PR 304: UK GOVERNMENT IS IN BREACH OF PRISON OFFICERS’ RIGHTS SAYS INFLUENTIAL EUROPEAN COMMITTEE

The ban on Prison Officers in England, Wales and Northern Ireland being able to take industrial action is a breach of their human rights, an influential European Committee has found. 

The report from the European Committee on Social Rights comes following relentless campaigning by the POA since the ban came into force following the passage of the 1994 Criminal Justice and Public Order Act which removed “The Right to Strike” for Prison Officers. 

The Blair Labour Government committed to reinstating “The Right to Strike” in England and Wales but failed to follow through on this pledge when in office. Meanwhile, The Scottish Government reinstated the right in 2015 and not a single day has been lost to industrial action since.

The European Committee of Social Rights (ECSR) monitors compliance with the European Social Charter, protecting social and economic human rights in Council of Europe member states. Composed of 15 independent experts, it reviews national reports and decides on collective complaints to ensure national laws adhere to the Charter. The Committee of Social Rights recently published their recommendations and have found the United Kingdom to be in breach of its obligations under the European Social Charter in relation to the rights of Prison Officers’ to take strike action. 

Usually, if a state is found to be in “non-conformity”, the Committee publishes its conclusions or decisions. If no action is taken, the Council of Europe’s Committee of Ministers may issue a recommendation asking the state to change its practices.

Although these ECSR recommendations are non-binding conclusions regarding Charter compliance, they still carry significant weight. 

Commenting on the report Steve Gillan POA General Secretary said: 

“We warmly welcome this Report from a very influential European Committee. The POA currently has a live case based on reinstating a Prison Officer’s basic human right to withdraw our labour before the European Court of Human Rights. I hope that this ECSR recommendation will have a big bearing on our case.

In the meantime, I have written to the Deputy Prime Minister and Justice Secretary, David Lammy, urging him to engage with the POA on this very important matter. The ball is now in his court, he can either enter constructive dialogue with the POA to end this democratic outrage brought in by a Tory Government or he will be forced to defend, in court, legislation that we would normally associate with some of the world’s worst despotic regimes - legislation that deprives loyal, hard working public servants their basic human rights.”

Mark Fairhurst, National Chair of POA added:

“Britain is supposed to be a democracy - that should include industrial democracy and universal human rights. This appalling restriction of basic human rights lets any UK Government legally exploit loyal and brave Prison Officers, who are limited in their ability to protect their pay, terms or conditions. The only avenue open to the POA is through costly and lengthy court action.

The POA campaigned tirelessly to reinstate the right to strike in the recently passed Employment Rights Bill but despite giving commitments on this whilst in opposition the Labour Government rejected amendments that would have seen the right returned to Prison Officers. It is now time for David Lammy to accept the views of this important EU Committee or we will see him in court.” 

Ends

 

NOTES - Please see attached all information on the committees report and the POA response.

 

  

For further information, contact:

POA Press Office                                                  020 8803 0255 Option 7