Lead

The creditor group seeking to rescue Thames Water has offered the government a ‘golden share’ in the company, according to reports, in a last-ditch attempt to dissuade the incoming prime minister, Andy Burnham, from placing Britain’s biggest water company into temporary public ownership. At the same time, the consortium is preparing for a potential multi-billion pound legal fight should the government proceed with nationalisation.

Coverage comparison

The Guardian has reported extensively on the unfolding situation at Thames Water, detailing both the creditors’ proposals and the government’s plans. Coverage indicates that the consortium, London & Valley Water (L&VW), which represents about 100 institutional investors holding roughly £17bn of Thames Water’s £21bn debt, is seeking a negotiated settlement that would give the government enhanced oversight without full public ownership. The outlet has also reported that L&VW has hired top litigation firm Pallas Partners to work alongside Akin Gump, signalling readiness for a legal challenge if a special administration regime (SAR) is imposed.

Key claims

  • London & Valley Water (L&VW) has offered the government a ‘golden share’ in Thames Water, which would grant ministers a veto over important decisions and hostile takeovers, as reported by The Guardian.
  • The consortium’s proposed £10bn rescue deal includes a commitment that investors will not take dividends for 10 years, or until Thames Water becomes a publicly listed company, and a pledge to expand the company’s social tariff to reduce bills for struggling households, according to The Guardian.
  • Andy Burnham is reportedly planning to place Thames Water into a special administration regime (SAR), a form of temporary public ownership, as reported by The Guardian.
  • The SAR proposal would transfer the costs of running the company to the taxpayer, with Thames Water’s creditors claiming the bill could reach £2bn, according to The Guardian.
  • Thames Water has been trying to stave off financial collapse for nearly three years and could run out of money in October, as reported by The Guardian.
  • L&VW has argued that an SAR would require multiple billions of pounds of taxpayer money, with no clear timeline for how long it would last, according to The Guardian.
  • Other potential bidders for Thames Water have called for the company to be taken into an SAR, as reported by The Guardian.
  • L&VW has hired top litigation and disputes firm Pallas Partners to work alongside Akin Gump, according to The Guardian.

Perspectives

Creditor group (London & Valley Water) The consortium has signalled willingness to work with the government, offering a ‘golden share’ and enhanced public controls. Mike McTighe, the corporate troubleshooter leading the governance overhaul, stated that the group wants to meet new ministers to discuss how they can work together in the best interests of customers. However, the group has also made clear it does not support full public ownership and is preparing for a legal battle if an SAR is imposed. The consortium argues that an SAR would cost taxpayers billions and create further uncertainty.

Government (Andy Burnham) According to The Guardian, Andy Burnham has called for ‘greater public control’ over Thames Water and has indicated that this could mean nationalisation. Reports suggest he is planning to transfer the company into a special administration regime after taking office. The government’s position is that an SAR would place the company under temporary public ownership, protecting customers and ensuring water supply, with the taxpayer covering the costs.

Regulator (Ofwat) The Guardian has reported that Ofwat is in discussions with L&VW regarding the rescue proposal. The environment secretary, Emma Reynolds, reportedly objected to an earlier version of the proposal in mid-June because it would place an ‘undue burden’ on consumers, pushing the company closer to an SAR.