Source · Select Committees · Public Accounts Committee

Recommendation 9

9 Acknowledged

MoJ failed to negotiate stronger HMP Dartmoor lease exit clauses despite radon knowledge.

Conclusion
Given their knowledge that radon had previously been detected at the site, we asked MoJ and HMPPS why they had not negotiated an earlier exit term, or provisions to change the terms if radon levels were to increase so that the prison became partially or wholly unusable. MoJ stated that HMPPS had negotiated a shorter break clause compared with the previous lease and that the rent is only marginally more than it was previously. It argued that these terms seemed reasonable and good value for money at the time, but acknowledged that with hindsight it may have acted differently.18 Plans for bringing the site back into use
Government Response Summary
The government acknowledges it would have been beneficial to have a comprehensive understanding of radon presence before making a decision on the lease. HMPPS has improved radon policies, procedures, and training and are embedding learning from Dartmoor into future decision-making.
Government Response Acknowledged
HM Government Acknowledged
1.3 It is accepted that it would have been beneficial for commercial decision makers to have had a comprehensive understanding of the presence of radon at the site and the scale of mitigations required to manage it, prior to entering into negotiations and making a decision on the lease. 1.4 HMPPS has significantly improved and implemented updated radon policies and procedures, and training for employees, to ensure the effective management of radon. This has increased clarity on roles and responsibilities, improved communication and engagement across the business and improved mechanisms for the reporting and sharing of information. 1.5 HMPPS are also embedding learning from Dartmoor into future decision-making, to ensure that any future contracts deliver value for money. Generally, estates projects are delivered as part of the MoJ’s capital maintenance programme. A number of factors are considered to ensure value for money and determine the optimal delivery route, including but not limited to urgency, cost, complexity and nature of the requirement.