Scottish Daily Mail

ScotRail now at risk of breaking its contract

- By Michael Blackley Scottish Political Editor

SCOTRAIL is in danger of breaching its contract after a slump in performanc­e, it was claimed yesterday.

Only 88 per cent of Scotland’s trains arrived on time or within five minutes in the four-week period to September 15.

Labour claimed this was a breach of the terms of the ScotRail franchise as it was more than four percentage points lower than the Scottish Government performanc­e target of 92.18 per cent.

But it is understood ministers have agreed with ScotRail to alter the ‘breach’ level because of severe weather, poor infrastruc­ture performanc­e and the effect of delays in cross-Border services. Last week, an Office of Rail and Road report showed ScotRail had the highest number of cancellati­ons and significan­t delays in 20 years.

Opponents are demanding that the firm is stripped of the franchise if performanc­e falls so far that a ‘break clause’ can be triggered midway through its ten-year contract.

Scottish Labour transport spokesman Colin Smyth said: ‘This is a failing franchise, operating within a failed franchisin­g model. The Scottish Government has the power to end this franchise early – to bring it under public ownership by 2022.

‘Transport Secretary Michael Matheson must now use the franchise break and bring Scotland’s trains under public control so we have a railway system that puts passengers, not profits, first.’

The moving annual average performanc­e figure – which shows the ratio of trains on time or within five minutes of scheduled arrival time – was 88 per cent for the period from August 19 to September 15. If ScotRail’s performanc­e falls below a default level for three consecutiv­e months, operator Abellio could have its franchise terminated.

Manuel Cortes, of union the Transport Salaried Staffs’ Associatio­n, said: ‘Surely this has to be the last nail in the coffin for Abellio.’

A Transport Scotland spokesman said: ‘Claims that ScotRail is in breach of the franchise agreement are not correct.

‘Network Rail’s infrastruc­ture issues in Scotland and the timetable crisis experience­d by cross-Border operators in England have impacted on ScotRail’s performanc­e and are considered under the terms of the contract and its applicatio­n of performanc­e criteria.’

A ScotRail spokesman said: ‘We understand the frustratio­n of our customers when things go wrong, and are working hard to improve the service we provide.’

‘The last nail in Abellio’s coffin’

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