Question to the Department for Transport:

To ask His Majesty's Government, in relation to contracts to supply railway rolling stock as part of the Intercity Express Programme, whether Hitachi is required to provide sufficient serviceable trains to meet the timetable commitments of train operators; and if so, whether Hitachi is required to pay compensation to train operators when it fails to do so, whether this applies for every affected journey, and whether this includes liquidated damages to compensate for loss to the train operator's business, including loss incurred by refunding passengers for poor service.

The Intercity Express Programme contracts requires the daily provision of train sets sufficient to operate the planned timetable.

As there has been full transfer of delivery risk passed to the train supplier, when a train is not provided there is no charge.

The effect of this is that Hitachi will suffer the financial impact of these circumstances arising from the loss of income.