To ask the Secretary of State for the Home Department what action (a) a commissioning authority and (b) a lead investigator should take upon becoming aware of a personal conflict of interest within the investigation being conducted under Prison Service Order 1300; and if he will make a statement. (112890)

Prison Service Order 1300-Investigations sets out mandatory action and guidance for investigations carried out in the Prison Service.

The PSO states

“Investigators must have no significant conflicts of interest with the matter or persons under investigation. Should such conflicts arise within the course of an investigation the matter must be immediately referred to the Commissioning Authority”

(3B.4.4.)

If the conflict of interest relates to the Commissioning Authority, the investigation would be passed to another manager of the same grade or a more senior manager within the operational line. Lead investigators, once they inform the Commissioning Authority of a conflict of interest, would cease their involvement with the case if it is deemed necessary to do so.

To ask the Secretary of State for the Home Department what procedures exist within HM Prison Service to deal with staff who deliberately withhold information from disciplinary investigations; what the responsibilities are of the investigating officers in such circumstances; and if he will make a statement. (112891)

Staff in the public sector Prison Service are required to offer reasonable co-operation during internal disciplinary investigations. Failure to do so or act in any way that undermines the investigation’s process or procedures is a breach of conduct set out in Prison Service Order 8460, Conduct and Discipline.

It is the responsibility of the investigating officer to notify the Commissioning Authority when a member of staff fails to offer reasonable co-operation to an investigation, to determine whether further action is necessary.

To ask the Secretary of State for the Home Department what the current financial position is of HM Prison Service; what the final financial position is expected to be at the end of the 2006-07 financial year; and if he will make a statement. (112892)

Up to the end of November, the Prison Service had spent 64 per cent. of its delegated budget for 2006-07. It is forecasting to fully spend its budget in the year to 31 March 2007.

The Prison Service financial position and outturn is monitored on a monthly basis and reported through National Offender Management Service to AFU within the Home Office.