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Privatising Public Prisons - Labour Law and the Public Procurement Process (Hardcover)
Loot Price: R2,564
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Privatising Public Prisons - Labour Law and the Public Procurement Process (Hardcover)
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Successive UK governments have pursued ambitious programmes of
private sector competition in public services that they promise
will deliver cheaper, higher quality services, but not at the
expense of public sector workers. The public procurement rules
(most significantly Directive 2004/18/EC) often provide the legal
framework within which the Government must deliver on its promises.
This book goes behind the operation of these rules and explores
their interaction with the Transfer of Undertakings (Protection of
Employment) Regulations 2006 (TUPE); regulations that were intended
to offer workers protection when their employer is restructuring
his business. The practical effectiveness of both sources of
regulation is critiqued from a social protection perspective by
reference to empirical findings from a case study of the
competitive tendering exercise for management of HMP Birmingham
that was held by the National Offender Management Service (NOMS)
between 2009 and 2011. Overall, the book challenges the
Government's portrayal of competition policies as self-evident
sources of improvement for public services. It highlights the
damage that can be caused by competitive processes to social
capital and the organisational, cultural and employment strengths
of public services. Its main conclusions are that prison
privatisation processes are driven by procedure rather than aims
and outcomes and that the complexity of the public procurement
rules, coupled with inadequate commissioning expertise and
organisational planning, can result in the production of contracts
that lack aspiration and are insufficiently focused upon
improvement or social sustainability. In sum, the book casts doubt
upon the desirability and suitability of using competition as a
policy mechanism to improve public services.
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