Pictured: Michelle Craven
Confirmation by Crossrail that it has deferred tendering for
rolling stock to save money and because of a Government review of
public procurement is a welcome move, but a wider overhaul of
policy is required if UK based manufacturing is to be safeguarded,
says a leading rail lawyer, Michelle Craven.
Crossrail, Europe's largest rail infrastructure project to link
Heathrow west of London to the east of the city through tunnels
under central London, pushed back the award of a contract for 60
new electric multiple-units to 2014 from late 2013. Rolling stock
will now be introduced onto the Great Eastern Main Line from May
2017, rather than December 2016.
Michelle, a director in the Commerce & Technology team at
East Midlands' law firm, Nelsons says: "One of the reasons for the
delay by Crossrail is to align delivery of the rolling stock with
the tunnel construction timetable, ensuring carriages are not
delivered before they are needed. It will bring about a significant
operational cost saving to the taxpayer, running into tens of
millions, and is something to be championed in the rail industry,
especially following the publication of Sir Roy McNulty's paper
earlier this year.
"It is also true to say that this delay will allow time for the
procurement process to be considered to ensure that it takes into
account any recommendations that flow from next week's Transport
Select Committee."
The review of public procurement by the Transport Select
Committee will examine whether the UK is making best use of the
application of EU procurement rules and whether the Government can
place more of an emphasis on UK interests. Michelle, in her
capacity as vice chair of the Derby & Derbyshire Rail Forum
(DDRF), is preparing a written submission to be considered by the
Committee.
"As the controversy around the selection of Siemens as preferred
bidder for the Thameslink rolling stock contract continues to be a
focal point of many debates, public meetings and protests,"
continues Michelle, "further investigations will no doubt follow
next week's Transport Select meeting before we see recommendations
on changes to current policy. Whether the Government's review will
go far enough to have a positive impact on the UK is, of course, to
be seen.
"It is now 876 days since an actual order has been placed for
any new UK trains. An inherent problem since privatisation has been
the long periods of no orders followed by a surge of orders all at
the same time. This has made forward planning for those involved in
the manufacture and supply of rolling stock almost impossible. Both
the Thameslink and Crossrail tenders have been the subject of
discussion and rounds of previous tendering since the late 1990's,
so is there a chance that the tender date for Crossrail will be
moved again?
"Whilst we must welcome the delay and any move to implement
changes to the current procurement process, until a wider review of
public procurement policy has been undertaken and changes made to
move away from the feast or famine regime endured by the rail
industry for so long, the future for UK based rolling stock
manufacture remains uncertain."
It is also worth noting, says Michelle, that despite the
controversy surrounding recent procurement decisions, neither
contracts for Thameslink or IEP have yet been signed. According to
her, just because a preferred bidder is announced, it does not mean
that the contract has been signed and work has commenced.
For more information about Nelsons, please visit their website
here: www.nelsonslaw.co.uk