The select committee on economic affairs is currently running an inquiry into private finance projects and off-balance sheet debt.
Last month, the BMA submitted a response on PFI projects in healthcare and the following is a summary of its views.
Under PFI, the public sector enters into a long term contractual arrangement with private sector companies to finance, design, build and operate an asset like a hospital. At the end of the contractual period the buildings then pass to the public sector. The NHS does not make an upfront capital payment but is contractually obligated to pay an annual leasing and maintenance payment to the private sector for the use of the facilities.
The BMA opposes the use of PFI. The main objections include high costs, lack of flexibility and the transfer of public funds into private sector profits. It has significant concerns about their long-term affordability, and their impact on local health economies and service delivery.
Long-term affordability
The BMA believes that PFI is “ill-conceived and will prove to be a millstone around the NHS for the next generation”.
There are significant concerns as to the affordability of PFI projects in the long term as PFI contracts legally bind trusts into making significant payments over 25 to 30 years in an increasingly difficult financial period. This will threaten local health economies, and result in reduced services for patients.
One challenge concerns the income trusts receive from Payment by Results. Normally 5.8% is provided out of PBR for capital costs, but the capital costs of trusts with PFI schemes average 8.3% with some rising to 10.2%, thus creating significant shortfalls.
In addition, while capital charges are paid back to the Treasury and can be reinvested into the economy, the availability charge is paid to the private consortium and lost to the system. This was conservatively estimated in 2004 to be costing the government £125 million a year in lost revenue and will rise with more schemes.
Lack of flexibility
The inflexibility of PFI also limits the ability of NHS trusts to strategically plan for the future as they are contractually bound to pay for a building and a pattern of service provision which could later prove inappropriate and unfit for purpose. It is interesting that this is occurring at the same time that the Government is encouraging service redesign and is attempting to move more health care services from secondary care into the community and primary care sector. The relationship between these changes and hospitals that have been built or are planned under PFI is unclear.
PFI commitments will also continue in an increasingly difficult financial climate. The NHS has its funding guaranteed until 2011, but after that the budget is expected to stagnate or be cut in real terms as public spending is tightened. However at the same time (during the next spending review period from 2011 to 2014) repayments for NHS PFI projects will reach £4.18 billion, an increase of almost £1 billion from current levels.
On a regional level, the inflexibility of PFI contracts means that strategic health authorities are more likely to make economies at hospitals without PFI commitments.
Risk transfer to the private sector
Since governments are unlikely to default on their repayments and become bankrupt they are able to borrow money at more attractive rates than private companies. Consequently, as PFI deals involve the private sector borrowing at higher rates the cost of financing a new hospital is greater.
PFI supporters argue that projects are value for money because risk and associated costs are transferred to the private sector. But, the BMA is not convinced that there is significant risk transfer.
Arguments as to the importance of risk transfer are further undercut by research which found that hospital trusts were paying a ’risk premium’ of 30% of the total construction costs to ensure projects are running to time and budget. So while it is true that the private sector absorbs the cost of overruns etc, additional charges are written into the contracts to account for this.
Furthermore, if a project runs into serious trouble, the government will take action to secure its viability because the political consequences of letting PFI contracts go to the wall would be too great.
Contracts are difficult to manage
Over the course of 30 years, changes will continually need to be made to services and assets. However, contracts have been difficult to manage and change post procurement, with operational changes costing the taxpayer around £180 million in 2006 alone.
The National Audit Office found that processing and making changes is “often costly and can take longer than expected”. There are also large variations in the cost of making similar minor changes across PFI projects, and the inability to use a different supplier can present challenges to making large changes.
Level of public sector investment
Since Labour was elected 1997, PFI has been the favoured procurement mechanism for investment in the buildings and infrastructure of the NHS. It argues that PFI has allowed a level of investment in public sector infrastructure that would not have been possible otherwise.
In reality, there has been no choice between public or private investment for hospitals in need of capital works - PFI has been the only funding available.
While PFI alters the timing of payments to creditors by having private companies meet the upfront capital cost of the infrastructure it does not reduce or eliminate payments. The government still has to make repayments over the life of the PFI contract.
PFI lending has dried up with the financial crisis. The Treasury has recently set up a special unit to lend PFI projects money. It has been reported that this miniature infrastructure bank within the Treasury will provide up to £2 billion in public finance. As a result, public finances are bailing out PFI projects.
Way forward
The BMA is committed to supporting an NHS that is publicly funded through central taxes, publicly provided and publicly accountable. It should seek value for money but put the care of patients before financial targets and significantly reduce commercial involvement.
The smart use of public procurement of public services would be one step in ensuring that public money was being used to provide quality healthcare to the benefit of patients and the public, and not profits for shareholders.
Read the full submission.