Irish Independent

We don’t need to reinvent wheel to shield taxpayers from overruns

- Cathal Guiomard

HOW are we to protect taxpayers from cost escalation on public investment­s that draw from a finite pool of taxpayer funds and squeeze out other plans?

There may be lessons from the approach of regulatory offices charged with stopping monopolies overchargi­ng for services or facilities. This involves close scrutiny of costs, including investment­s.

When the plan for Dublin Airport’s T2 was developed, the regulator’s office was concerned about possible cost overruns; it was central to the office’s responsibi­lities that passengers not be left paying the bills for poor cost control.

Prompted by experience of internatio­nal regulatory practice (there are no wheels needing to be invented in the cost-control business), and conscious that the new terminal would cost in the order of €1bn (once roads, utilities, aprons, etc, were included), we developed the following approach.

First, we required the airport to publish its investment plans, setting out the need for the projects, their functional­ities, timetables, and costs. We sent all projects costing more than €5m to a quantity surveying consulting firm to assess whether the budgets seemed too low, too high, or about right. We published that report on our website and asked for comment, including from airlines using Dublin. Projects that airlines were prepared to pay for at the costs proposed by the airport were added to the investment base. Projects supported by one side but not the other required a regulatory judgment. A final investment budget was set by the regulatory office, and airport charges for the next period derived accordingl­y. All this informatio­n is still available today online.

Secondly, we set out rules on how various situations would be treated – non-delivery of a project, delivery of unplanned projects, projects delivered under budget, cost overruns due to new user requiremen­ts, cost overruns credibly due to factors outside the company’s control, and cost overruns due to poor project management. For each case, a specific regulatory treatment was set out.

The intention was to give the airport flexibilit­y to vary investment­s as circumstan­ces changed, or user requiremen­ts were explicitly amended, but to let unjustifie­d cost overruns fall on the airport shareholde­rs. These rules were distilled into a single summary. Parties knew where they would stand in advance.

After T2 had been built, the final cost was €932m against a budget of €778m. The airport sought full compensati­on. The regulator’s office allowed half of these costs to be recouped from airport charges. The other half was deemed the responsibi­lity of the airport, meaning that the airport will never recover the full costs of T2.

This is just an outline of the process – but there is enough to allow some principles to be derived. Cost control starts with incentives, the realisatio­n that developers have an incentive to overcharge and a mechanism is needed to stop them.

In health, a public body is required that acts in the position of the regulator and reaches contracts with developers who deliver hospitals against budget, with explicit, public rules about how cost out-turns will be treated. There will be pushback – but the public will be protected.

There is not a perfect fit between cost control in regulation and in health. But a ‘regulator’ must set accountabi­lity rules in advance for cost overruns. These give managers a strong financial incentive to deliver a project on time and budget, and clarify that overruns will fall substan-

tially on shareholde­rs. There can only be a single ‘regulator’ (or body with cost-control responsibi­lities) and a single builder counterpar­t.

In fact, once the Government commission­s a project – putting its requiremen­ts in writing into the public domain – its direct role should be over. The role of the ‘regulator’ is then to run a tender to identify a builder that can deliver the project (as prescribed) at the lowest final cost.

It has been reported that the children’s hospital project applied for and was granted an exemption from the standard public procuremen­t rules. A regime that chases minnows and spares monsters is the worst outcome of all – high costs, few benefits.

Site choice and other decisive influences on cost have to be part of the responsibi­lity of the ‘regulator’. In that regard, government­s can achieve more by intervenin­g less, in particular by denying themselves the ‘meddling’ powers that will cause them to be pestered by such as multi-millionair­e medical consultant­s fighting turf wars. Government­s have limited their own role in other areas with few regrets.

IF IT is not possible to sign a completely fixed-cost contract, then having the builder’s costs evaluated by a consultant quantity surveyor is even more crucial than at the airport. Clauses that allow for cost escalation need to be policed by consultant engineers on site, from whom written agreement is needed when the developer proposes material cost adjustment­s above and beyond those contracted for. Costplus clauses should be related to official published building-cost inflation statistics.

To end the present nirvana for builders and nightmare for taxpayers, new principles are needed to include role clarity, ‘regulatory’ independen­ce, and full transparen­cy.

Cathal Guiomard, an assistant professor of Aviation Management in DCU, previously worked in the Irish aviation regulator’s office. He is now director of the DCU BSc in Aviation Management. Opinions expressed here are personal. The regulatory reports referred to may be found on www.aviationre­g.ie

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 ?? PHOTO: DAVID RIBEIRO ?? Blueprint: Terminal 2 building at Dublin Airport.
PHOTO: DAVID RIBEIRO Blueprint: Terminal 2 building at Dublin Airport.

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