LOWERING ScotRail’s passenger satisfaction targets two years in a row allowed Abellio to avoid the possibility of being stripped of its contract to run the franchise, Scottish Labour has suggested.
However, a spokeswoman for Scottish Government agency Transport Scotland warned ending the contract would prove costly for taxpayers.
Under the terms of the franchise agreement, a breach of the target in two consecutive years would be marked as a “continuing and material event of default”.
In such a situation, the Scottish Government would have the option to terminate the agreement, although the issuing of a remedial plan notice would be the more likely first step.
A section of the franchise agreement reads: “If overall satisfaction does not meet the overall passenger satisfaction target in any two consecutive franchisee years, such shall constitute a continuing and material event of default ... the authority shall be entitled to terminate this agreement by serving a termination notice on the franchisee."
ScotRail was issued with remedial notices on December 24 and February 8. A response on how outstanding issues will be resolved must be submitted within 12 weeks of a notice being issued.
The train operator has faced criticism over cancellations and delays to its services, with the most recent satisfaction figure standing at 79%. The target figure is usually 88.5% but this was lowered in 2016-17 to 84% and in 2017-18 to 85%.
The Scottish Parliament’s Information Centre (SPICe) said the decisions on lowering targets for ScotRail were taken following a full analysis of factors which might impact upon performance outwith the control of the operator.
These included an extensive programme of electrification and the Queen Street tunnel works during 2016-2017.
Scottish Labour’s transport spokesman Colin Smyth said the Scottish Government was allowing ScotRail to get “off the hook”.
The Transport Scotland spokeswoman said ending the contract and running a competitive tender exercise for any new operator “would come at significant cost to the public purse and bring upheaval to staff up and down the country”.
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