The National Chairman

ISSUE 50, 6th May 2009

THREAT OF LEGAL ACTION

Dear Colleagues

THREAT OF LEGAL ACTION

The Prison Service has issued two letters before action in an attempt to threaten this Union with the Courts rather than engage in constructive dialogue. Robin Wilkinson wrote on behalf of the Service demanding that we confirm whether we are going on strike before Annual Conference and to point out the requirements of TULCRA and Section 127.

We have responded to both letters. Isn’t it extraordinary that those in authority point out the requirements of TULCRA but will not give us back our Trade Union Rights so that we would be bound by these requirements?

At 16.53 hours on Friday, 1st May we received the second letter before action complaining that our first response lacked seriousness, obviously we disagreed with his assertions. However, the timing of this letter sums up the attitude to industrial relations by our employer who appear.

We will not respond to rumour or innuendo, we have better things to do, obviously, the management of the Service do and have nothing better to do with their time.

It is no wonder that the Service is under threat of Market Testing and Privatisation if the management act in such a manner.

I think the management should reflect on what the Judge said at our last Court appearance and get their tackle in order, rather than threatening to use the Courts against this Union. All too often, it appears that the management of the Service and NOMS are trying to antagonise the Union and its members into action, just to justify their inability to manage. I have to ask when the Ministry of Justice and Government will realise where the problems really lie.

The Carter report outlined what was required to put the Service on a firm footing and although I don’t agree with all the recommendations some of them do have merits.

It was possible for modernisation to work but not when one side had already determined what they wanted and were not prepared to change or even listen to other interested parties. Even the Governors thought the offer was not acceptable.

Market Testing and Privatisation are not the answer to the rising prison population, just like driving down the pay of POA members is not the answer to the economical climate. Unfortunately, these appear to be the only solutions those in authority can manage to think of. We must ask who is the driving force behind Market Testing, is it NOMS? Or is it Government? I believe it is NOMS because the Government only respond to the direction of NOMS. Therefore, it is down to this union and its membership to affect change and the only way we will do this is by campaigning, raising our profile and standing together as one.

You have to deal with the real problems in our prisons everyday and no one is giving you the credit you deserve. We are the most successful Public Service, but the easiest target for Government to attack. It is about time that the management stood side by side with workers and said enough is enough; we can not stand aside and allow those in authority to play with your safety.

We are due to meet Jack Straw this week and I will update you with further information in due course.

Next week we hold our 70th Annual Conference and it is without doubt the most important in our history and one that needs to outline a clear direction for the union and the membership to follow as we face up to the challenges ahead.

Colin Moses
National Chairman

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