The battle by the prison service to keep contracts secret
The prison service has lost a three year battle to keep secret details on the contracts between private companies and
prisons to employ inmates.
The Information Commissioner has ruled that the National Offender Management Service (NOMS) was wrong to withhold
the information despite requests from companies that releasing it would put them at risk and affect their ability to take
advantage of low wages.
The commissioner also criticises the length of time NOMS took to handle its initial review. It should have taken 40 days at
most but NOMS took 250. It is only the latest criticism of the department which has been repeatedly chastised for failing
to meet freedom of information obligations.
In 2006 we asked NOMS for information on what private companies had contracts with prisons where prisoners had to do
work, the nature of the contract and its value. NOMS refused to disclose information about all prisons on grounds of cost
so each journalist chose eight prisons to keep it within budget limits.
The information was partially released but an unknown number of contracts with HMP Cardiff were withheld on grounds
of commercial confidentiality.
The companies told the Information Commissioner that the low labour costs were vital to their profitability and helped
them remain competitive.
However the commissioner rejected their arguments.
Reference was also made to “serious threats and activities” by groups opposed to prison labour. However the
Commissioner found this amounted to no more than leafleting and some press articles.
The commissioner also found no evidence to back up any of the arguments made by the prison service to justify keeping
information about contracts with a publicly-funed body secret.
NOMS was given month to either comply with the decision and release the information or appeal. It decided to release
the information.
See also:
Working on the chain gang…..
Information Commissioner decision notices upholding appeal against refusal to release data on prison labour can be
found here and here.