Thank you for your welcome. I am very glad to be here, and my apologies for being late. With that, I'll not apologize for the infrastructure between here and the airport. It's getting better all the time, I'm sure.
Good morning, Mr. Chairman, members of the committee. Thanks very much for inviting me to appear before you today. It is an absolute delight to speak on this important topic.
I'll not refer to numbers but rather to some first principles, and how we or I think about public-private partnerships.
First, by way of introduction and for those here who don't know me, I run the research and publications branch or division of the C.D. Howe Institute. We manage the research agenda. We are a public policy think-tank, a charity with an educational mandate. I'm here because of my interest in the topic, and I've written a number of articles and chapters in the field.
As we know, governments and their political leaders like public-private partnerships, P3s, for a number of reasons. First, P3s bring private sector capital, money, to the table, and even for governments, money can sometimes be in short supply.
Second, what comes attached to private sector money, assuming a well-written P3 contract, is an important element of risk sharing. Private partners to a P3 are expected to absorb a significant share of project completion and operational risk, the risk of failure, and because their own money is at stake, the private partner normally has, or should have, appropriate incentives to manage this risk well.
Third, P3s are more likely, as compared with traditional procurement, to be completed on time and on budget, and that tends to make political leaders pretty happy.
Those are some high-level reasons to be interested in P3s, but it's important to look at some of the specifics of the contracting process and the risk sharing embodied therein.
P3s are most commonly used for large infrastructure projects: highways, bridges, hospitals, schools, whatever. That's because these projects soak up capital, they tend to be long lived, and they embody risks of the sort that do not arise when governments procure a box of pencils or some new staplers or whatever. Large infrastructure projects involve financial risks, design risks, construction or building risks, and operational risks, among others. The idea underpinning a P3 is that the private partner undertakes some of these risks, in return for an appropriate financial reward.
It takes a good P3 contract to specify the division of risks and rewards. Contracts are necessarily imperfect and incomplete because they are human constructs. Contracts are entered into under conditions of risk and uncertainty, imperfect and asymmetric information, and potential moral hazard. That is what makes contracting, and getting it right as best we can, very important to the P3 process.
P3s have their limits, and we should be clear about those. I like to express this by using the old aerospace saying: faster, better, cheaper—choose any two.
Let's say a provincial or federal government wants to get an overpass built and puts out an ordinary tender that generally describes the overpass and awards the construction contract to the lowest bidder. The bridge will probably get built—probably—and built cheaply, but it might not be built on time and it might not be built terribly well. It might get done late, and bits of concrete might start falling down after a few years and hitting cars below. That's a bad outcome.
Suppose instead we write a contract that lays off some completion risk to the winning bidder. We have financial rewards for finishing early, financial penalties for finishing late. This is fairly standard procurement contracting in infrastructure, but now you're embodying within the contract some of the completion risk. The overpass will still get built, likely on time, and it will likely be built at relatively low cost, but you still don't know when or if chunks of concrete are going to fall off. It might be faster and cheaper, but not better.
Now consider a more complete contract that embodies more risk sharing. The private partner agrees to take on operational risks, say, that the overpass will maintain the capacity to move a certain number of vehicles per day for the next 20 years, and to transfer ownership of the overpass to the government, in good condition, after that time. In the last circumstance, the government is likely to produce an overpass that is delivered faster and works better than in the case of ordinary procurement. It is faster and better, but not necessarily cheaper, because the financing partner, the private partner, has taken on the completion risk, the operational risk, and the long-term financial risk. These are good risks for governments to lay off by way of contracting, but it takes money to manage those risks, and there's no guarantee that in that circumstance the project will be delivered cheaper, at least in the short or medium terms.
There's another risk too that government cannot easily lay off: the long-term financial risk the private partner takes on exposes it to the risk of bankruptcy. The project may fail and project proponents will lose their investment. Much of the cost of that failure will inevitably redound to government.
The key message is that P3s can do things faster, they can do things better, and they can do things cheaper than in the case of ordinary procurement, but they cannot likely achieve all those three goals. Governments can and should write good contracts that lay off risks in exchange for suitable rewards, but they cannot expect to lay off all risks. Governments should write good contracts and understand them, but they must also understand that contracts are necessarily imperfect because they are human endeavours and they cannot anticipate every circumstance. Generally, where governments can privatize, they should, because governments don't need to do everything. Where privatization is inappropriate, we should recognize that this is often the case. Governments can and should embrace P3s, but they should do so with open eyes and a firm grasp of the risks they retain.
Thanks for your time.