Effect given to the recommendations of the committee and the Governing Body - REPORT_NO338, November 2005

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

1. 314. The Committee examined this case at its March 2005 meeting [see 336th Report, approved by the Governing Body at its 292nd Session, paras. 722-777] and reached the following recommendations on which it requested to be informed of developments:
   • (a) Noting that the prison service is an essential service in the strict sense of the term where the right to strike can be restricted or even prohibited, the Committee requests the Government to take the necessary measures so as to establish appropriate mechanisms in respect of prisoner custody officers in private sector companies to which certain of the functions of the prison have been contracted out so as to compensate them for the limitation of their right to strike.
   • (b) The Committee requests the Government to initiate consultations with the complainant and the prison service with a view to improving the current mechanism for the determination of prison officers’ pay in England, Wales and Northern Ireland. In particular, the Committee requests the Government to continue to ensure that:
   • (i) the awards of the Prison Service Pay Review Body are binding on the parties and may be departed from only in exceptional circumstances; and
   • (ii) the members of the Prison Service Pay Review Body are independent and impartial, are appointed on the basis of specific guidance or criteria and have the confidence of all parties concerned.
2. 315. In a communication dated 19 August 2005, the Government welcomed the Committee’s recognition that the prison service is an essential service where the right to strike can be restricted or even prohibited. So far as compensatory guarantees for employees of private sector companies providing prison services were concerned, the Government was in consultation with private contractors on this issue and would keep the Committee informed of developments.
3. 316. The Government added that it had instructed the Director-General of HM Prison Service together with officials at HM Treasury and the Office of Manpower Economics to consult with the Prison Officers’ Association with a view to improving the current mechanism for the determination of prison officers’ pay in England, Wales and Northern Ireland on the understanding that: (i) while the recommendations of the Pay Review Body could not be binding, they would only be departed from in exceptional circumstances, one of which would be on the grounds of affordability (this reflected current practice). Recommended awards were very rarely abated and the existing administration had never taken such action. (ii) The independence of the Pay Review Body was achieved by: (a) all appointments of members being subject to scrutiny by the Commissioner for Public Appointments, an official accountable directly to Parliament; (b) the Director of the Office of Manpower Economics being a member of the selection panel, whose approval of the selection criteria brought further independent scrutiny to the process; (c) all vacancies being publicly advertised and therefore open to a cross-section of applicants from all aspects of society; and (d) selection being by way of a panel whose recommendations for appointment must be approved by the Home Secretary, the Chief Secretary of the Treasury and the Prime Minister. The Government would seek to enhance this selection process by proposing that: (i) the criteria for appointment to the Pay Review Body include the range of experience, skills and competencies required of candidates; and (ii) prior to any vacancy being advertised, both the criteria and the advertisement for the vacancy be subject to consultation with the trade unions representing workers within the scope of the Pay Review Body.
4. 317. With regard to the establishment of appropriate mechanisms in respect of prisoner custody officers in private sector companies to which certain of the functions of the prison have been contracted out, so as to compensate them for the limitation of their right to strike, the Committee notes that the Government is in consultation with private contractors on this issue. The Committee requests to be kept informed of developments in this respect.
5. 318. With regard to the issue of engaging in consultations with a view to improving the current mechanism for the determination of prison officers’ pay in England, Wales and Northern Ireland, the Committee notes that the Government has instructed the Director-General of HM Prison Service together with officials at HM Treasury and the Office of Manpower Economics to consult with the Prison Officers’ Association with a view to improving the current mechanism in particular, by proposing that: (i) the criteria for appointment to the Pay Review Body include the range of experience, skills and competencies required of candidates; and (ii) prior to any vacancy being advertised, both the criteria and the advertisement for the vacancy be subject to consultation with the trade unions representing workers within the scope of the Pay Review Body. The Committee requests to be kept informed of the progress of the consultations.