Ministers Plan To Let Private Prisons Discipline Inmates

The powers of Home Office officials to discipline and order the segregation and restraint of prisoners in Britain’s private jails would be handed over to the prison companies under legislation to be debated today by the House of Lords.

Prison governors warned last night that the little-noticed provisions in the government’s offender management bill to give private prison companies the power to punish their inmates were a “serious step too far”.

Paul Tidball, president of the Prison Governors’ Association, said in the aftermath of the GuardianFilms/BBC Panorama exposure of bribery and drugs at the privately-run Rye Hill prison, Warwickshire, that it was essential that internal judicial processes in prisons were conducted without an eye to costs and profit.

Home Office “controllers” were appointed on-site for every private prison as a result of the 1991 Criminal Justice Act, to meet MPs’ concerns about the ability of private companies to run prisons. They were given the powers to carry out disciplinary investigations against prisoners, and hand out punishments, including the use of segregation cells and restraints such as body belts.

They were also charged with “investigating inappropriate behaviour by contractors and their staff”. Internal Home Office correspondence leaked to the Guardian show that officials already regard the proposal as “potentially controversial”, as private prison directors will become officially charged with ensuring the “fair and lawful treatment of prisoners” inside their own jails. The leaked paper also showed the move was designed to boost the competitiveness of the private prison companies by creating a “more level playing field” for them in competition with public prisons.

The Guardian revealed yesterday that an undercover reporter who spent five months as a prison officer at Rye Hill was asked by inmates to smuggle in mobile phones and drugs.

He also discovered that staff were intimidated by prisoners if they were too diligent in their duties. Conditions at Rye Hill were highlighted last month at Northampton crown court when the prison was criticised after the collapse of a manslaughter trial over the death in 2005 of Michael Bailey, a prisoner on suicide watch. Four officers were cleared in connection with the death and the judge described it as an “avoidable tragedy”.

The government is expected to get a rough ride today when peers debate the second reading of the offender management bill, which includes plans to create a “vibrant mixed market” in probation and prison services.

Prison governors last night urged peers to oppose the move: “For many, the concept of imprisonment, our society’s most severe punishment, being delivered by private companies remains unpalatable but, regardless of that principle, the removal of the safeguard in place to support their acceptability must be a serious step too far,” said Mr Tidball.

He said ministers had argued that private prisons had proved themselves, but the worst recent inspection reports had all involved private prisons.

No public sector prison had been caught out failing to provide prisoners with toilet seats and pillows or with a body of staff so inexperienced and lacking competence that they were in fear of the prisoners.

“These functions are the proper preserve of directly accountable public servants and not commercial companies, some of which do not have to concern themselves even with accountability to shareholders, let alone parliament,” said Mr Tidball.

The government secured a majority for the legislation shaking up the prisons and probation services in the Commons after making a series of concessions over how much of the probation service would be put out to tender. It is expected that ministers will be forced to offer further concessions to get the bill through the Lords.