Table of Contents
Preface v
List of Figures and Tables ix
Abbreviations xi
1 Setting the Scene 1
A Aims, Scope and Structure 1
B 'Market Triumphalism' in Prisons and Beyond 3
C Social Impact and Sustainability 8
D Social 'Players' in Prisons 10
F Public Procurement and TUPE 14
E Empirical Context: HMP Birmingham 25
2 Methodology 31
A Empirical Research Aims and Philosophy 31
B Research Process: An Exploratory Case Study 35
1 Case Study Selection 35
2 Formal Research Access and Ethics 37
3 Approach to Data Collection 38
4 Entry into the Field and Data Collection 40
5 PIMP Birmingham as a Single Case Study 46
C The Research Experience 47
1 Identity Management 48
2 Trust and Cooperation 50
3 Prison Keys and 'Going Native' 52
D Data Analysis 56
3 The Promises and Fictions of Competition in Public Services 59
A The Promises of Competition in Public Services 59
B The Fictitious Divide Between Market and Society 61
1 A Case Study of Competition in British Prisons 62
2 The 'Free' Market Misnomer: Reclaiming the Debate 74
4 Social Values, Identities and Sustainability of Competition in Public Service Markets 78
A The Antisocial Impacts of Competition in Public Services 78
1 Reshaping Governance and Public Values in Public Service Delivery 80
2 Reshaping Individual and Collective Employment Rights and Obligations 83
3 The Organisational, Cultural and Performance Impacts of Competition 88
B Competition and the Macro-Social Condition 96
C Social Sustainability: A Counter-Narrative 99
5 The Public Procurement Rules: Creating a Socially Sustainable Regulatory Framework for Public Service Competition? 106
A Development of Public Procurement Regulation 107
B Public Procurement Regulation in England and Wales 115
1 Scope 116
2 Substance 118
C What is the Position of Non-Economic Interests and Values Within the Public Procurement Rules? 119
1 Pursuing Non-Economic Interests Within the Public Procurement Regulations 121
2 Pursuing Non-Economic Interests Within the TFEU 135
D How is this Balance Reflected in Domestic Policy? 136
6 Competition in Action: Social Sustainability and Public Procurement 142
A Two Overarching Empirical Themes 143
B Social Protection in Birmingham's Procurement Process and Documentation 145
1 Competition Design 145
2 Competition Delivery 155
C Staff Experiences of Competition 166
7 Competition in Action: Social Sustainability and TUPE 177
A TUPE During the Procurement Process 177
B TUPE After the Award Decision 182
C TUPE and the Public Procurement Rules: Uneasy Bedfellows? 190
8 Reintegrating the Market in Society: Conclusions and Principles for More Socially Sustainable Public Procurement Exercises 194
A A Socio-Legal Critique of Public Procurement 194
1 The Mismatch Between Competition in Theory and Practice 194
2 Regulatory impediments to Social Sustainability 204
3 Institutional Impediments to Social Sustainability 208
B Reintegrating Market and Society: Principles for Reform 210
1 Competition is not a Panacea Solution 212
2 Labour as a Social Institution 214
3 Integrate TUPE and the Public Procurement Rules 220
C Conclusions 225
Figures and Tables 227
Index 237
