Question to the Ministry of Justice:

To ask His Majesty's Government what steps they have taken to ensure that prisoners who do unpaid work do not undertake work for profit-making businesses that would otherwise be remunerated.

While there is not anything called ‘unpaid work’ in prisons, convicted prisoners are expected to work and there are various jobs across prison workshops, kitchens, laundries and other services like wing cleaning for which prisoners are paid. Prisoners are also paid to work in prison industries, which can be commercial, employer-led spaces or can make products for the internal prison market that we would otherwise have to buy (such as cell furniture and prisoner clothing), saving the taxpayer money.

In addition, Release on Temporary Licence (ROTL) allows prisoners to be released temporarily into the community for specific purposes, including to engage in employment. Prisoners working on ROTL are paid the same as their counterparts in the community and are subject to the same income tax, National Insurance and child support requirements, as well as other court ordered deductions. The Prisoners’ Earnings Act 1996 gives governors the power to deduct up to and including 40% from prisoners’ earnings on ROTL. As per the Prison Rules 1999, all monies raised from the levy are sent to Victim Support.

Certain offenders will carry out unpaid work in the community, when sentenced to do so by the courts. In 2023, around half of those on community-based sentences had such a requirement, with around 5 million hours delivered each year. However, it is a core principle of community payback that unpaid work must not directly replace paid work, should comply with state aid regulations and forced labour conventions, and should avoid creating competitive advantages through the provision of free labour. It serves as a credible punishment that is visible to the public, with rehabilitation serving as an important secondary element.