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Public - Private Partnership (PPP) Presentation By: S. K. Gupta PHD Chamber 1

ppp - rites

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Public - Private Partnership (PPP)

Presentation By:S. K. Gupta

PHD Chamber 1

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Concept & Definitions

1. A contractual arrangement under which service or business venture is funded and operated through a partnership between government and one or more private sector entities.

2. A contractually established entity which benefits from the respective strengths of public and private partners to provide a public good and /or service

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Concept & Definitions

3. Attracting private investments to spheres of activity traditionally regarded as the responsibility of the public sector

4. Combines the respective strengths of public and private partners ; PPP projects are planned , financed and implemented jointly

5. PPP is one expression of a strong trend towards privatisation

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Concept & Definitions

6. PPP are contractual arrangements that allow governments to benefit from private sector expertise , management and finance, helping expand access to public services such as water and sanitation, transport, power, and education

7. Collaborative activities among interested groups , based on a mutual recognition of respective strengths and weak nesses, working towards common agreed objectives developed through effective and timely communication

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Concept & Definitions

8. PPP are structures for joint action in which complementary resources (know –how, skills, funding, equipment) can be tapped and different balanced while the parties involved retain full independence

9. PPP is an approach under which services are delivered by the private sector ( non profit/for profit organisation) while the responsibility for providing services rests with the government

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Concept & Definitions

10. “PPP is a mode of implementing government programs/schemes in partnership with the private sector” (Planning Commission 2007)

11. PPP … a collaborative arrangement between public, private, and/or civil society entities under which each party contributes to the planning, resources and activities …[for] accomplishing a mutual objective, while… sharing … associated risks and benefits. (Building PPPs for Agriculture Innovation in Latin America, IFPRI Discussion Paper 00699, May 2007)

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Concept & Definitions

12 “ .... PPP… subsumes all objectives of the service being provided earlier by the government, and is not intended to compromise on them…. shift … from delivering services directly, to service management and coordination” (Working Group Report, Watershed Development Programme; Planning Commission, 2007)

13. “PPP Project …. a contract or concession agreement, between the Government … and a private sector company…, for delivering an infrastructure service on payment of user charges”

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Concept & Definitions

14. PPP is a formal collaborative arrangements btw the public, private, and/or civil society organisations … each party contributing to the planning, resources, and activities for a mutually agreed developmental objective while sharing associated risks and benefits

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Concept & Definitions15. PPPs are a contractual arrangement whereby the

resources, risks and rewards of both the public agency and private sector are combined to provide greater efficiency, better access to capital, and improved compliance with a range of government regulations the environment and workplace. The public’s interest are fully assured through provisions in the contracts that provide for on-going monitoring and oversight of the operation of service or development of a facility. In this way every wins – the government entity, the private company and the general public.”National Council for Public Private Partnerships (NCPPP), USA

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Concept & Definitions

“In legal terms, there is no definition of a PPP, it is still a “ working concept”

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Elements of PPP

• Framework conditions• Win-Win situation for all stakeholders• Cost & Risk sharing arrangement• Clear role definitions• Partnering skills• Robust monitoring system

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Evolution of Concept

• In some form such partnerships always existed in social systems. One example is Olympic games dating from 776B.C and lasting more than 1100 yrs until a.D.-393 ( modern games started in 1896)

• Massachusetts Bay Company incorporated the private Water Works Company to supply drinking water to Boston 350 yrs ago

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Evolution of Concept

• In USA during 1960s under “the war and poverty” programme of federal government financial resources were allocated to community of city’s low income neighborhoods and community were responsible both for planning and implementation

• In wake of poor performance of the government delivery system and organisational effectiveness of Private Sector , in 1990s, concept got currency in many European countries

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Evolution of Concept

• PPP terminology first introduced as concept in U.K. by conservative government in 1992. Private Finance Initiative (PFI) was first systematic programme aimed at PPPs

• Between 1997-2000, in UK, 150 PFI projects costing GBP 12 billion

• Similar pattern emerged in other European countries

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Evolution of Concept

• In India, “ Community Support” of government programmes was sought for construction of irrigation canals during First Five Year Plan period and such participation increased during subsequent plans

• Presently schemes of social sector ( like health, sanitation, family welfare etc.) have component of such community participation

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Evolution of Concept

• Average city in USA, private entities deliver 23 of 65 basic municipal services – from wastewater handling to Urban development ( source : National Council for Public Private Partnership)

• Same pattern is noticeable in other developing countries also

• Donor agencies like UNDP,DFID World Bank and GtZ etc. gave cognizance and support to PPP model.

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Rationale“ …the truth is that outside of its legitimate

function, government does nothing as well or economically as the private sector of the economy.” Ronald Reagan

“What takes the government 50 yrs to achieve can be done by the private sector in tenth of time” Milton Friedman

“Best government is that which governs little” Abraham Lincon

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Rationale

• Inefficient Public Service Delivery• Insufficient Resources• Failure to Expand Services to meet the

rapidly growing demands• General distrust of government bureaucracy

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Potential Benefits

• Mobilisation of more resources• Cost effectiveness• Higher productivity• Accelerated delivery• Customer focus• Enhanced social service• Recovery of user charges

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Potential Benefits• Opportunities for additional resources• Mitigates and properly allocates risks• Attract the right skills and management• Reduces corruption and waste• Promotes innovation• Reduce burden on taxpayers• Improved service coverage• Enhanced quality in services

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Need for PPP

To maximize the use of each sector’s strength. To reduce development risk. To reduce public capital investment. To mobilize excess or underutilized assets. To improve efficiencies / quicker completions. To ensure better environmental compliance. To improve service to the community. To improve cost effectiveness. To ensure the effective sharing of resources. To share / allocate risks. To enhance mutual rewards. To ensure better quality.

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Essentials for the success of PPP

Prepare properly for Public-Private Partnership. Pick your partner carefully. Create a shared vision. Establish a clear and rational decision-making process. Be clear on the Risks and Rewards for all parties. Secure consistent and coordinated leadership. Settled statutory and political environment. Public sector’s organized structure. Detailed business plan (contract). Guaranteed Revenue Stream. Stakeholders Support. Communicate early and often. Build trust as a core value.

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PPP in Railways

Several models of Private - Public Partnership are now being used in various infrastructure projects in the Transport Sector including Railways. The spectrum of projects varies from leasing out of Government owned facilities to BOO (Build, Own, Operate) and BOT (Build, Operate and Transfer).

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While it is possible for other infrastructure projects in ports, highways & airports to be an independent system which could be operated and maintained independently of the existing system, the same is not possible for Railways.

Here any project has to be supplementary or an extension to an existing larger railway network. Due to this historical perspective, railway activities are not readily available to private sector which poses a new challenge of building capacity with private sector through PPP.

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Different forms of PPPs as well as different models of privatization have been tried out by different countries.

The two privatization models which have been implemented with a fair degree of success are the British Rail Model and the Japanese Rail Model.

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Both these countries have adopted different strategies to reach the same objectives: reducing dependence on Government funding while improving the quality of services and delivering value to the customer.

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British PPP Model• While the British Government decided to go in for a wheel – rail split model

where the rail is owned by ‘not for profit’ body called Network Rail and the passenger trains are operated by 20 franchisees who are responsible, interalia, for managing and maintaining certain railway stations.

• Freight operators, unlike passenger operators, are not franchised. They are fully independent companies which invest in their own assets, decide their own business strategy, and negotiate access to the track directly with Network Rail.

• The Government controls the working of the rail entities through the Department of Transport and passenger freight subsidies are paid directly to the operators.

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Japanese PPP Model• The JNR Reforms were based on regional divisions and

separation of train operation and infrastructure management.

• The Japan Railways Group, more commonly known as JR Group, consists of seven operating companies and two other companies that do not provide rail service. The operating companies are organized into six passenger operators and a nationwide freight operator.

• Unlike some other groups of companies, the JR Group is made up of independent companies, and it does not have group headquarters or a holding company to set the overall business policy. 28

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Lessons from International PPP Models

Some of the important lessons which can be learnt from the two success stories of Great Britain and Japan as well as the failure of the privatisation effort in Argentina are as follows:

a) The most important lesson is that PPPs do not work where they are not driven by ‘value for money for the consumer’ philosophy but are used as a resource augmenting strategy by the Public Sector.

b) Secondly, a holistic view has to be taken while privatizing the Railways and a piece meal approach is a recipe for disaster as has been the experience in Argentina.

c) Privatization of railways does not mean that the Government gives up its social objectives. It can continue to achieve its social objectives through the HLOS as in the case of Great Britain and also subsidize certain routes which are unremunerative.

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d) Privatization of railways does not mean unprecedented freight and fareincreases. On the contrary, with proper regulation, increased competition can drive down costs and lead to greater operational efficiencies as has been witnessed in Japan.

e) Political interference with the structure of the railway inevitably drives upcosts and reduces quality of the service provided. While developed countries may be able to afford this luxury, it is clearly beyond the capacity of the developing countries where these factors are best determined by market forces

f) Separation of train services and infrastructure management leads to greater focus on each of the activities and delivering better value and service to the customer.

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The Way Forward

• A comparison of the projects which are in the process of being implemented through PPP and the size of IR leads one to the conclusion that the projects in PPP format do not , as of now, form a significant financing option.

• On an optimistic note, it also shows that the scope of PPP in IR is immense. India needs investments in infrastructure to the tune of $456 billion at current prices (more than $80 billion in Railways) during the Eleventh five year plan (2007-2012) to keep pace with the economic growth its experiencing.

• It must be noted that in spite of such dire need of funds in IR and the limited nature of its surplus, the IR has followed a cautious approach in inviting private sector participation in IR.

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To develop a clear roadmap for implementation of PPP in IR

• It is abundantly clear that IR is being forced to look outwards for finance and technomanagerial skills. The list of projects is currently being selected without any sound official articulation or planning.

• The rationale for doing projects in PPP format appears to be resource constraint rather than this route being a more efficient and / or cost effective service delivery mechanism.

• The Railways need to have a clear roadmap – a blueprint for projects to be done in PPP format in 12th Five Year Plan; selected on the basis of their amenability to PPP and driven by value for money philosophy rather than a resource augmenting measure.

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Political Climate

• In order to avoid hitting any political roadblocks later, it is imperative that the Blueprint for PPP s in IR should have political legitimacy and acceptance cutting across party lines.

• Private sector participation be invited in areas which require immediate attention and that too where the private sector is capable of reducing costs and improving the quality of service.

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Creating a Regulatory framework / Restructuring of IR

• We need to move away from a situation where IR is promoting PPPs as well as playing the role of a regulator. Creating an enabling environment for PPPs is of paramount importance.

• Corporatization of IR is the best way to take the restructuring of the IR forward.

• The IR should also adopt Generally Accepted Accounting Principles (GAAP), the role of the IR Regulatory Authority should be strengthened and it should be allowed to decide the fares to be charged from the passengers with a provision for adequate compensation from the Union Budget for keeping fares cheaper to fulfill its objective of social welfare.

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Pre empting the threat of Private monopolies

Another reason, understandably, for the slow approach is the fear of emergence of private monopolies in the place of state monopoly in case right policies are not adopted. The characteristics of the railways are such that private monopolies will mushroom in place of state monopoly in case the right policy is not adopted. This again brings us to the need for an independent regulator on the lines of TRAI.

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Dedicated Freight Corridor

• The appears to be a need to take up DFC in right earnest through PPP. Estimated cost of the proposed DFC has touched Rs 37,000 crore and it seems impossible that such a mammoth amount can be met through budgetary support.

• The cost is going to increase further if the project is postponed. Revenue of IR is mainly coming from freight services which may be further enhanced by putting in place a dedicated and exclusive network.

• Private partner will also bring in state-of-art technology for this sector.

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ENCOURAGING PUBLIC PRIVATE PARTNERSHIPS (PPP)

• Private parties to run container trains• Modernisation of metro stations• Construction of agro outlets and logistics parks• Construction of ICDs and warehouses• Setting up of new rolling stock units• Wagon investment scheme• Port connectivity works• Outsourcing non-core activities like catering and parcel• Computerized train enquiry call centres

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Government support for PPP

• Recognising that strengthening the capacities of different levels of government to conceptualise, structure and manage PPPs will lead to more and better PPPs, Department of Economic Affairs is facilitating mainstreaming Public Private Partnerships through Technical Assistance from Asian Development Bank.

• The primary objective is effective institutionalization of the PPP cells to deliver their mandate through provision of 'in-house' consultancy services to each of the selected entities at the Center and State level.

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Technical Assistance

Institutionalization of PPP skills includes

• refining the PPP policy and regulatory framework,• meeting compliance/public safety norms,• improving MIS,• improving bidding documents and procedures,• determining risk sharing,• conducting value-added research/analysis, and• determining adequate monitoring arrangements

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Outcomes

The technical assistance aims to:

• Help the participating State implement PPP schemes effectively and efficiently;

• Enhance capacity of PPP cells in participating entities to prepare, evaluate, and appraise PPPs in infrastructure;

• Significantly improve monitoring of overall progress in PPPs in infrastructure at both central and state levels through well-knit databases;

• Increase awareness among potential private sector partners about the project cycle of PPP projects in infrastructure, and the expectations of Government with respect to value for money; and

• Over the long term, an increase in private sector participation in infrastructure development and management throughout the country

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THANK YOU

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