Prisons Competition Debate

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Department: Ministry of Justice
Thursday 31st March 2011

(13 years, 8 months ago)

Commons Chamber
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Lord Clarke of Nottingham Portrait Mr Clarke
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Her Majesty’s inspectorate of prisons does extremely valuable work and over the years has exposed things that can be praised or strongly criticised in both public and private sector prisons. If we look back over the years, we see that no rule and no measure can be produced that shows that either sector is overwhelmingly likely to produce praise while the other is overwhelmingly likely to produce criticism. We must look at the inspectorate’s reports, take them seriously and ensure that where there are serious problems they are addressed. In my opinion—with respect—it is extremely out of date to say that what is wrong in such a case is the fact that the prison is private, whereas when another prison is criticised it somehow does not matter so much because it is public. The whole point of contracting and competition is that one specifies the quality one wants and the right price for the taxpayer, and then the inspectorate system ensures that real failings are addressed—and at the same time, we sometimes have penalties in the contract if providers fail to deliver.

Ben Gummer Portrait Ben Gummer (Ipswich) (Con)
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I enormously welcome the statement by my right hon. and learned Friend. Given the cross-party support for what he has just announced, what plans does he have to continue the excellent policy of the previous Administration in market testing across the entire prison estate? Will payment by results contracts be extended across other prisons? Finally, will he consider agglomerating PBR contracts in prisons with probation trusts?

Lord Clarke of Nottingham Portrait Mr Clarke
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We are out to consultation at the moment on the Green Paper on sentencing in general and we floated in that the prospect, about which my hon. Friend rightly asks, of having a regular programme of competitive tendering throughout the prison system so that we can revisit quality and cost, in an organised way, gradually over the years. We have not finalised the form, but we will come back in due course once we have finished our consultations and responded, and we will answer his question about exactly what we want to do on that front. Probation trusts are equally involved, I hope, in the development of the payment by results policy. We are as anxious to see public sector bodies involved as private sector bodies. The best of the probation trusts seem to me, in my contact with them, to be quite enthusiastic about becoming involved in such a contracting process.