Question to the Ministry of Justice:

To ask the Secretary of State for Justice, for what reasons the National Offender Management Service decided not to impose financial penalties on private prisons on each occasion when such penalties were applicable in the last five years; and what the value of those fines so foregone was.

Performance points are accrued when a custodial service failure occurs. Charges are then applied when the total points exceeds the relevant performance baseline. A performance baseline is allowed in recognition of the complex operational nature of prisons where we know that there will be occasional incidents no matter how well the prison is run. This charge protocol is a longstanding practice in prison contracts.

The performance points, and subsequent calculated charges, are signed off by all parties at the Quarterly Contract Review Meeting. Following this meeting, charge payable will, without exception, be collected by NOMS.