privatisation factfile Stephen Nathan presents the latest news and views on privatisation 55

FIVE REPLACE The plans were set out in the unit’s work ‘to ensure THREE April in the goverrnment’s that competitive public The government’s policy document Capacity sector bids are submitted’. proposed three 2,500 bed and Competition Policy He added: titan will be for Prisons and Probation replaced by five 1,500 and a statement in the “The creation of this unit prisons. It is likely that Commons by Jack Straw. signals a strong they will be privately Both documents are commitment by the public financed, designed, built available on the Ministry of sector to win and run. The first two will Justice website. competitions. It also be at Beam Park West, signals a different Borough of * In answer to a approach to bidding… the Barking and Dagenham parliamentary question unit will … develop a and Runwell, Chelmsford, about market testing , depth of expertise with Essex. The Omega site in David Hanson said : which to direct our Warrington has been strategy to ensure we dropped from the list of “It is expected that the have the best chance to possible sites. deadline for the win.” submission of bids for the In addition, the contracts market testing of prisons PGA’s VIEW for privately managed in Wellingborough and The Prison Governors’ Doncaster and Wolds and Birmingham will be Association (PGA) made the service level November 2009 with an unequivocal to Jack agreements (SLAs) for award notices for both Straw’s announcement prison service -run prisons expected to be was . In an issued Buckley Hall will be issued in February 2010. statement, 28 April 2009, market tested towards the Bids will be considered Paul Tidball, president of end of their existing from public, private and the PGA said: contracts. Also to be third sector providers.” market tested are the (Hansard, 5 May 2009) “As ever this is tilted in recently formed Hewell the private sector’s favour. cluster, which includes * A new public sector bids We have had 17 years of Blakenhurst, as well as the unit within the human operation of new build deemed to be poorly resources (HR) prisons going directly and performing HMPs directorate is being automatically to private Birmingham and created which will, companies. This is set to Wellingborough. according HR director continue for at least the Robin Wilkinson, ‘manage next three years. It means Two public prisons are the public sector response the taxpayer will never also being developed, HMP to a series of competitions know if HM Prison Service Isis on the site of every year for the next could have done the job Belmarsh prison in three years.’ The public better and cheaper. On London and Coltishall a relations puff that persistently failing prisons, former RAF base in accompanied this persistently failing private Norfolk. HMP Littlehey development described prisons have generally will be expanded. Wilkinson as ‘championing’ been rescued by prison priv atisationFACTFILE 1 service governors but chose not to. I think privatisation of prisons parachuted in to restore that’s a real shame, not including HMP Buckley them to good health. least because it took away Hall in Rochdale which is However dire they had the chance for the Prison currently tendering private become, they always stay Service to show it could applications.’ At the time in the hands of the private reform on its own . of writing 11 MPs had company. The destiny of It is particularly signed the EDM. two reportedly failing disappointing in light of public sector prisons is the Prison Service’s strong COMMONS DEBATE that private companies can On 5 May Paul Rowen MP performance over the last bid to take them off our asked David Hanson: year. hands. Worst of all, in the “what representations he case of the Hewell cluster, I don’t come to this with has received on proposals prison service governors prejudice; I can see no for further privatisation of have spent much of the reason why the Prison prisons; and if he will make last two years working Service shouldn’t bid for a statement.” Mr Hanson …to weld together three the five SLA prisons and replied that: “We receive prisons to form a more the two new market tests regular representations efficient cluster prison. and win. I said as much to from a number of sources Prison service staff on site the POA representatives on competition policy. My there will be shocked and from Wellingborough and right hon. Friend the shaken by this Birmingham who I met Justice Secretary made the announcement that, having earlier today.” Department’s policy on invested so much of Extract from Jack Straw’s competition clear in the themselves in the Hewell speech to the POA announcement he made to cluster, it has all been conference, 14 May 2009. this House on 27 April.” about fattening it up - or The full text is available at: perhaps slimming it down www.justice.gov.uk/news/sp1 After a question about the – to give some distant 40509.htm market testing of Buckley boardroom a chance to Hall, Neil Gerrard MP make some money out of CALL FOR AN END asked the minister: it. The there is the issue of Paul Rowen MP has filed whether it is appropriate the following Early Day “Why are the for private companies to Motion (EDM 1450): ‘That Government so wedded be permitted to run this House notes the to increasing the number prisons at all.” recent trend towards of private prisons, given privatisation of prisons; that we already have more STRAW to POA further notes the - by which I In his speech to the Prison persistently low mean a larger proportion Officers’ Association performance of such of the prison estate run conference in May, Jack privatised prisons in the privately - than anywhere Straw said: prison service league table else in Europe, and there and the prison is no real evidence any “From the outset I’ve service quarterly league more of cost savings from never hidden the fact that tables; questions the ability private prisons, but there competition would be the of privatised prisons to are a lot of question consequence of not maintain prison discipline marks as to how well they reaching an agreement to and a safe environment for actually perform?” reform. And that hasn’t prison employees; agrees changed. Competition, with the Prison Officers In reply, Mr Hanson said; however, wasn’t inevitable. Association in its opposition to prison The POA had a chance to “My hon. Friend will know privatisation; and calls for go down a different path, that at present about 10%. an end to further of the estate is private 2 priva tis ationFACTFILE prison-orientated and 90% Minister’s Office website. One project has looked at is in the public sector. Let At the time of writing the global market for us look at what the there were 1,865 prisons and probation Labour Government have signatories. See: services while the other done to date. In the last www.petiitions.number10.go has compared 12 years, we have v.uk/HelpHMPrisons/ comparative outcomes commissioned and built and cost effectiveness. The RAF Coltishall in Norfolk, PERFORMANCE work was commissioned which will be opening RATINGS long after the latest shortly as a public sector In Quarter 2 2008/09 Carter review was prison, and we have also Altcourse, Forest Bank published and before the opened HMP Kennet in and Wolds all dropped 27 April announcement on Maghull on Merseyside as their performance levels the future programme of a public sector prison. from the previous quarter. privatisation and market What we said in our 27 According to NOMS most testing. So far neither April announcement is recent data (Quarter 3) report has been published. that the next two 1,500- the performance ratings of capacity prisons to be privately-run prisons was DOVEGATE: STILL built will be private sector as follows: MUCH TO DO institutions, but that we “On our last two visits to Prison Level are not averse to the the main prison, we noted public sector being Altcourse 3 serious weaknesses in considered after that, Ashfield 3 safety and control and a because there is a need lack of progress between for an appropriate mix. Bronzefield 3 inspections. To the credit The public sector does a Doncaster 3 of the director and his good job, and the private staff, this full announced sector can do a good job Dovegate 3 inspection found a safer too; what we are Forest Bank 2 and more controlled interested in is the cost prison with reasonable Lowdham Gr. 3 and efficiency of the purposeful activity, prison service, and I Parc 3 although resettlement believe that both sectors remained weak,” noted Peterborough 2 have their role to play. My the chief inspector of hon. Friend will know, Rye Hill 2 prisons in her latest however, that the public Wolds 2 report on the Serco-run sector overwhelmingly prison. remains the major Key: 4 = Exceptional provider of prison performance; 3 = Good The inspection took place services in and performance; 2 = requiring in September and and will continue to development October 2009. The chief be so.” Source: Ministry of Justice, inspector listed 159 See the full discussion at Prison quarterly ratings, recommendations for House of Commons Quarter 3 2008/09 improvements, 28 Debates, Vol. No. 492, Col.1, housekeeping points and www.parliament.uk PRIVATISE, THEN highlighted five examples RESEARCH of good practices. E-PETITION The Ministry of Justice has An E-Petition calling for commissioned two “In our previous two the Prime Minister to consultancy firms to carry inspection reports on the keep prisons within the out research into the main Dovegate prison we public sector has been privatisation of prisons were very critical. In submitted to the Prime and probation services. particular, we noted

priv atisationFACTFILE 3 serious weaknesses in noted the chief inspector innovative approaches. safety and control. Bullying of prisons in her latest Though relationships and drugs were rife, and report. between staff and young staff appeared fearful and people remained generally lacking in confidence. There were “only 70 full- good, the high level of Given the lack of progress time education places for assaults and the use of between the last two the prison’s expanded force bore witness to the inspections, we called on population of 1,200; and difficulty of managing this the National Offender only 289 work places, volatile population safely Management Service to some of them in contract in large establishments and ensure that Serco workshops, with too few units. Nevertheless, this improved matters opportunities to gain report shows that Ashfield dramatically. This employment-related skills. had been able to sustain inspection found At any one time there and continue the progress significant improvements. were at least 400 officially it has made over the last The prison was now safer unemployed , and six years.” and better controlled, with many of those in the a more confident staff able contract workshops were The majority of the to manage prisoners with in fact unoccupied. There recommendations from much less resort to the had been a reduction in the previous inspection use of force. There the purposeful activity report had been achieved remained much to do - target since the previous but 32 had not, including drugs were still a concern, inspection, so that three regarding prisoners remained very employed prisoners could assessments and reviews negative about the prison, only expect eight hours a related to the prevention and resettlement was day out of cell; of suicide and self-harm. weak - but the progress unemployed prisoners, Some 26 had only been made since our last visit however, could be locked partially achieved. The was undeniable.” up for up to 20 hours a chief inspector made 68 Report on an announced day.” recommendations for inspection of HMP Dovegate Report on an unannounced improvements and 29 September – 3 October full follow up inspection of highlighted two examples 2008 by HM Chief HMP & YOI Parc 7-11 July of good practice. Inspector of Prisons, 2008, signed off December Unannounced short follow published 2009. 2008, published April 2009, up inspection, HMYOI www.inspectorates.justice.go Ashfield, 26-29 August PARC FOLLOW UP v.uk/hmiprisons 2008, published April 2009, Parc is “officially classed as www.inspectorates.justice.go a category B male local ASHFIELD v.uk/hmiprisons prison for adults and UNANNOUNCED young adults. However the An unannounced short PRIVATISED vast majority of its adult follow up inspection of DISCIPLINE and young adult Serco-run Ashfield YOI in Staff in private prisons are population is sentenced. August 2008 led the chief 23 times more likely to Effectively then, it is a inspector of prisons to face formal disciplinary training prison – and comment that: procedures than their indeed the only non- public sector specialist closed training “This is another positive counterparts, according to prison in Wales. inspection of Ashfield. the Prison Service Union Unfortunately, as the Managers and staff had (PSU). The February 2009 previous inspection found, responded to weaknesses issue of the PSU News it has never been properly highlighted in previous Bulletin explained the resourced for that role,” reports, with some difference: “However

4 priv atisationFACTFILE reprehensible it may be, we authorise ‘a worker’ to carry differences all the way up from have to accept that some out. A worker at a contracted- the custody officer to the people will never earn or out prison is ‘a person who managers, and the differences command respect in their works at the prison who is not we have found - and there are managerial role. The only way a custody officer others working on this question in which they can manage is by within the meaning of Section with me - is that private sector oppressive coercion. Indeed all 89(1) of the Criminal Justice Act officers trust their senior too often we hear of staff 1991, authorised to perform managers more, they tend to be being issued with simple custodial duties. The schedule more committed to the instructions from managers has ten headings including company, they are not kind of who invariably add the rider general duties, control of anti upwards, they look as if they … do it or be disciplined. We visitors, communications or have very good relationships have countless examples of control room duties, perimeter with prisoners but with a bit managers writing to all staff and grounds patrols, night patrol more investigation we when, for example, introducing duties, searching, supervising discovered they have more new procedures and adding in prisoner work parties, carrying punitive attitudes than officers in writing, ‘anyone not complying out fire officer duties, routine the public sector but are more will face disciplinary action administrative work ancillary to vulnerable as employees, so it is (yes, we know who you are).’ custody duties and carrying out quite complicated. We would ask any manager canteen and kit exchange, store within the private sector to re- duties, driving and navigating. Q5 Alun Michael: Could you assess their attitudes.” For the full details see: explain those three? Punitive in www.opsi.gov.uk/si/si2009/uksi_20 what way? Vulnerable in what The PSU also noted that: 090576_en_1 way? And what was the third? “there are quite different cultural differences between ROLE AL : We have a dimension in our [public sector] prison officers On 17 March 2009 the questionnaire which is called and prisoner custody officers. Commons Justice Committee “Views on and In the public sector, heard evidence from Professor rehabilitation”, and it is really management work hard to Alison Liebling of Cambridge about whether staff believe in prove alleged wrongdoing. In Institute of . Here rehabilitation, that time in prison the private sector many staff are some extracts from her can make a difference, that seem only too willing to give evidence relating to some prisoners are redeemable, or testimony against their differences between public and whether they feel slightly colleagues. It is therefore private prisons. resentful and do not like infinitely easier for managers prisoners having good material to discipline staff in the private Q4 Alun Michael : Have you conditions and think things sector - our members do it for identified through your research should be worse and that they them!” The PSU describes any differences between get out of their cells too much. itself as the ‘union for the 21 st practices and policies and the Century’ and is not affiliated to performance of officers as Q6 Alun Michael: So this is the TUC. between prison officers in about attitude? PSU News Bulletin, public sector prisons and prison www.psunion.org.uk custody officers, as I think they are described, in private AL : Yes. ORDER ORDER prisons? The Contracted-Out Prisons Q7 Alun Michael: And it is (Specification of Restricted AL : Yes, huge differences, and self-described? Activities) Order 2009 came we are finishing a major project into force on 6 April 2009. It on this in a moment so we will AL : It is agreement or provides a schedule of ‘certain have more to say on this in a disagreement with a whole activities’ which a director of a few months’ time, but it is really series of dimensions that are contracted-out prison may clear there are major

priv atisationFACTFILE 5 really about attitudes, but see, and be part of, each Briefly, in terms of that the difference in behaviour prison’s improvement”. greater turnover, are there is that in the private Was that referring to blindingly obvious reasons sector so far, because the public or private prisons for that, or is it a mixed staff are inexperienced in respect of that sort of victim? and less well-trained, they added value attitude, or is tend to struggle a bit that something you found AL: The high turnover in more than staff in the in both? the private sector? public sector with using their authority, so what AL : Interesting. That Q10 Alun Michael: they do is tend to stand observation comes from Both, actually. The low back from prisoners quite work in public sector turnover in the public a lot and then sometimes prisons, so that is what we sector might be as jump forward, so they are were describing at the interesting. a bit erratic and they can time. We have seen that get it wrong at both ends kind of commitment, the AL : We cannot help as of the spectrum sort of over-and-above- a team observing that the sometimes, and we see the-call-of-duty in the right place to be would that. In the public sector private sector too. The probably be closer to the staff are much more other really important public sector, just a little confident; they can difference is turnover, that bit higher but not as close overuse their authority, as things change over time in as the private sector. It is everybody knows, but the private sector and in not just to do with pay when they get it right it the public sector, and and conditions; it is to do looks very different. It is because there is about with I think quite low based on experience and a 30% turnover, I think, in staffing levels and the it is a quite subtle, peace- the private sector and demands of the job, that it keeping, informal use of a lot of leaving the job, is really difficult work and their authority that is very what you end up with it does not suit everyone, professional. We do not after four or five years are and probably people try it always find it but I think officers who really want to because they are looking we know what it looks stay in the job, whereas in for a job and they are like when it works well. the public sector, because much less committed to there is a much lower a career in the Q8 Alun Michael: turnover and a lot of Prison Service. I was interested in people stay because they paragraph 30 in your cannot find alternative, or Q11 Alun Michael: submission where you say: would not be able to find Why would they be less “Prison officers have alternative, employment, experimental in taking up a strong sense of purpose there is a bit more of a job in the private sector and vocation and derive a dropping off of that kind rather than the public considerable satisfaction of enthusiasm we have sector? from helping and advising found over time in the prisoners, and solving public sector. So we are AL : Because their ways problems. They respond finding that there are into the job are very energetically to some quite interesting different. People tend to involvement in special subtle differences between end up in the private projects. In two action the public and private sector because a prison research exercises, staff sector and they are opens in their area and changed their shifts, related to how the two they have lost their job, cancelled their leave, and organisations employ their and they need a job and showed ‘an amazing level staff. they think “Here is a job”, of responsiveness’, it is an accident, whereas because they wanted to Q9 Alun Michael: 6 priv atisationFACTFILE in the public sector people staff and prisoners, and complicated and the needs often think about joining given that it will take time of minority prisoners are the Prison Service, it is to improve the situation via not all going to be solved by a long-term commitment recruitment, etc, what adjusting the figures. There is and it is a bit more measures do you think the much more going on. vocational. The Prison Service could take relationship with the job is now to improve the Q31 Alun Michael: It quite different. situation? sounds as if there is a strength and a weakness in Q16 Dr Palmer: Yes. AL : This is a bit both directions there. The Howard League has complicated. We did an Where do you think both of suggested that the Prison analysis of 49 prisons trying them should be heading? Service should to test whether there was immediately impose an discrimination and whether AL : When private prisons eligibility requirement of that was related to the were introduced there was ‘A’ levels or equivalent. number of minority staff a little phrase in the What do you think the employed in each legislation which I am sure impact might be in the establishment, and we said “as an experiment”, and short and longer term found that culture it feels like it has been an with that? outweighed the colour of experiment in the staff skin. I am thinking of organisation of prison work. AL : The immediate impact particular prisons now in I think there is would be you would run our results but if a prison a phenomenal number of out of prison officers very had a really poor culture, lessons to be learned from quickly. I understand why minority prisoners who felt this experiment. Both that is on the table. We discriminated against were sectors have significant have the shortest training, in a prison where most strengths and weaknesses, I think, in any western prisoners felt disrespected, and I think the service is European country for our so we concluded that missing a trick not sitting prison officers and it has feelings of discrimination down and looking really been getting shorter over were reflecting general carefully at this natural the years and is even disrespect and that that experiment. The sectors shorter in the private was a problem for have really clearly sector, and I think that is everybody in that prison, identifiable strengths and a major problem, but the and that it was not weaknesses. Prison Service did correlated with the experiment with requiring numbers of minority staff. Q34 Alun Michael: The ‘O’ levels or GCSEs a few In fact, some minority staff motivation sounds fine, but years ago, it might be quite could adopt quite has that increased the a lot of years ago now, and unpleasant cultural quality of management by they just had to drop the attitudes. We found the prisoners of their activities requirement because the same thing with gender, outside prison? I mean number of applicants dried that being a woman does criminal activity. up. not solve anything. If you are in a really negative AL : We do not have this Q21 Mrs James: prison, the women are as information yet but we are I would like to turn to the bad as the men are, if you hoping to build it into our ethnic make-up of staff see what I mean. It is only study. My guess is that there and the disparity between in a very benign prison is significant variation, so you that make-up and the where women start to cannot say the private prisoners’. What do you behave differently and sector do it well and the think that impact of that separately from men, so public sector do it badly, it is is, particularly between the I think it is quite not like that at all, but when

priv atisationFACTFILE 7 the private sector do it Procurement Capability onerous and outdated.” To well they have an edge, Review recommendation. support their argument and if you tell them: “What Part of the remit of the the staff alleged the we want you to do is get new directorate is to bring following points: everybody a job and together information on employment on release” all Ministry of Justice • Conflict of they can put their minds contracts,” (Hansard, 13 interest - in general to doing that. They work May 2009). between the SPS and very constructively with contractor (Serco). outside agencies and put TORIES –EVEN lots of energy into it. The MORE PRISONS • Disciplinary public sector are capable A Conservative process - is unfair of doing all those things government will “ensure due to contractor’s too, but they have some that we have adequate decisions being disadvantages. They also space to house offenders, overturned by SPS have some strengths. our plans for renewal of controllers. Source: Hansard, Transcript the prison estate will Disciplinary process of uncorrected evidence, 17 increase capacity by 5,000 becomes futile and March 2009. More extracts places above Labour’s exposed to prejudice. will appear in Privatisation plans.” So that would Ultimately leading to Factfile 56. mean 101,000 prisoners the dismissal of by 2014. The party’s employees. DON’T KNOW YET website explains its Responding to Bob Spink and justice policies. • Training MP’ s parliamentary www.conservatives.com/Polic requirements - are question asking which y/Where_we_stand/Crime_a on different scales, services had been nd_Justice.aspx requiring contractor outsourced in the past five to provide higher years, Maria Eagle said: KILMARNOCK standards of training PETITION to private sector “The Ministry of Justice More than 200 prison employees than that does not hold centralised custody officers at Serco- of the public sector data on the services the run Kilmarnock prison employees. (Phase 3 Department and its have filed a petition “c alling national incident predecessors have on the Scottish Parliament readiness). outsourced in each of the to urge the Scottish last five years. This is government to conduct • Disproportionate because prior to 1 April an impartial and training - 2009, procurement was independent review of its requirements are 4X undertaken in numerous 25 year contract with higher than that of parts of the Ministry of Kilmarnock Prison the public sector. Justice and its Services Ltd on the design, predecessors and the construction, financing and • Physical Training information could be managing of HM Prison - No allowances are provided only at Kilmarnock.” afforded to employees disproportionate costs. A who have attained 50 new Procurement The petitioners argue that years of age and over. Directorate for the whole “action is necessary as (The public sector of the Ministry of Justice parts of the contract have operate on a was created on 1 April a detrimental impact on voluntary basis following an Office of staff welfare/health & regards refresher Government Commerce safety. The contract is training).

8 priv atisationFACTFILE • Training not Serco Group plc seeking required by SPS - responses to the points (SDBA) enforced by raised in the petition. contract not on a Public Petition Number PE needs basis. (Waste of 1241, 12 March 2009. resources) The Committee’s discussion is at Col 1705, Publc • Financial Petitions Committee Official penalties - imposed Report 21 April 2009. for behavioural breeches by prisoners. In no way reflects staff performance. (Penalties currently equates at £400.02 per point) (see Attached KPI Sec 2.2a – 2.2f)

• Change of use proposal - time delay puts staff at risk (18month to approve grill gates)

• Health and Safety - (Pava Spray) private sector employees refused access to the same equipment as public sector)

The petition also included a schedule from the contract that lists performance indicators and related penalty points.

On 21 April the petitioners’ case was supported at the Scottish Parliament Public Petitions Committee by Conservative MSP Margaret Mitchell. The Committee agreed to write to the , Audit , Scottish Prison Officers Association and

priv atisationFACTFILE 9