Effect given to the recommendations of the committee and the Governing Body - Report No 364, June 2012

Case No 2383 (United Kingdom of Great Britain and Northern Ireland) - Complaint date: 20-AUG-04 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 69. The Committee last examined this case at its March 2011 meeting [see 359th Report, approved by the Governing Body at its 310th Session, paras 159–185]. On that occasion, the Committee noted with regret that little progress had been made with respect to its recommendation to improve the current mechanisms for the determination of prison officers’ pay in England, Wales and Northern Ireland and on the establishment of appropriate mechanisms to compensate private custody officers in private sector companies for the limitation of the right to strike and once again requested the Government to vigorously pursue its efforts in this respect.
2. 70. In its communications dated 15 November 2011 and 29 February 2012, the Government indicates that it has been working hard to ensure that adequate compensatory mechanisms are offered to prison officers in the public sector prison service. The Government assures that the National Offender Management System (NOMS) takes the issues lying behind the Committee on Freedom of Association report very seriously. The Government informs that since the last examination of this case, it has agreed on a new national disputes procedure with the Prison Officers’ Association (POA), implemented from March 2011, which is running successfully alongside the local disputes procedure that was already in place. This disputes agreement provides access to binding arbitration where there is a failure to agree on proposed national changes to terms and conditions with regard to leave, ill health, grievances and disciplinary procedures or working arrangements (excluding pay, as that is for the Prison Service Pay Review Body (PSPRB) to determine), which the Government considers an effective compensatory mechanism. Regarding other compensatory measures for officers in the public sector, the Government continues to work on ensuring that they are appropriate and operating well and with the confidence of all parties. Any changes invariably necessitate consultations across government departments and other stakeholders, which are currently ongoing.
3. 71. The Government further indicates that NOMS and the POA have been involved in extensive and constructive negotiations on a package of wide-ranging workforce reform in prisons. Those negotiations were successful and resulted in the POA formally endorsing the proposals; the POA membership voted in favour of the reforms with a majority vote of more than 80 per cent. NOMS is extremely pleased with the progress made in fostering a positive relationship with the POA in recent months and hopes to continue working in partnership with the POA and all the NOMS trade unions.
4. 72. The Government further informs that it is pursuing meetings with the three private contractors who currently manage prisons in the United Kingdom, with a view to analysing the existing compensatory mechanism for prison officers in the private sector and to consider whether any further changes are necessary.
5. 73. Furthermore, under the second phase of the programme for offender custodial services and works and future prison competitions, a competition to run nine prisons is to be put out to tender. The relevant Official Journal of the European Union (OJEU) contract notice was issued on 21 October 2011. The OJEU highlighted that the issue of compensatory mechanisms for prison custody officers in respect of limitations on their ability to strike would be addressed through the competitive process.
6. 74. In addition, full and genuine consideration is also being given to other recommendations of the Committee. This includes the consideration of changes aiming to ensure that all parties have faith in the independence of the PSPRB. The Government concludes by stating that NOMS considers the Committee’s recommendations as being of the highest priority and that it will continue its work to address all legitimate concerns.
7. 75. The Committee notes the information provided by the Government with satisfaction. Observing that it has been dealing with this case since 2005 and has been requesting the Government to initiate consultations with the complainant and the prison service with a view to achieving a satisfactory solution to the need to provide for an appropriate mechanism to compensate for the strike prohibition, the Committee wishes to recognize the efforts made by all the parties concerned and commends the Government’s desire to address the issues raised in this case. It encourages the Government to maintain full, frank and meaningful consultations with all interested parties in the future.