Response to Opposition Day Debate: Prisons and Probation

Monday 22nd July 2019 Written Statements

[The Lord Chancellor and Secretary of State for Justice (Mr David Gauke)]

Today I would like to update the House on prisons and probation following the Opposition day debate of 14 May 2019.

Our prison and probation systems have faced challenges in recent years, with changes in population, changes in the nature of crimes being committed and wider societal changes impacting the criminal justice sector, such as the use of Spice and other psychoactive substances. We need to ensure that our prisons and probation services provide appropriate punishment, and work with offenders to stop the root causes of criminality, supporting them to re-join their communities.

HMP Birmingham was an exceptional case caused by a number of complex factors and the Government had been working closely with G4S to try and resolve the issues in HMP Birmingham. However, it became increasingly clear that G4S alone was not able to make the improvements that were so badly needed. That is why the Government took decisive action to step in and did so at no additional costs to the taxpayer.

However, the Government are clear that the exceptional experience of HMP Birmingham is no more representative of the wider contribution of the private sector to our justice system than individual failings in the public sector are in the public estate. The Government remain committed to ensuring a mixed market for delivery of services in the justice system. Partnering with the private and voluntary sectors offers the taxpayer greater value for money, greater diversity of provision and greater innovation than we would see from the public sector alone. Our policy remains a commitment to what works; we will continue to resist ideological calls to spend taxpayers money in a particular sector, regardless of value proposition.

Government contracts are never awarded lightly: each is awarded following a robust process. The Government have always been compliant with procurement regulations and follows these diligently when assessing supplier’s suitability.

Through the competition processes we undertake a rigorous financial and operational assessment of bids put forward by any existing or potential operator to ensure bids are of sufficient quality, value for money and affordability. The Government also ensure, through the procurement and contract management processes, that we have sufficient measures in place to have confidence in the delivery and maintenance of the contracted services over their lifetime.

The chief inspector of prisons has highlighted many examples of excellent performance by private prisons in his inspection reports and competition for custodial services in England and Wales is well established, and has been in place since the early 1990s. Privately managed prison providers achieve the majority of their targets, and their performance is closely monitored by the robust contract management processes HMPPS has in place.

Privately-managed prisons have also pioneered the use of modem technology to improve the running of establishments and help promote rehabilitation—innovations that in many cases are still not widely found in the public estate. This includes the development of in-cell telephony to help prisoners maintain ties with their families; interactive story-time activities between prisoners and their children; and the introduction of electronic kiosks, which allow prisoners to have greater control of managing their day-to-day lives.

Private probation providers have drawn on prior experience delivering employability services to improve the sourcing of unpaid work placements for offenders on community sentences, with nine out of 13 community rehabilitation companies rated “Good” for the delivery of unpaid work by HM Inspectorate of Probation. CRCs have also demonstrated their potential to drive innovation in rehabilitation programmes, with London CRC helping pioneer the safer streets partnership to tackle gangs and knife crime and Kent, Surrey and Sussex CRC developing the first behavioural intervention targeted at stalking offences.

The Government therefore rejects the call to end plans to run competitions for new private prisons. We are also committed to ensuring a mixed market for service delivery in the probation system, with offender management delivered by the National Probation Service, but up to £280 million allocated for contracting of unpaid work and rehabilitative services from the private and voluntary sector. In addition, we plan to ring-fence an initial £20 million per year for a regional outcome and innovation fund to be spent on innovative, cross-cutting approaches. There will inevitably in any large organisation be occasional instances where service delivery is not as expected, regardless of whether the public or private sectors are responsible. In these instances, we ensure prompt action is taken to rectify any identified issues, and to learn lessons. This Government will not shy away from learning lessons where they are required—and will not seek to denigrate the dedicated work of large numbers of those who deliver our public services simply because of who their employer is.

Instead, this Government are committed to ensuring that all our prisons, public or private, are places of safety and reform, and that our probation services maximise their performance in keeping the public safe by helping offenders on community orders or leaving prison to turn their lives around in the community.

[HCWS1783]