| Description |
1 online resource |
| Physical Medium |
polychrome |
| Description |
text file |
| Bibliography |
Includes bibliographical references and index. |
| Summary |
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. |
| Contents |
Cover; Half-title; Title; Copyright; Preface; Contents; List of Figures and Tables; Abbreviations; 1. Setting the Scene; A. Aims, Scope and Structure; B. 'Market Triumphalism' in Prisons and Beyond; C. Social Impact and Sustainability; D. Social 'Players' in Prisons; E. Public Procurement and TUPE; F. Empirical Context: HMP Birmingham; 2. Methodology; A. Empirical Research Aims and Philosophy; B. Research Process: An Exploratory Case Study; 1. Case Study Selection; 2. Formal Research Access and Ethics; 3. Approach to Data Collection; 4. Entry into the Field and Data Collection. |
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5. HMP Birmingham as a Single Case StudyC. The Research Experience; 1. Identity Management; 2. Trust and Cooperation; 3. Prison Keys and 'Going Native'; D. Data Analysis; 3. The Promises and Fictions of Competition in Public Services; A. The Promises of Competition in Public Services; B. The Fictitious Divide Between Market and Society; 1. A Case Study of Competition in British Prisons; 2. The 'Free' Market Misnomer: Reclaiming the Debate; 4. Social Values, Identities and Sustainability of Competition in Public Service Markets; A. The Antisocial Impacts of Competition in Public Services. |
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1. Reshaping Governance and Public Values in Public Service Delivery2. Reshaping Individual and Collective Employment Rights and Obligations; 3. The Organisational, Cultural and Performance Impacts of Competition; B. Competition and the Macro-Social Condition; C. Social Sustainability: A Counter-Narrative; 5. The Public Procurement Rules: Creating a Socially Sustainable Regulatory Framework for Public Service Competition?; A. Development of Public Procurement Regulation; B. Public Procurement Regulation in England and Wales; 1. Scope; 2. Substance. |
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C. What is the Position of Non-Economic Interests and Values Within the Public Procurement Rules?1. Pursuing Non-Economic Interests Within the Public Procurement Regulations; 2. Pursuing Non-Economic Interests Within the TFEU; D. How is this Balance Reflected in Domestic Policy?; 6. Competition in Action: Social Sustainability and Public Procurement; A. Two Overarching Empirical Themes; B. Social Protection in Birmingham's Procurement Process and Documentation; 1. Competition Design; 2. Competition Delivery; C. Staff Experiences of Competition. |
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7. Competition in Action: Social Sustainability and TUPEA. TUPE During the Procurement Process; B. TUPE After the Award Decision; C. TUPE and the Public Procurement Rules: Uneasy Bedfellows?; 8. Reintegrating the Market in Society: Conclusions and Principles for More Socially Sustainable Public Procurement Exercises; A.A Socio-Legal Critique of Public Procurement; 1. The Mismatch Between Competition in Theory and Practice; 2. Regulatory Impediments to Social Sustainability; 3. Institutional Impediments to Social Sustainability; B. Reintegrating Market and Society: Principles for Reform. |
| Local Note |
eBooks on EBSCOhost EBSCO eBook Subscription Academic Collection - North America |
| Subject |
Corrections -- Contracting out -- Great Britain.
|
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Corrections -- Contracting out. |
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Great Britain. |
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Prisons -- Great Britain.
|
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Prisons. |
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Privatization -- Great Britain.
|
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Privatization. |
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Government purchasing -- Great Britain.
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Government purchasing. |
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Labor laws and legislation -- Great Britain.
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Labor laws and legislation. |
| Genre/Form |
Electronic books.
|
| Other Form: |
Print version: Ludlow, Amy. Privatising Public Prisons, : Labour Law and the Public Procurement Process. London : Bloomsbury Publishing, ©2015 9781849466547 |
| ISBN |
9781782255925 (electronic book) |
|
1782255923 (electronic book) |
|
9781782255932 |
|
1782255931 |
|
9781849466547 |
|
9781474200950 (online) |
|
1474200958 |
|
1849466548 |
|
9781849466547 |
|
