Consider adding private prison providers

[FOIMonkey]

We list providers in Scotland because FOISA covers:

A person (a)providing services under a contract with the Scottish Ministers for the running of a prison or part of a prison in Scotland; or (b)providing services under a subcontract to a contract of the type specified in (a) above.

https://www.legislation.gov.uk/ssi/2016/139/schedule/2/made

Private providers in rUK are not covered.

We should consider listing them.

The Prison Reform Trust have said:

Currently, private organisations providing public services are not liable to the same requirements to disclose under FOI. Private prisons are providing the same service as state run prisons. The rights to information about the regimes and establishment should be the same. Prisoners in the main have no choice in whether they are held in a private or state run prison and the rights of people held in these prisons should be equivalent.

https://publications.parliament.uk/pa/cm201213/cmselect/cmjust/96/96vw57.htm

[RichardTaylor]

Our policy is to list these

we've considered, and pretty much agreed, a policy of listing bodies if they'd be subject to FOI anywhere in the UK.

https://wdtkwiki.mysociety.org/wiki/Criteria_for_listing_public_bodies

I suspect we'll hit #1320

Note we have a slightly odd listing for

https://www.whatdotheyknow.com/body/hm_prison_kilmarnock

which we'll want to review

Data from 2019

https://www.justice.gov.uk/about/hmps/contracted-out

[RichardTaylor]

Spreadsheet

https://docs.google.com/spreadsheets/d/1vD-nkh4E8SNWlFOsm_edZyQ7TmoLzC_jWKVnK3L0r6Q/edit#gid=0

[RichardTaylor]

https://www.whatdotheyknow.com/body?tag=scottish_prison_contractor

[RichardTaylor]

As the Scottish Private Prisons have their own special FOI email addresses I think we need to keep their separate listings. I propose changing the body names to eg. "Serco Ltd in respect of HMP Kilmarnock"

[mdeuk]

Our policy is to list these

we've considered, and pretty much agreed, a policy of listing bodies if they'd be subject to FOI anywhere in the UK.

https://wdtkwiki.mysociety.org/wiki/Criteria_for_listing_public_bodies

I suspect we'll hit #1320

Note we have a slightly odd listing for

https://www.whatdotheyknow.com/body/hm_prison_kilmarnock

which we'll want to review

That listing is probably accurate - we're listing the correct operator (Serco Ltd is the usual trading entity of the contractor); however, we ought to check if there is any merit in listing the PFI holder - Kilmarnock Prison Services Limited.

We already list the other private prison in Scotland - HMP Addiewell - through its contract operator (Sodexo Justice Services), and the PFI entity (Addiewell Prison Limited). Sodexo is listed with short name HM Prison Addiewell, as this is the entity that would hold the day to day records.

[mdeuk]

Serco:

I like the last bit 😃

[mdeuk]

As the Scottish Private Prisons have their own special FOI email addresses I think we need to keep their separate listings. I propose changing the body names to eg. "Serco Ltd in respect of HMP Kilmarnock"

Agreed - this also makes sense based on the legislative differences, e.g. that there is definite coverage under FoISA and EI(S)R for that entity, whereas others are far from clear as the legislation isn't so coherent.

[HelenWDTK]

Closing as the proposals has been duly considered.