Transport for London Bill [Lords]

Bob Blackman Excerpts

Tuesday 9th September 2014 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

I beg to move, That the Bill be now read a Second time.

This private Bill is promoted by Transport for London. It was deposited on 26 November 2010, and ordered to commence in the House of Lords. It was read the First time in the other place on 24 January 2011, and it was read a Second time on 13 December 2011, when it was debated. It was a further two years until the Unopposed Bill Committee took place on 28 January 2014. It was read the Third time in the other place and transferred to this Chamber on 4 March, when the First Reading took place. It is therefore fair to say that the Bill has had a long gestation period.

The Bill’s purpose is to provide Transport for London with a broader set of powers so that it can meet its business needs more flexibly and take advantage of more efficient arrangements for the stewardship of its financial affairs. Transport for London has identified various opportunities for maximising the value of its assets, but at the moment they cannot be fully realised unless it acquires new statutory powers or restrictions on the exercise of its current powers are removed. The Bill is also an opportunity to save money for taxpayers and fare payers. It has only four substantive clauses, but its principle is of importance to TfL, not least because the benefits deriving from the Bill will enable TfL to deliver much better value for money for the fare payer and the tax-paying public at large.

The first three clauses broadly concern bringing the Bill into operation. The first substantive clause is clause 4, which allows Transport for London subsidiaries to borrow and grant security over assets and revenue streams, enabling TfL to have cheaper finance for projects and greater flexibility in how it borrows. TfL currently has the power to borrow and it has a borrowing programme, but it may offer lenders only a non-specific charge over revenues, not over properties.

Borrowing on a secured basis will allow TfL subsidiaries to achieve lower interest rates than can be obtained through the Public Works Loan Board or through issuing bonds—the original aim under the legislation initiated by the previous Government—which are two of the significant debt financing options available to TfL. The clause will allow TfL to borrow money in circumstances where granting security is done predominantly or exclusively on a secured basis, and unsecured borrowing is either not possible or very costly. For example, property developments are usually financed by the lender taking a charge over the land being developed, which accordingly leads to a lower interest rate and means less risk to all parties.

Clause 4 allows TfL’s subsidiaries to borrow for a discrete purpose and to structure security so that a creditor has recourse only against the subsidiary borrowing and not against TfL and its other subsidiaries. That protects the fare-paying and tax-paying public from any liability that arises on TfL debts.

Clause 4 allows TfL to purchase subsidiary companies that already have secured debt. TfL will no longer be required to restructure secured debt when it purchases a company with such existing debt. TfL had to acquire Tube Lines Ltd and Tube Lines Finance plc at very expensive rates—I well remember the fiasco, as I was a member of the London assembly at the time. Had clause 4 then been in operation, TfL would have been spared significant costs, which ultimately have been borne by fare payers and taxpayers and resulted in lenders receiving enhanced value for their loans for nil consideration to TfL.

Clause 4 includes important safeguards and limitations. It provides that TfL subsidiaries must obtain the consent of the Secretary of State to grant security, except in respect of categories of property included in the schedule to the Bill, which Members can go through in detail if they are interested. The exempt property may generally be described as property that is ancillary to TfL’s core function of providing passenger transport services and includes such categories as property that is used for the purposes of car parking or retail units, for example. The consent of the Mayor of London is always required, irrespective of the type of property being changed.

Clause 4 provides that the rights of existing TfL creditors are preserved in full. A secured creditor may have priority over an existing creditor only where the existing creditor consents to the arrangement, so all parties are protected. TfL subsidiary borrowings will still be subject to the relevant provisions of the Local Government Act 2003. Borrowings must only be for any purpose relevant to a local authority’s functions or for the prudent management of its financial affairs. TfL subsidiaries will also be subject to existing borrowing limits set by the Secretary of State, so the public sector borrowing requirement is protected and security is granted.

Clause 5 expands TfL’s power to form different types of entities for the purpose of carrying out its functions. I understand that this is the most controversial clause for those who object to the Bill. I understand that the sponsors have had meetings with several of the individuals who are concerned and that undertakings have been given in that respect. Currently, TfL may only form bodies corporate, which includes companies and limited liability partnerships. TfL is seeking a new power to form, or join others in forming, limited partnerships and to invest in those partnerships once formed. TfL would like the option of using a limited partnership when seeking third-party investment, which seems a sensible process.

Pension funds and foreign entities are likely investors, so we are likely to see greater investment in joint arrangements with TfL, which will represent good value for the taxpayer. Those investors often prefer to invest in partnerships, rather than company structures, because of the tax transparency that partnerships afford. If TfL can offer a partnership as the joint venture vehicle, it is likely that there will be increased interest in the investment opportunity and that the maximum value of the asset will be realised. TfL proposes that it may form a limited partnership only for the purpose of carrying out its functions, which prevents speculative arrangements.

There is a limited tax benefit from using a limited partnership, but it is confined to stamp duty land tax, which is payable when land is transferred into a partnership. Stamp duty land tax is levied only on the proportionate share of the land being acquired by fellow partners, rather than the whole part. That benefit is conferred on any partner of a limited partnership irrespective of their status and is not unique to TfL. Indeed, many local authorities use limited partnerships for joint ventures and have been supported in doing so by the Treasury.

[Mr Christopher Chope (Christchurch) (Con)]

I am fascinated by what my hon. Friend is telling the House, but surely there is a bigger picture. Would it be better for TfL effectively to be owned by the people of London? They could have shares in TfL, so it would therefore be funded to a larger extent by equity capital without the need to borrow.

[Bob Blackman]

I thank my hon. Friend for his suggestion. That would be a very radical move away from TfL’s existing capability and the arrangements that are made. I am sure the Mayor of London will be listening to the debate and will consider that suggestion appropriately, but it is beyond the scope of Second Reading, which is limited regarding proposed borrowing changes.

Transport for London’s subsidiary share of the profits generated by a partnership will be liable to tax in the same way as if a company were used instead of a limited partnership, thereby maintaining appropriate tax transparency. Several individuals, and particularly the National Union of Rail, Maritime and Transport Workers, have been concerned about whether the Secretary of State should give permission for such entities to be entered into. I understand that a written undertaking has been given to the hon. Member for Hayes and Harlington (John McDonnell) and the RMT on the basis that an amendment will be introduced in Committee that would require the Secretary of State’s permission for such an organisation to be permitted, which I hope answers one of the principal objections.

[Angie Bray (Ealing Central and Acton) (Con)]

Is there an awareness of concerns that some of my local residents will have about proposals for the increased use of the Acton depot? As my hon. Friend will know, there is a substantial residential community in that area, which will not welcome the further increase in pollution that I suspect some of these activities will lead to.

[Bob Blackman]

My hon. Friend is a doughty campaigner for her local residents, and she has been at the forefront of the campaign against environmental air pollution and suchlike in her area. One objection to the Bill comes from the hon. Member for Hammersmith (Mr Slaughter), whom we will hear from later, in relation to the Earls Court development. I understand that part of that process is to transfer the depot from the Earls Court area to Acton. Clearly, as sponsors TfL will have to ensure that air and noise pollution is reduced considerably to answer the objections that my hon. Friend has related to the House.

Clause 6 seeks to expand the type of entities through which TfL’s commercial activities must be undertaken. TfL is currently required to undertake profit-making activities through a company limited by shares that is either a subsidiary or a joint venture. The clause amends that restriction to give TfL the option of using any type of entity that it has the power to form. In addition to a company limited by shares, TfL would be able to use a company limited by guarantee, a limited liability partnership, or a limited partnership. Importantly, clause 6 preserves the policy that TfL must undertake commercial activities through a taxable entity by requiring that a TfL subsidiary be member of a limited liability partnership, or a partner in a limited partnership. A company limited by guarantee is itself liable to taxation. Clause 6 will enable TfL to conduct its affairs more flexibly and at the same time preserve tax transparency and ensure that the relevant amount of tax is paid to the Exchequer. That will mean that it can use the structure that best suits the opportunity, and net the maximum value for money from its assets in so doing.

Clause 7 amends TfL’s hedging power, responding to changes in the way financial institutions hedge risk away from specific commodity trading to trading by indices—for example, the use of an oil price index as opposed to a barrel of Brent crude oil—which protects the hedging power considerably. It also gives TfL the capacity to enter into derivative investment when exposed to risk by virtue of a contractual arrangement for the provision by others of public transport services. For example, movements in fuel prices, which obviously affect TfL’s costs, would be protected.

Currently, TfL’s hedging power may be applied only to risks to which a TfL body is directly exposed. Clause 7 clarifies that it may use its hedging powers in respect of its liability to any pension fund, for example. It is not proposed that TfL enter into any derivative investments on behalf of the TfL pension fund, so members of that fund will be protected. It is not inconceivable, however, that the fund might decide that a particular risk is acceptable, given that all its liabilities are long term and that TfL effectively underpins the risks through an obligation to increase its contributions, if necessary, and that TfL might believe that the risk needs to be mitigated. Clause 7 provides for that specific scenario only.

In summary, the Bill will assist TfL in securing the most cost-effective borrowing possible. It will give TfL greater flexibility over how it structures its affairs, while preserving the requirement that its profit-making activities be taxed appropriately in the UK. It will improve TfL’s hedging power by reflecting developments in the derivatives market and permitting the hedging of risks that arise through contractual exposure and as a consequence of its obligations to pension funds. It will allow TfL to maximise income and investment in its assets and to deliver better value for money for fare payers and taxpayers, which we, as London MPs, crave every day. I commend the Bill to the House.

--- Later in debate ---

[Bob Blackman]

We have had a full and reasoned debate on the principles of the Bill. The hon. Members for Hayes and Harlington (John McDonnell) and for Hammersmith (Mr Slaughter) and my hon. Friend the Member for Christchurch (Mr Chope) have raised reasonable concerns that need to be considered in detail in Committee. On behalf of the promoters of the Bill, let me say that the key is allowing Transport for London the opportunity to borrow money at lower interest rates and to reduce the risk for Londoners as a whole, and that is something of which we should all approve.

The issue of ensuring that Secretary of State approval is given for any such venture is a concession to be taken in Committee. The hon. Member for Nottingham South (Lilian Greenwood) raised a series of legitimate issues that need to be considered. I thank the Minister for his support and contribution. The hon. Member for Hackney North and Stoke Newington (Ms Abbott) set out what was almost a mini-manifesto for a bid possibly for another position in the future.

I hope that the Bill is given a Second Reading. I trust that it will proceed now to Committee and then to law in due course.

Question put and agreed to.

Bill accordingly read a Second time and committed.