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1125240

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, when the decision was taken to release Joseph McCann.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252002
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 January 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:20 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118714 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125241

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, who took the decision not to refer the question of Joseph McCann's release to the Parole Board.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252003
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 January 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:30 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118715 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125243

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what the (a) scope, (b) timescale and (c) remit is of the urgent review into the reported mistaken release of Joseph McCann.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252005
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 Jarnuary 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:40 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118716 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125244

	registered interest
	date	08/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Joseph McCann
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, on what date was his Department informed of the release from prison of Joseph McCann.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252006
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>In accordance with the sentence of the Court, Joseph McCann was released on 15 February 2019, after he had completed half (less time spent on remand) of a three-year determinate sentence for burglary imposed on 25 January 2018. On release, he was supervised by the National Probation Service (NPS)</p><p> </p><p>When charged with that offence and remanded into custody on 21 August 2017, he was being supervised on licence by the NPS as part of the sentence of Imprisonment for Public Protection (IPP) which he received on 26 September 2008. An offender on an IPP licence is not recalled automatically when he is charged with a further offence or offences. The probation officer will consider whether the alleged further offences, prior offending and the offender’s current behaviour show that his risk has escalated to the point where he needs to be recalled to protect the public. The decision on whether to recall an offender is to be based on a robust assessment of risk and to reflect the professional judgment of a trained probation officer.</p><p> </p><p>The NPS has undertaken an urgent review to establish why Mr McCann was not recalled to custody, either when remanded into custody on 21 August 2017 or when he was sentenced on <ins class="ministerial">25 January 2018</ins> <del class="ministerial">15 February 2018</del>. Mr McCann has now been charged with a number of very serious offences committed on or after 21 April this year. This has triggered a mandatory serious further offence (SFO) review, under the Probation SFO Review Procedures. The SFO review will consider in greater depth than has thus far been possible, including by interviewing relevant members of staff, the question of whether Mr McCann should have been recalled to custody when charged with and subsequently convicted of the burglary offence. Typically, an SFO review is completed within three months of an offender being charged with an SFO.</p><p> </p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:45:21 question first ministerially corrected 12/06/2019 14:34:49 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118711 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125083

	registered interest
	date	07/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisons: Contracts
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, pursuant to the Answer of 18 April 2019 to Question 243526 on Prisons: Contracts, if the criteria for the qualitative evaluation of operational resources will include minimum staffing levels.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	251407
	answer	answer is ministerial correction date of answer 15/05/2019 answer text <p>One of the key aims of the competition is to secure high quality, value for money bids. We expect providers to adequately resource their respective establishments to deliver a safe, decent and secure regime but also want to encourage innovation in service delivery. We believe setting a mandatory minimum threshold for staffing would not fully deliver the aims of the competition and could stifle the ability to innovate, both now and in the future.</p><p>However, we will robustly evaluate bidder responses, for both quality and cost in consultation with subject matter experts across the organisation. It provides a full resourcing model based on the design of the prison, operating capacity, security category, the vision for the regime and the type of services that would best meet the needs of the cohort within.</p><p>The PSC will enable us to rigorously evaluate the operational and financial aspects of the bids and provide assurance that bidders have the resources required to ensure a safe, decent, secure and rehabilitative regime that delivers quality, value for money and affordability.</p><p>Recognition rights for trade unions are a matter for individual bidders and therefore are not mandated in the contract.</p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 251409 question first answered 15/05/2019 16:11:20 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 117681 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125095

	registered interest
	date	07/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisons: Contracts
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, with reference to page 11 of the House Commons Library Deposited Paper, DEP2019-0490, Prison Operator Competition Contract Summary, what steps are taken to hold private prison contractors to account.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	251418
	answer	answer is ministerial correction date of answer 15/05/2019 answer text <p>The private sector has an important role to play, and currently runs some high-performing prisons, as part of a safe, decent and secure prison estate.</p><p>Privately managed prison performance is closely monitored by robust contract management processes. Each privately managed prison has an on-site controller, employed by HM Prison and Probation Service (HMPPS). Controllers, together with regional contract managers review performance against performance indicators set out in the contract. Any improvement action identified may include a requirement for urgent improvement and/or financial deductions.</p><p>As well as contractual performance indicators, key statistics across public protection; safety and order; and offender reform are published annually for both the private and public estate.</p><p>Privately-managed prisons are subject to the same external inspection procedures as those in the public sector. Prisons are inspected at least once every five years by HM Inspectorate of Prisons, and face regular scrutiny by their local Independent Monitoring Board. Additionally, HMPPS internal audit and assurance scrutinises private prisons to ensure they are meeting their responsibilities.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 15/05/2019 17:01:57 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 117679 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125102

	registered interest
	date	07/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Prisons: Contracts
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, how many contractual improvement notices have been issued at each private prison in each of the last 10 years.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	251425
	answer	answer is ministerial correction date of answer 17/05/2019 answer text <p>Over the last 10 years, the following formal contractual notices have been issued at the following private prisons.</p><p> </p><p><strong>HMP Birmingham (operated by G4S)</strong></p><p>HMP Birmingham – Incident Reporting (Improvement Notice Issued August 2016, Closed January 2017 due to sufficient improvements in performance being made)</p><p>HMP Birmingham – Release in Error (Improvement Notice Issued August 2016, Closed January 2017 due to sufficient improvements in performance being made)</p><p>HMP Birmingham - Levels of Violence, reduced purposeful activity, cleanliness (Improvement Notice issued March 2018)</p><p>HMP Birmingham – ACCT (Assessment, Care in Custody, Teamwork) (Improvement Notice issued March 2018)</p><p>HMP Birmingham – Levels of Violence, reduced purposeful activity, cleanliness, (Outstanding Issues Notice issued June 2018, not closed, superseded by Step In)</p><p>HMP Birmingham – ACCT (Assessment, Care in Custody, Teamwork) ( Outstanding Issues Notice issued August 2018, not closed, superseded by Step In)</p><p> </p><p><strong>HMP &amp; YOI Doncaster (operated by Serco) </strong></p><p>HMP &amp; YOI Doncaster – Insufficient Progress against HMIP Recommendations, Increase in Levels of Violence and Staffing Levels (Improvement Notice Issued – March 2015)</p><p>HMP &amp; YOI Doncaster – Insufficient Progress against HMIP Recommendations, Increase in Levels of Violence and Staffing Levels (Outstanding Issues Notice Issued – July 2015)</p><p>HMP &amp; YOI Doncaster – Insufficient Progress against HMIP Recommendations, Increase in Levels of Violence and Staffing Levels (Rectification Notice Issued 12<sup>th</sup> – August 2015)</p><p>Rectification Closed due to sufficient improvements in performance being made in July 2017.</p><p> </p><p> </p><p><strong>HMP Northumberland (operated by Sodexo)</strong></p><p>HMP Northumberland – Insufficient performance against the Performance Threshold for Prisoner Working Hours (Improvement Notice Issued - June 2015)</p><p>Improvement Notice Closed due to sufficient improvements in performance being made in December 2016.</p><p> </p><p><strong>HMP Oakwood (operated by G4S)</strong></p><p>HMP Oakwood – Areas of Reduced performance - Cleanliness, MDT, Purposeful Activity, Searching, Staffing Numbers - (Improvement Notice Issued - February 2012)</p><p>Improvement Notice closed due to sufficient improvements in performance being made in July 2013.</p><p> </p><p><strong>HMP Peterborough (operated by Sodexo)</strong></p><p>HMP Peterborough – Healthcare Provision (Rectification Notice issued – 17<sup>th</sup> August 2018)</p><p>Rectification closed due to sufficient improvements in performance being made in January 2019</p><p> </p><p><strong>HMP Rye Hill (Operated by G4S) </strong></p><p>HMP Rye Hill – (i) Shortfall in staffing levels and (ii) inadequate paperwork plus non-compliance to PSO1700 (Management of Disruptive Prisoners) in operation of the Care and Separation Unit (Rectification Notice issued in March 2010).</p><p>HMP Rye Hill – Rectification Notice for above formally closed due to sufficient improvements in performance being made in December 2010.</p><p>HMP Rye Hill – Continued water ingress into Education Block (Corrective Action Notice Issued - September 2016)</p><p>HMP Rye Hill – Corrective Action Notice formally closed due to sufficient improvements in performance being made in January 2017).</p><p> </p><p>Every privately contracted prison is robustly scrutinised by an on-site Prison Service Controller who monitors their performance, including staffing levels. Some privately run prisons are among the best across the estate, and we are able to take rapid action if standards do not meet contractual levels, and in such circumstances remedies are applied.</p><p> </p><p>For publicly run prisons we have a Performance and Assurance Framework, which ensures that where a prisons performance falls below a certain level improvement measures can be put in place.</p> answering member constituency South Swindon answering member printed Robert Buckland question first answered 17/05/2019 13:59:50 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118256 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125768

	registered interest
	date	09/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Working Links
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, if he will publish a list of the creditors who will benefit from the Working Links Ministerial direction made on 8 May 2019.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252659
	answer	answer is ministerial correction date of answer 15/05/2019 answer text <p>As set out in the Secretary of State’s Direction of 8 May, it has been concluded, on this occasion, that it is reasonable for Government to protect Permitted Subcontractors who suffered losses as they relate to the collapse of Working Links and their Community Rehabilitation Companies. These organisations are directly involved in the delivery of vital frontline probation services.</p><p> </p><p>Further to the Direction, we are now working through a process with the Permitted Subcontractors to understand the extent to which they had monies owed to them by the Working Links’ CRCs at the point of Administration for the delivery of frontline probation services, that can be satisfactorily evidenced and validated. Until this process is completed, it is not possible to accurately answer the Rt Hon Member’s questions.</p><p> </p><p>We have been very clear that this is a unique response to a unique and specific set of circumstances. This should not be viewed as setting a precedent for future scenarios.</p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 252660 252661 252662 question first answered 15/05/2019 16:59:50 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118008 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125769

	registered interest
	date	09/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Working Links
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, what proportion of the creditors who will benefit from the Working Links Ministerial direction made on 8 May 2019 are voluntary organisations.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252660
	answer	answer is ministerial correction date of answer 15/05/2019 answer text <p>As set out in the Secretary of State’s Direction of 8 May, it has been concluded, on this occasion, that it is reasonable for Government to protect Permitted Subcontractors who suffered losses as they relate to the collapse of Working Links and their Community Rehabilitation Companies. These organisations are directly involved in the delivery of vital frontline probation services.</p><p> </p><p>Further to the Direction, we are now working through a process with the Permitted Subcontractors to understand the extent to which they had monies owed to them by the Working Links’ CRCs at the point of Administration for the delivery of frontline probation services, that can be satisfactorily evidenced and validated. Until this process is completed, it is not possible to accurately answer the Rt Hon Member’s questions.</p><p> </p><p>We have been very clear that this is a unique response to a unique and specific set of circumstances. This should not be viewed as setting a precedent for future scenarios.</p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 252659 252661 252662 question first answered 15/05/2019 16:59:50 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118009 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon

1125770

	registered interest
	date	09/05/2019
	answering body	Ministry of Justice
	answering dept id	54
	answering dept short name	Justice
	answering dept sort name	Justice
	hansard heading	Working Links
	house id	1
	legislature	25259 pref label House of Commons
	question text	To ask the Secretary of State for Justice, if he will publish a list of the value of the losses incurred in the collapse of Working Links by creditors who will benefit from the Working Links Ministerial direction made on 8 May 2019.
	tabling member constituency	Leeds East
	tabling member printed	Richard Burgon
	uin	252661
	answer	answer is ministerial correction date of answer 15/05/2019 answer text <p>As set out in the Secretary of State’s Direction of 8 May, it has been concluded, on this occasion, that it is reasonable for Government to protect Permitted Subcontractors who suffered losses as they relate to the collapse of Working Links and their Community Rehabilitation Companies. These organisations are directly involved in the delivery of vital frontline probation services.</p><p> </p><p>Further to the Direction, we are now working through a process with the Permitted Subcontractors to understand the extent to which they had monies owed to them by the Working Links’ CRCs at the point of Administration for the delivery of frontline probation services, that can be satisfactorily evidenced and validated. Until this process is completed, it is not possible to accurately answer the Rt Hon Member’s questions.</p><p> </p><p>We have been very clear that this is a unique response to a unique and specific set of circumstances. This should not be viewed as setting a precedent for future scenarios.</p> answering member constituency South Swindon answering member printed Robert Buckland grouped question UIN 252659 252660 252662 question first answered 15/05/2019 16:59:50 answering member 4106 label Biography information for Sir Robert Buckland previous answer version 118010 answering member constituency South Swindon answering member printed Robert Buckland answering member 4106 label Biography information for Sir Robert Buckland
	tabling member	4493 label Biography information for Richard Burgon