You obviously have no idea how revenue works these days. Dedicated fares have rendered ORCATS almost redundant on main line flows. ORCATS Raiding is so last century.
My terminology might be a little outdated, but to suggest there will be no revenue abstraction from public service operators is obviously incorrect.
Contract laws exist for a reason - so nobody can come in and easily disrupt agreements, governments included.
Primary legislation outweighs contract law, this idea that somehow a contract between two companies is some form of unbreakable bond that renders all government entities powerless to act is obviously wrong. If that were true, companies would use contract law to render themselves immune from new legislation, which does not happen.
A good example of this recently would be the COVID-19 restrictions, which were mostly made using the provisions of the Civil Contingencies Act.
If the DfT couldn’t put extension provisions in their TOC ROSCO contracts, that’s entirely their fault and they should suffer the consequences of their stupidity.
It is not the DFT that will be doing the suffering, though, it is the passengers and staff on the MML.
Fully agree with Clarence Yard. Left-wing arguments do not outweigh contract law.
Left wing arguments do not outweigh contract law by themselves, but primary legislation does, as do acts like the Civil Contingencies Act. Either of which are mechanisims could be utilised (supposedly) left-wing government.
A contract has been signed between parties freely and in all good faith. The public sector cannot simply disapply legal processes thinking it has supremacy over others.
The government would not be disapplying legal processes, it does hold the legal trump card in the arguments, should it wish to play it.
I am an MML user myself and have very outspoken views on the raw deal we get, but I simply refuse to blame private enterprise (but of course those who see it as the absolute evil in the world will do, even when the public sector messed up in this case).
There were faults in the 222 contract, for sure, but we must remember that Hitachi also bears some of the blame.
To be clear, I am not suggesting that the government will use these tools, nor that they are likely, but that the government does have the authority to intervene if it wishes.