extension?

Stewart Stevenson:

We thought it prudent to proceed in the manner that we had laid out in our manifesto for the elections of 2007. We wanted to extract best value from the agreement and to explore the options that the previous minister had considered for extending the franchise. It became apparent that the company was delivering extremely well and that we could get £70 million for new investment in our railways. Given that it took four years to put the previous franchise agreement in place, the timescale left us considering that extension of the franchise was far and away the best option.

For future reference, if "No" is the answer to a question, "No" will do.

Charlie Gordon (Glasgow Cathcart) (Lab):

I will stick with the fundamental issue that Alison McInnes raised. The minister indicated that one concern that drove the deal was that the franchisee might reduce its commercial efforts as it came to the end of the franchise. Is it not a fundamental weakness in the nature of franchising that if a company is not sure whether its franchise will be renewed it will start to ca cannie as it gets to the back end of a franchise period? It is therefore worth keeping alternatives to franchising in mind.

Stewart Stevenson:

In the past, the argument has been made for franchises as long as 15 years. Indeed, 15 years was one of the franchise lengths that was considered in the last substantive round of major refranchising, in which First ScotRail was the last to be refranchised. By extending the franchise by three years, we are not only giving the company an incentive to deliver for the benefit of public transport in Scotland, but are ensuring that the Government is—on the public's behalf—getting value for money and securing new investments in services, including, for example, new services to Shotts.

You pointed out that the consultation process began in autumn 2006. Was Transport Scotland considering all the options, or had a decision been taken in autumn 2006 that the franchise would be extended?

Malcolm Reed (Transport Scotland):

At that stage, we were not looking at refranchising. You will gather from David Binnie's comments that the process arose from monitoring and managing the franchise. We realised that issues were emerging that required more analysis and more discussion. We got a steer from the then ministers that the line that we were following seemed to be appropriate, but refranchising was not discussed at that point.

So the work that began in autumn 2006 was to examine the options and no decision was taken. If that was the case, when and by whom was the decision taken to extend the franchise?

Malcolm Reed:

No decision was taken to extend the franchise until recently. The question that we put to ministers was this: Should we pursue negotiation of the option to extend? That option was always contingent on the terms that we could achieve through the negotiation.

Can you define "recently"?

Stewart Stevenson:

We found when we came into office that only a single option was being pursued. Of course, I cannot speak about decisions that were made by previous ministers—it would be inappropriate for me to do so—although officials may be able to help with the specific questions. On that basis, and given that there was less time available than it had taken to put the previous agreement in place, we made the initial judgment that we would pursue the approach that had been started by the previous Executive's ministers. As the negotiations proceeded, it became apparent that it was possible to extract more value for the public purse and to develop Scotland's railways to a greater extent. That led to us finalising figures in March: on that basis, the Scottish ministers decided that we would proceed with extension of the contract, thus delivering on the process that my predecessor had started.

Karen Whitefield:

You said that the figures were finalised in March. When specifically did you give Transport Scotland a clear indication that you wanted to fulfil one of the options that the previous Executive had considered? If you did so prior to the end of February, why did you tell the Scottish Trades Union Congress and the rail trade unions at your meeting with them in February that the Scottish Government was not considering an extension to the ScotRail franchise?

Stewart Stevenson:

I am afraid that Karen Whitefield is misrepresenting what happened in two respects. First, you referred to "one of the options". A single option only was available to us, although I suppose that doing nothing could have been another option. The decision that the figures justified our progressing with that option was taken in March. Secondly, what I said to the STUC was not as you represented it.

Cathy Peattie (Falkirk East) (Lab):

Good afternoon, minister. I want to return to consultation. Would it have been good practice to have engaged in an appropriate level of consultation, particularly given the public interest in the services that are provided under the franchise and the significance of the public funds that are involved? Passengers, trade unions and other stakeholders have a clear interest in the matter.

Stewart Stevenson:

We have something to consult on now that we have figures in front of us and we have reached an agreement with the company, and we have 18 months during which we can, if appropriate, not proceed with extension of the agreement. We intend to engage with stakeholders.

But is not it good practice to consult people prior to making arrangements and having such discussions?

It would be difficult to provide numbers in advance of having an agreement with which to proceed.

Yes, but perhaps you could have considered service levels and so on.

We can and we will do so now.

Forgive me, minister, but I would like to clarify something that you said. You said that you have 18 months in which you can consult. Does that mean that there will or will not be public consultation?

We are engaging with stakeholders.

Will there be a process of public consultation of stakeholders?

Yes. We are engaging with stakeholders.

Will you say who the stakeholders are, please?

We have a preliminary list of stakeholders. If members think we should talk to other people, I would be happy to hear from them.

The committee would welcome having that list of stakeholders.

Yes.

Cathy Peattie:

Why was it necessary to sign the new franchise agreement during the parliamentary recess in April 2008? We have heard that work had been done for a year and a half before then and that decisions were made in March, but the agreement was signed during a recess. Could signing it have waited until Parliament was in session? Would not that have been easier?

Stewart Stevenson:

It would have been neither easier nor more difficult. There are well-established processes that allow the business of government to continue during recesses. The original franchise was let during a recess in 2004. Every delay in signing the agreement would potentially make the company's situation risky. We should consider some of the things that happened soon after the agreement was signed. It is possible that First ScotRail would have become less inclined to sign an agreement on the basis of the figures that were before us at that point.

Shirley-Anne Somerville (Lothians) (SNP):

During the last three months for which figures are available, 87.3 per cent of First ScotRail trains arrived on time, which is only 0.4 per cent better than the United Kingdom average, and around 8 per cent lower than the most punctual operator's figure. In your opening statement, you said that First ScotRail's punctuality was one reason why the franchise was extended. Given that First ScotRail's performance is still quite poor in respect of punctuality, for example, how do you justify the franchise extension?

Stewart Stevenson:

The most recent figures, which date to the end of 2007, show that the moving annual average continues to rise. Indeed, the agreement that was signed with First ScotRail in 2004 sought to have it reduce its late-running minutes by 2 per cent per annum. In fact, in the first three years of the franchise, it has achieved an improvement not of 6 per cent, but of 50 per cent.

There are substantial geography and climate challenges in Scotland, and the last quarter of the year is one of the more challenging, so the fact that the moving annual average has continued to rise is quite encouraging. It is currently sitting at 90.1 per cent against that particular quarter's 87.3 per cent. We are seeing substantial improvements and a rate of improvement that is among the best in the business. We are also seeing management who are engaged in delivering more.

What within the new provisions that you have made will ensure that there will be not just continued improvement but continued improvement at a better rate?

I invite David Binnie to speak on that subject.

David Binnie:

The franchise extension is based on four criteria. The first criterion is the achievement and maintenance of train performance at at least the level shown in the revision, which is based on a review of recent performance. The second criterion is the achievement and maintenance of the service quality incentive regime—SQUIRE—performance, which is about not the timing of the trains but the cleanliness of the trains and the stations. The third criterion is the delivery of priced options and committed obligations under the terms of the franchise and its revision, where appropriate. The fourth criterion is there being no outstanding event of default or remedial action not being addressed.

Shirley-Anne Somerville:

Minister, you told Parliament on 17 April that there had been a 30 per cent increase in First ScotRail passenger numbers. However, First ScotRail has indicated that there was a 19 per cent increase. There is quite a discrepancy between the Government's figure and First ScotRail's figure. Can you explain which is correct?

Stewart Stevenson:

They are both correct at different points in the timeline. The audited figure to the end of 2007 is 19 per cent. We get reports from First ScotRail every four weeks, on the basis of which we expect the figure to be 30 per cent at the end of 2007-08. So both figures are correct: they simply represent the increase at different points in the timeline.

David Stewart (Highlands and Islands) (Lab):

Minister, in your statement to Parliament you said that, under the current franchise agreement,

"Analysis shows that First ScotRail will return revenue to the state at 80p in the pound for the remaining life of the franchise."—[Official Report, 17 April 2008; c7711.]

How many pence in the pound will First ScotRail return to the Scottish Government following the extension of the franchise?

Stewart Stevenson:

It will return £70 million extra to the Government to spend on projects. The rate of the return will reduce to 50 pence in the pound until we reach 110 per cent—I beg your pardon. When we reach 110 per cent, it will be 50:50; when we reach 114 per cent, it will become 80 per cent once again. So we have raised the level.

We have also, for the first time in franchising, included a cap on profits so that, if the profits exceed £30 million, we will get 50 per cent of the excess. So the mix of what we will get from that source is dependent on performance, and we have created an environment in which First ScotRail is incentivised to drive up performance. In addition, it is committed to delivering £70 million to us.

David Stewart:

Leaving aside the £70 million, which is contractual and is about going early and getting extra sums back, I am talking about the day-to-day sum and the relationship between First ScotRail and the Government. Under the initial contract the return was 80p in the pound, but you tell me that it is now 50p. That is a big loss to the taxpayer.

Stewart Stevenson:

We have maintained without any increase the amount of money that we will pay First ScotRail for running the railway. The figures that we are talking about are in addition to that amount, so there are no additional costs and no losses at that level.

We have taken the £70 million out of the money that ScotRail would otherwise receive. The deal gives us substantially more money to invest in Scottish rail infrastructure without any additional costs to the public purse and, indeed, there is the potential for even more money to come our way if First ScotRail's performance continues to improve.

I understand that there are four constituencies here: the Government, the taxpayer—although you could argue that that is almost the same thing—the travelling public and how to incentivise ScotRail. How do you square that circle?

Stewart Stevenson:

With this particular square circle all corners are moving in a positive direction simultaneously. I see from Mr Johnstone's expression that his head is beginning to hurt. If you get the relationship right between parties in a contract, all parties should benefit. That is why contracts are signed in business.

The taxpayer benefits because we have held the level of subsidy given to the franchisee while at the same time extracting additional money to invest in our railways and putting a cap on the profit limits of the franchisee. For the public, we have a raft of additional services, about which we will engage with stakeholders. For example, I hope that we will get support for the additional services that we envisage to Shotts. There is also incentive for First ScotRail to create a way forward that allows it to share in the benefits of continuing patronage growth on the rail network. The Government, the taxpayer, the public and ScotRail should all benefit, as is proper in a well-founded contract.

Are you saying that for the years of the extension the taxpayer will pay less than they would have under the original contract?

The headline subsidy figure will be the same—it is level at the baseline. In addition, we will get money back to invest in our railways. In effect, we will get an improving service with increased patronage for less money.

Finally, how will the revised revenue sharing agreement differ from the current agreement? Although you have already covered some of that ground, will you summarise it for the committee?

Stewart Stevenson:

The original agreement was that revenue would be shared 50:50 when 102 per cent of the target was reached. When 106 per cent was reached, the share would go to 80:20. We have already reached 106 per cent. We have revised the agreement so that at 110 per cent the share is 50:50, and at 114 per cent it goes to 80:20. However, because of continued growth, the £70 million and the cap on profits at £30 million, the revised agreement will deliver more value to the public purse.

Minister, can we explore the £70 million investment fund? FirstGroup said that the £70 million comes from

"converting future estimated revenue share payments into an investment fund".

Will you clarify that?

It means that we get the £70 million whether or not there is an increase, whereas previously, moneys would have been contingent on ScotRail's improving its performance.

How will you select the projects that will receive money from the investment fund? What dialogue will there be with stakeholders about the prioritisation of that spend?

Stewart Stevenson:

We have a significant number of priced options, which are in the agreement that has been lodged with SPICe. I will give you a flavour of them. There are improvements to Aberdeen, Fife and Edinburgh services, and in the operation of the new Laurencekirk station. We have half-hourly services to Kilmarnock and improved services to Ayr and Stranraer. Extending the 15-minute-frequency service between Edinburgh and Glasgow is to be consulted on. There are Sunday services between Alloa and Queen Street and between Partick and Larkhall. There is an additional limited-stop service via Shotts. There are additional early morning services to allow connections to London trains, because, at the moment, too many trains leave for London without people being able to get to Edinburgh. There are improvements to connections between Dunbar and Edinburgh and between Glasgow and Perth, improvements to the far north lines to Wick, and a virtual branch line to St Andrews. I am looking in my papers for one example in particular, involving Inverurie, in which I know you will be interested.

The Convener:

If I could interrupt for a moment—apologies to Alison McInnes—it would have been extremely useful for the committee to have advance sight of that information, rather than listen to you read from a list and try to find the right page in the middle of the meeting. I hope that it can be marked for future reference that such information is much more useful if given to the committee in advance.

Alison McInnes:

Some of those services—in fact most of them—are ones to which the minister referred in his statement to Parliament. I was disturbed—I wonder if the minister was—that he successfully negotiated a range of service improvements for many parts of Scotland, including the far north, but failed to take the opportunity presented by that negotiation to secure much-needed improvements for the comparatively poor rail services in north-east Scotland. I note that the minister mentioned Laurencekirk this afternoon. What dialogue will take place with stakeholders about prioritisation?

It seems to me that you have taken all of those decisions to improve services based on documentary evidence. I agree that there was a good deal of consultation previously, but it was not based on asking, "We are about to extend the franchise to 2014. Will your priorities change if we do that and would you seek to negotiate different things?" How much of the £70 million have you already negotiated away on those services and how much is left for people to bid on now?

Stewart Stevenson:

The process of amending the agreement between the Government and First ScotRail—the franchisee—is continuous. Changes are made on a regular basis. We are making a substantial change that brings new money to invest in Scotland's railways. We have a portfolio of options. I know that mention is made somewhere of additional services for Inverurie, so the north-east is getting its share, as is Aberdeen. The process of engagement that we will undertake will give us the opportunity to refine and amend—as we always can do—what is available. We have a portfolio of "priced options"—that is the term in the existing agreement—with which we would like to proceed. I expect that many people agree with the things that we have included. We will find out as we engage.

Alison McInnes:

In your parliamentary statement you indicated that resetting the revenue share has brought longer-term benefits of approximately £50 million in reduced subsidy. You have explained some of that already, but can you provide more clarity as to how you arrived at that figure? What do you intend to do with the £50 million that has been saved?

Stewart Stevenson:

Basically, as the railways continue to grow, there are significant opportunities for Government to gain further money with profit capping, continuing growth and the 50:50 revenue sharing that kicks in at 110 per cent. By and large, we expect to obtain substantial benefits from the agreement, including the £50 million. First ScotRail will have every incentive to earn that money, and the public purse will get access to as much money as possible and is practical to improve rail services.

You said that the new profit-sharing mechanism will begin when First ScotRail profits rise above £30 million. Has it ever made £30 million annual profit under the current franchise?

We have modelled the profits that First ScotRail is making and expects to make. We have also taken independent advice to see whether the model is robust. We believe that £30 million is the figure at which First ScotRail is currently trading.

How will any profits above £30 million be split between First ScotRail and the Scottish Government?

They will be split 50:50.

Charlie Gordon:

You told Parliament:

"Benchmarks have been tightened to secure good performance".—[Official Report, 17 April 2008; c 7712.]

What are those tightened benchmarks? How will they be monitored? What are the sanctions for failing to meet them?

David Binnie:

The benchmarks are based on a review of First ScotRail's recent performance, which has been at an increasingly high level. We have sought to capture that. Performance will be monitored through the existing rail industry mechanisms.

Malcolm Reed:

First ScotRail has an enormously powerful incentive to meet the new benchmarks. If it fails to do so, the extension will lapse.

That is a good cue for my next question. The extended franchise is scheduled to end just before the Commonwealth games come to Scotland.

It will end just after the games.

Charlie Gordon:

It will end in the same year as the games. I return to the point that you made earlier about franchisees tending to ca cannie—to use my phrase—near the back end of a franchise, if they do not think that they will get the business again. Does the timing of the end of the franchise not worry you? I would look for a franchisee that is seeking to excel in the year when the whole nation will be in the shop window of the world.

Stewart Stevenson:

I take a different view. With the eyes of the world on Scotland and its transport infrastructure, the last thing that the franchisee will want will be to damage its credibility by delivering anything other than world-class services for the Commonwealth games. It is useful to have the games at the end of the franchise, to maintain the performance levels that we seek, rather than have them tail off, as might otherwise happen. That is a judgment call.

The key will be whether First ScotRail thinks that it will be awarded the franchise again.

Other members have supplementaries on benchmarks. I am not sure that we have received a clear indication of what the benchmarks are. Someone must know that.

David Binnie:

Are you referring to the four areas of benchmarking that we have mentioned?

The minister said:

"Benchmarks have been tightened to secure good performance".—[Official Report, 17 April 2008; c 7712.]

What are those benchmarks, and how have they been tightened?

Stewart Stevenson:

I can explain some of the difficulties by showing the committee that the benchmarks are very detailed. They specify target performance levels for minutes delayed and breach levels, and cover individual periods. There are 13 periods for capacity in year five, for example.

Can the figures be supplied to the committee in writing?

Stewart Stevenson:

They are part of the agreement, so when we send you the agreement, they will be available to you. If we do not give you the precise answer that you reasonably seek, it is because the benchmarks are developed in such considerable detail that it might take up too much of the committee's time to do so.

I am sure that it will not come as a surprise to you that we are disappointed that we did not receive that detail before you came to answer questions from us.

Cathy Peattie:

I am particularly interested in benchmarking around access to rail services for disabled people and their families. What benchmarks are in place to improve services for them? I know from my work on the Equal Opportunities Committee that services are not always good and accessible. I am talking about trains as well as stations. What will be done to improve services and how will those improvements be monitored to ensure that they make a difference for disabled people and their families?

Stewart Stevenson:

The member correctly points to stations, responsibility for which is held in partnership with the Department for Transport. In other words, Transport Scotland prioritises stations, but it is the DFT's programme. I have discussed the matter with my opposite number at Westminster who, like me, is anxious to make as much progress as possible.

An example of an issue that we are considering is the standardisation of the position of buttons in train toilets. The fact that different models of rolling stock use different button configurations can present difficulties. There is a new European standard to which all new rolling stock will have to adhere. It will take some time before the effect of the new measure works its way through the fleet, but we are conscious of the issue.

I am not aware of any other specific issues. I believe that issues that have arisen in the past, such as the availability of ramps to allow wheelchairs to board trains—which is clearly required—are covered by the SQUIRE process. Such issues are part of the performance monitoring package that the SQUIRE regime seeks to cover.

Cathy Peattie:

Do you agree that if such measures are to be implemented, people who have disabilities need to be involved in the process, so that they can express the problems that they have experienced as regards getting on and off trains and using switches in toilets? Surely that is good practice.

Stewart Stevenson:

We are about to advertise for three people—who must be disabled—to join the Public Transport Users Committee for Scotland. That is part of our process of mainstreaming the voice of disabled people on public transport. I am sure that we will get good advice from those people, and I look forward to receiving it. I will meet the new convener of the PTUC tomorrow, and I believe that the committee will meet on Thursday.

It would be helpful for us to be kept up to date as that work gets under way and to receive any reports that result from it.

Sure.

Alex Johnstone (North East Scotland) (Con):

The minister will be aware from my question to him after his statement to Parliament that I was disappointed that more of the £70 million investment would not be targeted at supporting routes to Aberdeen.

Has consideration ever been given to diverting any part of that fund to support the Aberdeen crossrail project?

We have not been asked to support Aberdeen crossrail, as yet.

Is it therefore reasonable to assume that the opportunity might exist to consider that proposal in any consultation that takes place?

Stewart Stevenson:

I point out that we are looking to improve services to Inverurie and back, which is part of what the crossrail project seeks to deliver. Of course, we will continue to consider what we can do.

That is not the only thing that is happening in railways. The high-level output specification that the Government submitted last year is the subject of continuing discussions between the Office of Rail Regulation and Network Rail. Like others, I would like the ORR to take an extremely robust line on Network Rail costs, so that the maximum possible proportion of our high-level output specification tier 3 projects is delivered. The £70 million is not, in any sense, the limit of our investment in Scotland's railways. We await with interest developments on Aberdeen crossrail.

Alison McInnes:

I really must respond to your saying that you have not been asked to support Aberdeen crossrail yet. The north east of Scotland transport partnership and Aberdeenshire Council have asked for support for that project on a number of occasions, and it has been bounced back and forth by Transport Scotland. Life has been made extremely difficult for that project, which has proved itself over and over again. Nestrans, Aberdeenshire Council, local MSPs and a thousand-signature petition—I do not know what more the north-east has to do to get Aberdeen crossrail.

Stewart Stevenson:

Perhaps I could clarify. I was responding in the context that we have not been asked for funding. We have paid for Scottish transport appraisal guidance appraisals, which at the moment are showing a negative return for investment, and we have asked for further work to be done to deliver a project that will bring a positive return.

Does the extended franchise impose any financial obligations on other organisations?

We do not believe so.

I understand that it places financial obligations on Strathclyde partnership for transport. If that is the case, would it not have been wise for you to consult SPT?

We do not believe so, because SPT is no longer responsible for rail services. However, I ask Dr Malcolm Reed to respond.

Malcolm Reed:

Some residual obligations are carried forward. The sums of money involved are not huge and we have already had officer discussions with SPT about taking them on. We are talking about much less than £1 million of obligations.

We might well be, but since SPT is funded by its constituent local authorities, would it not have been appropriate to consult SPT about expecting it to spend an additional £1 million?

This has nothing to do with the franchise extension.

I am not sure that SPT thinks so, since it will have a financial obligation under the extended franchise that it would not have had beyond 2009.

Dr Malcolm Reed has made it clear that it does not have such an obligation now—end of story.

The Convener:

Perhaps we can continue to explore that issue as we move on.

Before we move on to the Glasgow airport rail link, minister, I thank you for your answers on the ScotRail franchise extension. I reinforce the point that we have identified several areas on which we are seeking detailed answers in writing from you, which we hope will be forthcoming. If, in future, you are aware that you will be sending detailed information to the committee a day or two after you meet us, it would be useful to let us know about it in advance, so that we can build it into our work plan and ensure that we question you at the appropriate time.

We now move on to the Glasgow airport rail link.

Why was it necessary to transfer responsibility for GARL from SPT to Transport Scotland?

Stewart Stevenson:

SPT no longer takes responsibility for rail. You will be aware that before the Transport and Works (Scotland) Act 2007, which had cross-party support, was passed, it was necessary to have external sponsors, and SPT ably provided external sponsorship for the GARL project. Transferring the project at this stage, before the letting of contracts, simplifies the process. It also builds on Transport Scotland's expertise. I would not use the word "necessary"—this was the appropriate point at which to make the transfer.

How much will it cost to transfer responsibility for GARL from SPT to Transport Scotland?

Stewart Stevenson:

The cost of the project will be determined when we let the contracts for the civil engineering work. In the light of other experience in the past year, I expect that Transport Scotland will leverage its expertise from other rail projects. Its arrangement in relation to the Airdrie to Bathgate railway substantially undercut the initial figures that Network Rail brought forward. Such expertise is increasingly evident in Transport Scotland.

We are likely to get the best possible deal by having Transport Scotland sitting at the table and negotiating—with the continuing support of SPT, of course, which continues to have an interest in the project.

Do you think that the cost will be less than expected?

Stewart Stevenson:

We might all have different expectations, but at this stage I think that we are making the necessary progress. Mr Gordon focused on 2014, and the project is another important part of the infrastructure for that. In structuring the project, we joined the link from Paisley to the airport and the upgrade of the signalling into Glasgow Central. The potential saving could be as much as £30 million. We are looking for every opportunity to ensure that we deliver value for money.

I am interested in the savings and management benefits that you will realise from the transfer. You suggested that it is difficult to quantify the financial savings. What management benefits will there be?

Stewart Stevenson:

You are right to focus on management benefits rather than savings. The transfer is not being done to make financial savings. That is not the primary driver, although there is potential for savings. The purpose of the transfer is to engage in the project people who have recent experience of progressing similar projects. We are not and will not be the project managers. We will let that role to others. The application of their expertise will deliver a degree of certainty because we will have people who know what difficulties are experienced as projects move forward. There are always difficulties; that is why we need a good, experienced team.

You are right to focus on the management benefits of bringing the project into Transport Scotland, because those are the real benefits that will derive, particularly at the current stage. Thanks to SPT's work, we have the legal framework to enable the project to move forward. We are moving towards letting the contracts and supervising the contractor.

What safeguards are there to ensure that the local knowledge and expertise within SPT is harnessed, especially when an external contractor is delivering the project?

Stewart Stevenson:

By and large, the people at SPT who have been working on the project are transferring to Transport Scotland, so the link with the existing expertise in the project will not be broken. Many of those people are contractors or consultants who have been brought in. The contracts with them will be novated to Transport Scotland, and we expect those individuals also to transfer. We are looking to maintain continuity in the personnel who are involved.

Can we expect to see a trend? Do you envisage that regional transport partnerships or local authorities will have a role in promoting and developing future major transport projects?

Stewart Stevenson:

Most certainly. You should remember that the Transport (Scotland) Act 2005 took rail out of SPT and that the Transport and Works (Scotland) Act 2007 simplifies the way in which railway projects are promoted, so railway and tram projects will work differently in future. However, partnerships will continue to play an important role in setting the strategic framework within which things happen. They will also promote and progress roads, walking and cycling.

Charlie Gordon:

Recently, in its "BAA Market Investigation: Emerging Thinking" document on airport ownership, the Competition Commission seemed to be looking hard at whether ownership of Glasgow airport should remain unchanged. Have your officials made contingency arrangements, including those of a financial nature, to address the situation of, perforce, a change of ownership and the new owner taking a different view of the GARL project?

Stewart Stevenson:

In general terms, one of the issues for our airports has been underinvestment. When Ferrovial bought BAA, it took on a mountain of debt. It had looked at securitising the value of Glasgow airport by selling what were essentially bonds, while retaining ownership. Considerable uncertainty could have arisen under certain circumstances in that regard.

Recently, I had an informal conversation with Gordon Dewar, the managing director of Glasgow airport. I am as confident as I can be that we have a robust way forward. Of course, Glasgow Airport Ltd will have to deliver its share of the contract: building the station is its responsibility, not ours. I am confident that that work is going forward, although we will keep a close eye on it. Should any change of ownership emerge, we would engage with the new owners as soon as realistically possible. I stress that, at this stage, we—like you—are simply dealing with some uncertainty. We will need to continue to be engaged in and manage the project, whether ownership remains with BAA or another company.

From that, can we take it that you will strive to have contractual arrangements that are assignable to new owners?

Stewart Stevenson:

A standard part of a contract is the inclusion of a novation clause to allow the rights and obligations under the contract to be reassigned to another party. The ability to novate is standard business practice. I would expect any such contract to contain such a clause.

Of course, we need to bear in mind that any change might be good news.

Absolutely.

The Convener:

I thank the minister, Mr Reed and Mr Binnie for their time. Obviously, the committee will maintain an interest in GARL and the ScotRail franchise. We will await the detail of the franchise extension that the minister will send us, and—in the longer term—the outcome of the Audit Scotland process. The committee will discuss any action that it wishes to take when we consider our work programme at a future meeting.