Criminal Justice and Immigration Bill

My Lords, I very much appreciate what has just been said and the fine manner in which the noble Lord’s fine speech ended by concentrating on the prison population. I declare three interests. The first is that more than 20 years ago I was proud to be the parliamentary consultant to the Prison Officers’ Association. The second is that I had the great honour last year to be made a life member of that organisation, to add to a life membership of my own trade union, the National Association of Co-operative Officials. The third is to reveal that one of my proud possessions is a slate from the roof of Strangeways prison, Manchester, inscribed with the words, ““To Lord Graham of Edmonton, a true friend of the POA””. I am very proud of that; it signifies the work I have done for the association. The House will appreciate that, having declared those three interests in this matter, I have what is called ““form””. I do not resile from revealing that to the House. Society rightly incarcerates those found guilty of crimes, some of a heinous nature, to spend time locked up away from the outside world. Many of them, men and women, seek to serve their time without aggravation or violence. Sadly, there are others who continue behind bars their lifestyle of violent behaviour. Who faces them 24 hours a day, dealing with their hatred, their violence and their terror? With respect, it is not the judges, the juries, the police, the public, the media or the man in the street; it is the dedicated men and women who serve within our prisons—and who also serve a sentence themselves because they are locked inside as well. Prison officers deserve our gratitude for facing as humanely as possible those whom society puts behind bars. They are entitled to our support and do not deserve to be denied justice and equity, especially by a Labour Government. I appreciate what the noble Lord, Lord Stoddart, said on that point. The crux of my argument today lies in the issues that on 9 January in another place formed what was then called new Clause 36 but now forms Clauses 189 and 190. Clause 189(1) says: "““‘industrial action’ includes the withholding of services as a prison officer and any other action likely to affect the normal working of a prison””." The words ““the normal working of a prison”” are the kernel of the dispute. They have caused deep resentment, anger and dismay. This is in the aftermath of Section 127 of the Criminal Justice and Public Order Act. The POA believed that statements made by the then leader of the Labour Party, Tony Blair, met its aspirations when he said: "““'An incoming Labour Government will want to put this situation right and ensure once again that prison officers are treated in the same way and with the same working rights as other public servants and recognise the status of the Prison Officers’ Association as an independent trade union””." There is great significance in the words that have been used. I was delighted and grateful when I read Hansard of another place to see that the Minister for Justice recognised that—and I was just as grateful for the words the Minister sitting in front of me used when raising this issue—when he said: "““In the hope of being helpful, while I cannot give an undertaking now as to the terms I am certainly ready to sit down and consider ways in which that provision can be tightened, with a view to bringing forward amendments in the other place””." That is where we are today; we are in the other place. I do not want to spoil the situation, but I am very hopeful. To what was the Minister for Justice referring when he made that statement, and what is the possible way out of the impasse? The Minister here today can be in no doubt that there is deep disquiet bordering on anger at the treatment the POA believes it has received in recent times. Consultation and agreement on the precise words, matched by an agreed alternative, can lift the atmosphere of suspicion of deception. That atmosphere can be dispelled by using words with new meanings. The Minister knows, as do I, that this is an ongoing situation and it is not too late. The Minister for Justice said, in replying to the honourable Member for Morecambe: "““prison officers … are dedicated staff … they are not losing the right to strike—the POA voluntarily signed up to legally binding undertakings not to take industrial action; it accepted the case that I am now making. It did not have to sign up to it; it did sign up to it””.—[Official Report, Commons, 9/1/08; col. 332.]" So the question is: why did the POA sign up to it? Because it thought it had a deal, a quid pro quo, whereby it inherited better, more equitable pay negotiation procedures. What has happened since? The Minister for Justice justifies breaking his agreement on pay by saying that there were ““exceptional economic circumstances””. Thus the arbitrary power to scupper an agreement is seen by the POA as a reneging on that agreement. The situation does not affect only the POA but has seeped into all public sector trade unions. In a letter dated 14 January, Brendan Barber, the general secretary of the TUC, tells me that the TUC expresses, "““strong support for full trade union rights for POA members””." The most significant paragraph in his letter reads as follows: "““Neither the POA nor the TUC view the prospect of industrial action in this essential service lightly, and the POA is fully prepared to commit to binding arbitration processes to resolve disputes without the need for industrial action. In turn, however, the Government and the Prison Service need to commit to return full trade union rights to the POA as held by other public sector unions rather than thinking that an arbitrary legal restriction on trade union rights is the solution to industrial relations tensions in this vital service””." A new beginning is badly needed. That may come through the report by Ed Sweeney of ACAS, which proposes, as in similar public sector services, the establishment of minimum cover arrangements instead of a statutory ban. Those proposals ought to be discussed at meetings on 24 January. They should not be jeopardised or put at risk, and no words of mine seek to exacerbate the situation. The offending words to which I have referred could, and should, be substantially changed. I urge the Minister to draw back from making industrial relations in the Prison Service worse than they are. In my view, the ball is in the Government’s court.