Source · Select Committees · Justice Committee
Recommendation 9
9
Deferred
Set out clear plan to address £1.8bn prison maintenance backlog with detailed funding breakdown.
Recommendation
The Government must clearly set out how it intends to address the £1.8bn maintenance backlog using the funding set out by its Prison Capacity Strategy and Infrastructure Strategy. In response to this report, we expect the Government to update the Committee on the work completed to date and provide a clear breakdown of how future funding will be used. This should include how much of the allocated funding through the Infrastructure Strategy is ring-fenced for prisons maintenance, what it plans to use this funding for, and how the Government intends to address the remaining shortfall in the maintenance backlog. (Recommendation, Paragraph 49)
Government Response Summary
The government's response focuses on HMPPS's contract management practices, the new Procurement Act 2023, and initiatives to simplify procurement and engage SMEs and VCSEs, thus deflecting from the recommendation to detail how it will address the £1.8bn prison maintenance backlog.
Government Response
Deferred
HM Government
Deferred
38. HMPPS national contracts are managed by dedicated operational contract management teams who ensure that suppliers deliver against required standards and apply contractual levers where performance falls short. These teams oversee contracts for education and community rehabilitation services, as well as operational contracts for essential services such as food. MoJ Property provide operational and contract management of the central Facilities Management contracts. Only a small number of contracts are managed locally where local commissioning has taken place to meet a specific need. 39. Commercial Contract Management is undertaken by qualified, accredited professional teams that manage procurement activity in line with prevailing regulations under the Procurement Act 2023 (PA23), which simplifies the MoJ’s procurement processes. It replaces four sets of procurement regulations, which were derived from EU directives, and provides for fewer and more flexible procurement procedures. These will allow the MoJ to better tailor its procurements to get the contracts that it needs within the timeframes that it needs. 40. To the same end, the MoJ is introducing a new ‘self-service’ procurement process for low value requirements, which will enable Governors and Probation Leaders to source routine goods and services more quickly and with less administrative burden. 41. Commercial and operational contract management teams work together to provide Governors with clear escalation routes, resolve disputes, ensure providers deliver against contractual obligations, and enable effective local delivery. 42. The Government is committed to fostering an inclusive procurement environment that recognises Small and Medium-sized Enterprises (SMEs) and Voluntary, Community and Social Enterprises (VCSEs) as essential partners. We have introduced resources to strengthen engagement with organisations in these sectors, providing practical guidance to help them navigate procurement processes. PA23 regulations provide MoJ with greater flexibility to engage these organisations, and our SME and VCSE Action Plan (2025–2028), will set clear objectives to simplify procurement, improve access to opportunities, and maintain strong levels of direct spend with SMEs and VCSEs. 43. To make procurement more accessible, we have published a jargon-free guide6 aligned with the PA23 principles, promoting transparency and inclusivity. We also work closely with the voluntary sector through strategic partnerships and forums, including collaboration with organisations such as the Third Sector Strategic Partnership Board and Clinks, ensuring third sector voices help shape policy and deliver meaningful change. 6 Supplying the Ministry of Justice