
It's the words that make the lawyers groan, and the private sector rub their hands.
Voluntary code. It's that grey middle ground when a government knows that it should make a definite law about something, but doesn't, because it is afraid of the consequences. So it puts down what someone should do, thus taking the side of the angels, but makes sure that the government does not have to act if big business walks all over the code with tackety boots. It's a wimp's charter.
So it happened with the re-financing of PFI deals. Just to explain exactly what re-financing is, it works like this;
In a PFI contract, you have a consortia, or a number of players. The banks are the lenders. The contractors building the project are the borrowers. And the public bodies are the payers in the form of a rent paid to the contractor who owns the building. Are you still with me?
The public body doesn't have a direct relationship with the lender. They pay the rent that the borrower charges, and the borrower uses this money to pay the loan that the bank gave them. At the start of a project, the risk is higher, so the bank charges a higher rate of interest on the loan. When the project is completed, there is a lower risk, so the borrower can negotiate for a lower rate of interest. This is known as re-financing of the loan. Now when the borrower does this, they have a choice. They can go on charging the payer the original rent, or they can pass on part of the saving to the payer. Guess what route the borrowers took? Yep, they kept all that lovely money to themselves. And why did this happen? The Treasury had 'negotiated a voluntary code' that they should pass on 30% of refinancing profits to the payer, but they didn't. It was voluntary. It was assumed they would do the honorable thing, but hey, they never claimed that they were gentlemen. And rack up some more profits by charging outrageous costs on maintenance contracts, like £400 for changing a light switch and you've got yourself a nice cash cow, backed up by a sound investor that ain't ever going to go bust, because the government can't allow NHS trusts and local councils to go bust.And there was very little the Treasury could do about it, because there was no law against it, you couldn't change a commercial contract and they had little or no leverage with the banks; the banks had control of the Treasury. Until now, that is.
Over the past few months, the government has been nationalising our high street banks, by becoming the majority share holder. This is particularly significant in Scotland, where Westminster has taken a 70% majority stake in the Royal Bank of Scotland. RBS is one of the biggest players in PFI in Britain and so the government has effectively taken control of all the contracts that RBS owns. Jamie Hepburn, an SNP MSP has realised this and wrote to the Treasury asking if they could not get the public a better deal on PFI. The Treasury neatly dodged the question by saying that it couldn't re-negotiate PFI contracts and it would be detrimental to the banks interests and ultimately to the public purse to do so.
Now this is just codswallop. Think about it for a minute. The government owns a 70% stake in RBS which makes it both lender, shareholder and payer. Any money the government makes as a shareholder, is going to be lost at the other end as NHS trusts and local authorities struggle with payments. But if it leans on the likes of Laing, Serco and Balfour Beattie to be more generous on its re-financing profits, then it will mean that NHS trusts and local authorities can share in the profits and the government will get more bang for its buck. It is all public money, but it means that more of it will stay in public hands, instead of being poured down a black hole of rack renting on the part of the private sector. The government won't get a better opportunity to sort PFI out. It should take it.
Jamie, you're right about this.Find yourself a friendly MP down in Westminster and keep pressing. It could save us and the government an awful lot of money.





