Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, if she will make an assessment of the potential merits of ensuring parity of access to public funds for (a) domestic and (b) overseas applicants for child arrangement orders.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
Court and tribunal fees do not vary depending on whether the applicant resides in England and Wales or overseas. The Help with Fees remission scheme is available for those who are less able to reasonably afford a court or tribunal fee. Providing that the application is made in English or Welsh, and the applicants’ income is in pound sterling, eligibility for a full or partial fee remission is not affected by whether the applicant resides in England and Wales or overseas. The only exception relates to proceedings taking place in the Immigration & Asylum chamber of the First-tier Tribunal, for which only in-country applicants can apply for Help with Fees.
Similarly, access to legal aid is determined by the jurisdiction of the court (i.e. whether the relevant proceedings are before a court in England and Wales), rather than where an applicant is residing. In private family proceedings, legal aid is available for matters such as child arrangement orders, financial remedy proceedings and divorce if you are a victim of domestic abuse or at risk of being abused. Legal aid is also available for child arrangements orders sought as protection measures for children. Funding is subject to providing the required evidence and passing the means and merits tests.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what information her Department holds on the number of foreign nationals living overseas who were in receipt of (a) non-means and (b) non-merits tested legal aid in 2023.
Answered by Heidi Alexander - Secretary of State for Transport
This information requested is not held centrally.
In making decisions about who qualifies for legal aid, the Legal Aid Agency must apply the provisions of the Legal Aid Sentencing and Punishment of Offenders Act 2012, and any regulations made under that Act. This legislation applies to any application for legal aid in connection with legal advice and proceedings in England and Wales. Where proceedings are before a court or tribunal in England or Wales, legal aid is available to individuals who qualify for services irrespective of their nationality or usual place of residence. As nationality is not a determinative factor in the availability of legal aid, it is not mandatory that this information is provided with an application for legal aid and nor is it specifically tracked or recorded by the Department.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what comparative assessment he has made of levels of (a) assaults, (b) assaults on staff and (c) staffing in public and private prisons.
Answered by Lucy Frazer
The Ministry of Justice does not hold data covering a comparative assessment that compares staffing or assaults in public / privately managed prisons.
We publish details on staffing in public prisons every quarter in our HMPPS Workforce Statistics, the latest version is from March and is available at the following link: https://www.gov.uk/government/statistics/her-majestys-prison-and-probation-service-workforce-quarterly-march-2020. We do not hold data on staffing levels in private prisons.
There were 32,669 assaults in prisons in England and Wales in 2019, of which 26,821 were in public prisons (82% of total assaults) and 5,848 were in private prisons (18% of total assaults).
There were 9,995 assaults on staff in prisons in England and Wales in 2019, of which 8,579 were in public prisons (86% of all assaults on staff) and 1,416 were in private prisons (14% of all assaults on staff).
Please note that Birmingham changed from a private prison to a public prison in July 2019. The figures for Birmingham have not been split between the public prisons total and the private prisons total, all assaults in Birmingham for 2019 were recorded as being in private prisons.
We closely monitor the level of violence in both public and privately managed prisons. This information is used to inform decisions around prison safety, such as procedures and training to support improved safety outcomes.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, , how many drug finds have been reported at each prison establishment in each of the last 12 months.
Answered by Lucy Frazer
The number of drug finds in prison each month and the type of drug is published annually in the HMPPS Annual Digest. We cannot give data out that is due for publication. Figures for 2018/19 were published in July 2019. Figures for 2019/20 are not yet published and will be published in the Annual Digest on 30th July. This will include data for January to March 2020. Data for the remainder of 2020 will follow in the 2020/21 Annual Digest to be published next year.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many illicit (a) mobile phones, and (b) SIM cards have been discovered and reported at each prison establishment in each of the last 12 months.
Answered by Lucy Frazer
The number of mobile phone and SIM card finds in prison each month is published annually in the HMPPS Annual Digest. We cannot give data out that is due for publication. Figures for 2018/19 were published in July 2019. Figures for 2019/20 are not yet published and will be published in the Annual Digest on 30th July. This will include data for January to March 2020. Data for the remainder of 2020 will follow in the 2020/21 Annual Digest to be published next year.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many incidents of active concerted indiscipline have been reported at each prison establishment in each of the last 12 months.
Answered by Lucy Frazer
The attached table shows the number of incidents of concerted indiscipline, both active and passive, over the last 12 months per establishment. As a total there have been 104 incidents of concerted indiscipline in this time period. 85 of these were active and 19 were passive.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the BBC report of 9 July 2020 entitled G4S selected to run Wellingborough mega prison, whether minimum staffing levels at the new prison will be contractually mandated; and if he will make a statement.
Answered by Lucy Frazer
The competition for the operation of the new prison at Wellingborough has not yet concluded as we are still in the standstill period. We intend to announce the outcome in due course.
The operator contracts between the Department and all private prison providers require the Contractor to be responsible for all staffing matters, including ensuring staff have the training and experience necessary for safe and decent prisons. This is monitored to ensure the standards are maintained across the lifetime of the contract. Mandating minimum staffing levels for private prison operators would restrict their ability to introduce and foster innovation, and their flexibility to adjust their staffing levels across the lifetime of the contract according to the needs and demands created by any changes to the prison population or in risk. It could also deter them from engaging with expertise and professional support in the local and wider community and hinder their ability to respond quickly to new challenges and opportunities.
As part of the Prison Operator Competition, subject matter experts scrutinise and validate proposed staffing levels within operators’ bids to ensure delivery of operations to a decent, safe, secure and rehabilitative standard. The competition for the operation of the new prison at Wellingborough was not about the difference or preference between the public and private sector. We have been clear through this competition we expected bidders to provide high quality, value for money bids that deliver effective regimes to meet the specific needs of prisoners. Our priority is to help prisoners turn their lives around to prevent reoffending and future victims.
We hold both public and private sector prisons to account for the outcomes they deliver. PSI 2017/07 only applies to public sector prisons, however, private prisons will have their own similar systems in place to ensure they provide the required services and use the levels of staff determined as required and appropriate. These are robustly scrutinised for the lifetime of the contract to ensure that the required standards are met.
Throughout the COVID-19 pandemic, construction at the new prison at Wellingborough and early works at Glen Parva has continued safely, with workers following PHE guidance and the Construction Leadership Council’s Site Operating Procedures. We expect the new prison at Wellingborough will open late 2021.
While no decisions have been made on who will operate the recently announced four new prisons, we maintain this government’s commitment to a mixed market in custodial services. It is our ambition that at least one of these new prisons will be operated by the public sector. In this scenario, HMPPS would not be required to go through a bidding process. In the event that any of the new prisons were competed these would be done through the Prison Operator Services Framework via a mini competition. In this case, HMPPS would not take part in the mini competition but would instead provide a public sector benchmark against which operators’ bids can be assessed. If bids do not meet quality or value for money thresholds, HMPPS would take on the operator role.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the BBC report of 9 July 2020, G4S selected to run Wellingborough mega prison, what estimate he has made of the savings to be accrued to the public purse of the decision to appoint a private contractor to run the establishment in comparison with the notional public-sector prepared as part of the bid evaluation process.
Answered by Lucy Frazer
The competition for the operation of the new prison at Wellingborough has not yet concluded as we are still in the standstill period. We intend to announce the outcome in due course.
The operator contracts between the Department and all private prison providers require the Contractor to be responsible for all staffing matters, including ensuring staff have the training and experience necessary for safe and decent prisons. This is monitored to ensure the standards are maintained across the lifetime of the contract. Mandating minimum staffing levels for private prison operators would restrict their ability to introduce and foster innovation, and their flexibility to adjust their staffing levels across the lifetime of the contract according to the needs and demands created by any changes to the prison population or in risk. It could also deter them from engaging with expertise and professional support in the local and wider community and hinder their ability to respond quickly to new challenges and opportunities.
As part of the Prison Operator Competition, subject matter experts scrutinise and validate proposed staffing levels within operators’ bids to ensure delivery of operations to a decent, safe, secure and rehabilitative standard. The competition for the operation of the new prison at Wellingborough was not about the difference or preference between the public and private sector. We have been clear through this competition we expected bidders to provide high quality, value for money bids that deliver effective regimes to meet the specific needs of prisoners. Our priority is to help prisoners turn their lives around to prevent reoffending and future victims.
We hold both public and private sector prisons to account for the outcomes they deliver. PSI 2017/07 only applies to public sector prisons, however, private prisons will have their own similar systems in place to ensure they provide the required services and use the levels of staff determined as required and appropriate. These are robustly scrutinised for the lifetime of the contract to ensure that the required standards are met.
Throughout the COVID-19 pandemic, construction at the new prison at Wellingborough and early works at Glen Parva has continued safely, with workers following PHE guidance and the Construction Leadership Council’s Site Operating Procedures. We expect the new prison at Wellingborough will open late 2021.
While no decisions have been made on who will operate the recently announced four new prisons, we maintain this government’s commitment to a mixed market in custodial services. It is our ambition that at least one of these new prisons will be operated by the public sector. In this scenario, HMPPS would not be required to go through a bidding process. In the event that any of the new prisons were competed these would be done through the Prison Operator Services Framework via a mini competition. In this case, HMPPS would not take part in the mini competition but would instead provide a public sector benchmark against which operators’ bids can be assessed. If bids do not meet quality or value for money thresholds, HMPPS would take on the operator role.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the BBC report of 9 July 2020, G4S selected to run Wellingborough mega prison, whether the successful contractor will be required to follow Prison Service Instruction 07/2017, Regime Management Planning, to ensure that the regimes are safe, decent, secure, resilient and sustainable.
Answered by Lucy Frazer
The competition for the operation of the new prison at Wellingborough has not yet concluded as we are still in the standstill period. We intend to announce the outcome in due course.
The operator contracts between the Department and all private prison providers require the Contractor to be responsible for all staffing matters, including ensuring staff have the training and experience necessary for safe and decent prisons. This is monitored to ensure the standards are maintained across the lifetime of the contract. Mandating minimum staffing levels for private prison operators would restrict their ability to introduce and foster innovation, and their flexibility to adjust their staffing levels across the lifetime of the contract according to the needs and demands created by any changes to the prison population or in risk. It could also deter them from engaging with expertise and professional support in the local and wider community and hinder their ability to respond quickly to new challenges and opportunities.
As part of the Prison Operator Competition, subject matter experts scrutinise and validate proposed staffing levels within operators’ bids to ensure delivery of operations to a decent, safe, secure and rehabilitative standard. The competition for the operation of the new prison at Wellingborough was not about the difference or preference between the public and private sector. We have been clear through this competition we expected bidders to provide high quality, value for money bids that deliver effective regimes to meet the specific needs of prisoners. Our priority is to help prisoners turn their lives around to prevent reoffending and future victims.
We hold both public and private sector prisons to account for the outcomes they deliver. PSI 2017/07 only applies to public sector prisons, however, private prisons will have their own similar systems in place to ensure they provide the required services and use the levels of staff determined as required and appropriate. These are robustly scrutinised for the lifetime of the contract to ensure that the required standards are met.
Throughout the COVID-19 pandemic, construction at the new prison at Wellingborough and early works at Glen Parva has continued safely, with workers following PHE guidance and the Construction Leadership Council’s Site Operating Procedures. We expect the new prison at Wellingborough will open late 2021.
While no decisions have been made on who will operate the recently announced four new prisons, we maintain this government’s commitment to a mixed market in custodial services. It is our ambition that at least one of these new prisons will be operated by the public sector. In this scenario, HMPPS would not be required to go through a bidding process. In the event that any of the new prisons were competed these would be done through the Prison Operator Services Framework via a mini competition. In this case, HMPPS would not take part in the mini competition but would instead provide a public sector benchmark against which operators’ bids can be assessed. If bids do not meet quality or value for money thresholds, HMPPS would take on the operator role.
Asked by: Mary Glindon (Labour - Newcastle upon Tyne East and Wallsend)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to the BBC report of 9 July 2020 entitled G4S selected to run Wellingborough mega prison, when the new prison will receive its first prisoners.
Answered by Lucy Frazer
The competition for the operation of the new prison at Wellingborough has not yet concluded as we are still in the standstill period. We intend to announce the outcome in due course.
The operator contracts between the Department and all private prison providers require the Contractor to be responsible for all staffing matters, including ensuring staff have the training and experience necessary for safe and decent prisons. This is monitored to ensure the standards are maintained across the lifetime of the contract. Mandating minimum staffing levels for private prison operators would restrict their ability to introduce and foster innovation, and their flexibility to adjust their staffing levels across the lifetime of the contract according to the needs and demands created by any changes to the prison population or in risk. It could also deter them from engaging with expertise and professional support in the local and wider community and hinder their ability to respond quickly to new challenges and opportunities.
As part of the Prison Operator Competition, subject matter experts scrutinise and validate proposed staffing levels within operators’ bids to ensure delivery of operations to a decent, safe, secure and rehabilitative standard. The competition for the operation of the new prison at Wellingborough was not about the difference or preference between the public and private sector. We have been clear through this competition we expected bidders to provide high quality, value for money bids that deliver effective regimes to meet the specific needs of prisoners. Our priority is to help prisoners turn their lives around to prevent reoffending and future victims.
We hold both public and private sector prisons to account for the outcomes they deliver. PSI 2017/07 only applies to public sector prisons, however, private prisons will have their own similar systems in place to ensure they provide the required services and use the levels of staff determined as required and appropriate. These are robustly scrutinised for the lifetime of the contract to ensure that the required standards are met.
Throughout the COVID-19 pandemic, construction at the new prison at Wellingborough and early works at Glen Parva has continued safely, with workers following PHE guidance and the Construction Leadership Council’s Site Operating Procedures. We expect the new prison at Wellingborough will open late 2021.
While no decisions have been made on who will operate the recently announced four new prisons, we maintain this government’s commitment to a mixed market in custodial services. It is our ambition that at least one of these new prisons will be operated by the public sector. In this scenario, HMPPS would not be required to go through a bidding process. In the event that any of the new prisons were competed these would be done through the Prison Operator Services Framework via a mini competition. In this case, HMPPS would not take part in the mini competition but would instead provide a public sector benchmark against which operators’ bids can be assessed. If bids do not meet quality or value for money thresholds, HMPPS would take on the operator role.