Select Committee on Public Accounts Fifty-Third Report


1  Holding the rail industry to account for the performance of passenger services

1. The performance of the rail industry has improved since the Hatfield derailment of October 2000, which resulted in widespread speed restrictions and engineering works that severely reduced performance for several years.[2] In addition, the number of passenger services has increased from 18,000 trains running each day in 2000, to 22,000 in 2007. This expansion means that, when problems do occur, they can cause greater disruption to passengers, making it more important to avoid incidents that can be prevented and to resolve others quickly.[3] And, despite the improvements that have been made, delays in 2006-07 still cost passengers around £1 billion in terms of time lost.[4]

2.  The Train Operating Companies and Network Rail are taking action to reduce the number of incidents for which they are responsible. Train faults cause the most delays; over 20% of all delays that occurred in 2006-07, despite Train Operating Companies having invested in new trains. Under the rail industry's performance arrangements Network Rail is held responsible for delays caused by infrastructure, as well as those caused by external factors such as bad weather. In 2006-07, these faults caused 62% of delay minutes.[5] Since 2002, Network Rail has gradually reduced delays for which it is responsible (Figures 1 and 2) and it is investing nearly £9 billion on renewing the West Coast Main Line. Nevertheless, services on that route are still regularly delayed by faults in cables, overhead lines and signals.[6] This reflects the age and reliability of the infrastructure, with some parts up to 60 years old. In addition, this line is the most intensely used stretch of railway, with some sections of track needing replacement every five years.[7]

3.  During 2006-07, Network Rail received £3.4 billion in grants from the Department for Transport (the Department), and £2.2 billion in track access charges from Train Operating Companies.[8] In June 2008, the Office of Rail Regulation announced that, for the period 1 April 2009 to 31 March 2014, Network Rail will receive £16.4 billion in direct grants from the Department, £6.6 billion from train operators, and £3.6 billion in other income.[9]
Figure 1: Delay minutes attributed to Network Rail

Note: This chart includes delay minutes caused by Railtrack/Network Rail that were incurred by both passenger and freight
services.

Sources: Office of Rail Regulation Annual Assessment of Network Rail 2006-2007. Network Rail Annual Report 2007-2008, C&AG's Report, Figure 3
Figure 2: Public Performance Measure showing the percentage of trains arriving "on time"

Note: A train is defined as "on time" if it arrives within five minutes of the planned destination arrival time for London South East and Regional operators, and within ten minutes for Long Distance operators.

Sources: Office of Rail Regulation Annual Assessment of Network Rail 2006-2007: Network Rail Annual Report 2007-8, G&AG's Report, Figure 3

4.  The structure of the rail industry is complex and accountability lines are confusing. The Department sets the high level rail requirements which the rail industry must deliver. It also enters into and monitors franchise agreements with Train Operating Companies in England. The Office of Rail Regulation is the economic regulator for the industry. It monitors the performance of Network Rail and can take enforcement action if necessary. Network Rail is responsible for the overall performance of the rail network and for the operation of the network in the interests of passengers. Train Operating Companies run the passenger services set out in their franchise agreements with the Department.[10]

5.  Ultimately, the Secretary of State for Transport is accountable to Parliament for the performance of the railways and Network Rail is responsible for delivering the requirements specified by the Secretary of State.[11] Network Rail is a private sector company and is not accountable to Parliament, despite receiving over half of its income in Government grants. Its Chief Executive is not an Accounting Officer, and so the Committee of Public Accounts cannot hold him, or Network Rail, to account.[12] There are also gaps in the accountability of the three major companies that own the passenger train rolling stock and lease it to the Train Operating Companies. These companies are not regulated and do not take any responsibility for the condition of the trains, even when they cause delays. The Competition Commission is considering a complaint from the Department about the position of the rolling stock companies.[13]

6.  The Department sets targets for the Train Operating Companies while the Office of Rail Regulation sets them for Network Rail.[14] There is a risk in any target regime that, in order to meet their targets, organisations will take action which is not necessarily in the interests of their customers. The Association of Train Operating Companies and Network Rail argue that this is not the case in the rail industry. For example, on one occasion in 2006-07, Network Rail kept services running in extreme weather when operators in Holland, Germany and France cancelled most of their services. Network Rail believed its decision was in the best interests of passengers, but running trains in difficult weather on that occasion caused 250,000 delay minutes, which affected its performance for the whole year.[15]

7.  The Office of Rail Regulation sets targets for Network Rail too far in advance and does not revise them frequently enough to be realistic and challenging. For example, the target for 2006-07 was set in 2004 and was lower than Network Rail's own internal target.[16] The Office of Rail Regulation has set Network Rail a new performance target that by 2013-14, 92.6% of passenger services must arrive on time.[17] It is not due to set any fresh targets, however, until 2014-15, so again it cannot react to changing circumstances.[18]


2   Q 95; C&AG's Report, para 1.12 Back

3   Qq 8, 48  Back

4   C&AG's Report, para 1.1 Back

5   Q 19; C&AG's Report, paras 1.12-1.14, Figure 21 Back

6   Q 9; C&AG's Report, Figure 24; C&AG's Report, The Modernisation of the West Coast Main Line, HC (2006-07) 22, para 2.16  Back

7   Qq 31-32 Back

8   C&AG's Report, Reducing passenger rail delays by better management of incidents, HC (2007-08) 308, Figure 1 Back

9   Office of Rail Regulation, Periodic Review 2008: Draft determinations, June 2008 Back

10   C&AG's Report, paras 1.4-1.8 Back

11   C&AG's Report, para 1.8 Back

12   Qq 1-4 Back

13   Qq 85-93 Back

14   C&AG's Report, paras 1.4, 1.5 Back

15   Qq 9-10, 39 Back

16   Qq 12-15 Back

17   Qq 14-15, 95 Back

18   Qq 12-15 Back


 
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Prepared 18 November 2008