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prison privatisation in south africa issues, challenges and ...

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senior management team was united beh<strong>in</strong>d a vision of provid<strong>in</strong>g high quality correctional<br />

services. The Wolds’ regime was guided by five pr<strong>in</strong>ciples:<br />

The legal presumption of <strong>in</strong>nocence <strong>in</strong> relation to rem<strong>and</strong> <strong>prison</strong>ers meant that only those<br />

restrictions, the imposition of which were essential <strong>in</strong> order to hold rem<strong>and</strong> <strong>prison</strong>ers<br />

securely, were justified.<br />

S<strong>in</strong>ce Wolds’ <strong>prison</strong>ers were presumed to be <strong>in</strong>nocent, <strong>prison</strong>ers should be provided with<br />

an environment which was as normal as possible.<br />

Control grounded <strong>in</strong> constructive relationships between staff <strong>and</strong> <strong>prison</strong>ers was more<br />

efficient <strong>and</strong> effective than control by coercion, a pr<strong>in</strong>ciple which they hoped to achieve<br />

partly through the recruitment of staff who had no previous <strong>prison</strong> experience.<br />

The frustrations of <strong>prison</strong> life should be reduced through the development of adm<strong>in</strong>istrative<br />

procedures, of which both staff <strong>and</strong> <strong>prison</strong>ers need to be aware, which facilitated the<br />

smooth daily runn<strong>in</strong>g of the <strong>prison</strong>.<br />

Wherever possible, the regime provided would exceed the m<strong>in</strong>imum st<strong>and</strong>ards specified <strong>in</strong><br />

the contract below which Group 4 could not operate without <strong>in</strong>curr<strong>in</strong>g f<strong>in</strong>ancial penalties,<br />

particularly <strong>in</strong> relation to areas such as the provision of visits, which was regarded as a key<br />

component <strong>in</strong> reflect<strong>in</strong>g the first four pr<strong>in</strong>ciples.22<br />

The existence of ‘guid<strong>in</strong>g pr<strong>in</strong>ciples’ is an encourag<strong>in</strong>g development <strong>in</strong> the management of<br />

<strong>prison</strong>s. In particular, the specific mention of exceed<strong>in</strong>g the requirements of the contract<br />

<strong>in</strong>dicates that the private sector is committed to provid<strong>in</strong>g quality <strong>and</strong> not simply through cost<br />

cutt<strong>in</strong>g.<br />

Unlike <strong>in</strong> Victoria, the <strong>in</strong>terpretation of the contract was taken as a positive tool <strong>in</strong> the monitor<strong>in</strong>g<br />

of the private <strong>prison</strong>’s operations. Researchers at Wolds commented:<br />

"By provid<strong>in</strong>g an outl<strong>in</strong>e of the regime <strong>in</strong>tended for Wolds, the contract provided<br />

management at Wolds with a clear foundation on which to base their efforts to<br />

achieve their goals, as well as a degree of protection. Because of the contract, it was<br />

argued, it would be more difficult to erode any aspect of the regime at Wolds than at<br />

a non-contract-out <strong>prison</strong>, putt<strong>in</strong>g the management <strong>in</strong> a stronger position to resist<br />

the vagaries of the crim<strong>in</strong>al justice system, such as sudden <strong>in</strong>creases <strong>in</strong> the numbers<br />

of <strong>prison</strong>ers be<strong>in</strong>g rem<strong>and</strong>ed to custody, s<strong>in</strong>ce any changes would require the Home<br />

Office to renegotiate the contract."23<br />

A critical element of the management approach at Wolds was the employment of personnel who<br />

had not previously worked for HMPS. Some may argue this is to avoid the hir<strong>in</strong>g of anyone<br />

previously <strong>in</strong>volved with the public employee’s union, as union antagonisms towards <strong>prison</strong><br />

<strong>privatisation</strong> has been clearly displayed. The rationale offered by Wolds’ management was that<br />

hir<strong>in</strong>g of ‘external’ staff meant that the new approach could be more easily conveyed. One<br />

member of senior management expla<strong>in</strong>ed that their hir<strong>in</strong>g practices were employed <strong>in</strong> an effort<br />

to avoid the, "negative bits of the <strong>prison</strong> service, the negative attitudes of staff to <strong>prison</strong>ers,<br />

negative attitudes of staff to management <strong>and</strong> negative attitudes of management to staff."24<br />

The experience of this first private <strong>prison</strong> <strong>in</strong> the UK was determ<strong>in</strong>ed a success <strong>and</strong> shortly<br />

afterwards several other exist<strong>in</strong>g <strong>prison</strong>s were privatised <strong>and</strong> additional private <strong>prison</strong>s were

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