POA Circulars

98 | 31.07.2017

PERMANENT INJUNCTION

Dear Colleagues

PERMANENT INJUNCTION

As you are aware the Secretary of State Mr David Lidington along with HMPPS obtained a Permanent Injunction against the POA in the High Court before the Honourable Mr Justice Jay.

An Order was produced on the 19th July 2017 (enclosed) along with the approved Judgement (enclosed).

Our legal team has advised on strategy and part of that strategy is to lodge an appeal to the Court of Appeal on a single issue regarding withholding of services.  The National Executive Committee met on Wednesday 26th July 2017, to consider the findings and indeed consider our way forward.

The Executive endorsed the legal strategy from John Hendy QC and have instructed Thompsons to pursue the Appeal via Old Square Chambers.

In constructing the grounds of appeal on a single issue of withholding services at present we do not know when this will be heard by the Court of Appeal.

Further we will also be engaging with our legal team to ascertain whether we have potential legal challenges based on the dire situation of the Prison Service in England and Wales in relation to the health and Safety of our members due to the negligence and failure at HMPPS to protect POA members from a whole raft of issues as identified in recent reports.

An Emergency Motion will also be taken to the TUC which we will promulgate in due course once it has been accepted by the TUC.

An application will also be constructed to the International Labour Organisation Committee of Experts.

In relation to the “Order” I draw the membership’s attention to the Penal Notice handed down by the High Court.  It is imperative that branch officials and members fully understand this and it should be read carefully.  Paragraph 4 may be of particular importance on page 3 of the “Order” as it states:

The Judge granted the following Final Injunction “That the POA whether by any agent or committee, official or officer, including for the ‘avoidance of doubt’ any committee, official, officer or meeting of any local branch or otherwise be restrained from inducing, authorising or supporting any form of industrial action by any Prison Officer …’ and then it sets out the Criteria.

The “Order” also states “It is contempt of Court for any person notified of the order knowingly to assist in or permit a breach of this Order.  Any person doing so may be sent to prison, fined or have his assets seized”.

Please bring this Circular to the attention of the membership.  If there is anything that is not understood contact your NEC Representative for advice.

We will do everything in our power to challenge the Order through the Courts, TUC, political campaigning and through the ILO.

At the same time, we will hold the Government and Employer accountable for the Health and Safety of our members.

Yours sincerely

STEVE GILLAN
General Secretary

 

 

 

 

 

 

 

 

ENCLOSURE

  

POA Circular 98-2017 Permanent Injunction.pdf

pdf, 2.1M, 31/07/17, 70 downloads