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Prison officers' strike unlawful, justice minister tells MPs Justice secretary wins injunction to stop prison officers' industrial action
(about 5 hours later)
The prison officers’ union is “set for unlawful strike action” in already volatile jails across England and Wales, the justice minister, Sam Gyimah, has told MPs. The justice secretary, Liz Truss, has won a high court injunction blocking an escalating programme of industrial action by prison officers over pay and conditions in increasingly violent jails across England and Wales.
Prison chiefs are to undertake a review of their contingency plans on Tuesday after the Prison Officers Association confirmed it intends to begin an escalating programme of industrial action on Wednesday. The move halts plans by the Prison Officers’ Association, due to be implemented from Wednesday, to withdraw from “voluntary tasks” such as taking part in Tornado riot teams, control and restraint, suicide assessments and carrying out hostage negotiations.
Prison officers plan to withdraw from voluntary tasks including taking part in Tornado riot control teams, suicide and self-harm assessments, working as a first aider or hostage negotiator, mentoring, overtime and detached duties. The union said its members would respond if lives were at risk. The union insisted refusing to undertake such voluntary roles did not amount to industrial action. The POA is banned from taking industrial action under legislation introduced by the former Conservative home secretary, Michael Howard.
The programme of industrial action follows the rejection by the POA membership of a new pay and conditions package that includes a phased withdrawal from overtime and additional duties from April leading to a ban from July. A high court judge, Mr Justice Leggatt, granted a last-minute application from the Ministry of Justice to ban the union action. “It seems to me that the evidence indicates the proposed action constitutes industrial action,” he said.
During a Commons urgent question, the justice minister said the POA’s industrial action “will seriously disrupt normal operations in prisons” and put at risk the safety of prisoners and prison staff. Prison officers had planned to withdraw from voluntary tasks but the union said its members would respond if lives were at risk.
He disputed that duties such as assessing suicide risk were voluntary tasks telling MPs they were essential to the running of a prison. Gyimah previously indicated that “extensive contingency plans” were in place. The proposed programme of industrial action followed the rejection by the POA membership of a new pay and conditions package, which includes a phased withdrawal from overtime and additional duties from April, leading to a ban from July.
The shadow justice secretary, Richard Burgon, said the situation could have been easily avoided by talking to the POA before imposing the divisive pay package. “He says he has the POA chairman on speed dial. He may be calling but he is not communicating,” he said. During a Commons urgent question on Tuesday the justice minister, Sam Gyimah, said the POA’s industrial action “will seriously disrupt normal operations in prisons” and put at risk the safety of prisoners and prison staff.
The POA brought prisons to a halt across England and Wales in November when it held disruptive meetings outside jails over prison safety concerns. This was halted when the ministry of justice secured a high court injunction against the union. Industrial action by prison officers is illegal. He disputed that duties such as assessing suicide risk were voluntary tasks, telling MPs they were essential to the running of a prison.
“The POA condemns the systematic failure of Noms [national offender management service] to provide safe, decent and secure prisons, failures which have created a prison service in crisis,” according to an internal union briefing paper sent to POA branches on Monday. Gyimah previously indicated that “extensive contingency plans” were in place. The shadow justice secretary, Richard Burgon, said the situation could have been easily avoided by talking to the POA before imposing the divisive pay package. “He says he has the POA chairman on speed dial. He may be calling but he is not communicating,” he said.
“More and more members are being assaulted every day, the increase in self-inflicted deaths and daily security breaches are unacceptable and as a result of staff shortfalls and budget cuts.” The POA brought prisons to a halt across England and Wales in November when it held disruptive meetings outside jails over prison safety concerns.
The POA circular said the list of voluntary tasks members would withdraw from on Wednesday was not exhaustive “but should be used to demonstrate to members that if they continue to volunteer for work that is not profiled and work for nothing Noms will continue to ignore the real issues of staff safety, pay and conditions”. This was stopped when the MoJ secured a high court injunction against the union. Industrial action by prison officers is illegal.
Gyimah told the Commons justice select committee on Tuesday that the Ministry of Justice (MoJ) had imposed additional annual allowances of £3,000-£5,000 for staff at 31 prisons facing particular staff recruitment and retention difficulties. Payments are also being made to a further 2,000 prison officers who undertake extra roles in Tornado riot teams, safety and mentoring roles. “The POA condemns the systematic failure of Noms [National Offender Management Service] to provide safe, decent and secure prisons, failures which have created a prison service in crisis,” according to an internal union briefing paper sent to POA branches on Monday.
The union’s national chair, Mike Rolfe, and general secretary, Steve Gillan, have said the latest pay increase has not been welcomed by their members in the 31 prisons because they see it as divisive. “More and more members are being assaulted every day, the increase in self-inflicted deaths and daily security breaches are unacceptable and [are] as a result of staff shortfalls and budget cuts.”
“This offer has also incensed members across the prison estate, who recognise that they will again not receive a fair cost of living pay rise as Noms through the pay review body concede to the government’s pay cap of 1%,” they said. The POA circular said the list of voluntary tasks from which members would withdraw was not exhaustive, “but should be used to demonstrate to members that if they continue to volunteer for work that is not profiled and work for nothing Noms will continue to ignore the real issues of staff safety, pay and conditions”.
An MoJ spokesman said a “good offer” had been made to the union in December that had been endorsed by its national executive but rejected in a ballot of the membership. Gyimah told the Commons justice select committee on Tuesday that the MoJ had granted additional annual allowances of £3,000-£5,000 for staff at 31 prisons facing particular staff recruitment and retention difficulties.
“We are working hard to retain the invaluable experience within our workforce and want to recognise the expertise and dedication of prison staff,” he said. Payments are also being made to a further 2,000 prison officers who undertake extra roles in Tornado riot teams, safety and mentoring roles.
The union’s national chair, Mike Rolfe, and general secretary, Steve Gillan, said the latest pay increase has not been welcomed by their members in the 31 prisons because they see it as divisive.
They also disputed that the 31 selected prisons all faced recruitment and retention problems. “This offer has also incensed members across the prison estate, who recognise that they will again not receive a fair cost-of-living pay rise as Noms through the pay review body concede to the government’s pay cap of 1%,” they said.
An MoJ spokesman said a “good offer” had been made to the union in December, which had been endorsed by its national executive but rejected in a ballot of the membership. “We are working hard to retain the invaluable experience within our workforce and want to recognise the expertise and dedication of prison staff,” he said.