1.1 Although the Prison Service had no contractual rights to share in the benefits of the refinancing, the lenders to FPSL considered it prudent for Prison Service consent to be obtained as the refinancing proposals would create additional liabilities for the Service. The Service decided that it should be compensated for agreeing to accept these additional liabilities and negotiated an upfront payment from FPSL of £1 million. This sum was consistent with the Service's estimate of the extra financial risk it was taking on.