Scottish prison officers to regain strike action power

Prison officers in Scotland will now be allowed to organise strike action after Justice Secretary Michael Matheson announced the rule prohibiting it will be abolished.

Mr Matheson made the announcement at the Prison Officers Association Scotland (POA) annual conference.

Currently the law inhibits anyone authorising, inducing or supporting any form of industrial action by prison officers.

Welcoming the news, Union POA (Scotland) expressed “delight” at the “historic” announcement to “reinstate full workers right” to prison officers in Scotland.

Legislation that came into force in 1994 made it illegal to organise industrial action and permitted the Home Secretary to pursue the union in the civil courts.

This provision of the Criminal Justice & Public Order Act 1994 applied to all UK jurisdictions.

In 1997 the Labour administration made the prohibition of industrial action conditional on a “voluntary agreement” basis as opposed to a statutory footing.

In 2005, the act was disapplied for prison officers in the UK employed by the state.

But the constraints could still be invoked against Scottish prison officers via the Voluntary Industrial Relations Agreement.

Those constraints will now be removed.

Phil Fairlie, the POA Scottish national chairman, said: “This is fantastic news for our members and a historic day for this union.

“The agreement to remove this draconian clause forced upon us by Tory and Labour Governments alike is a testimony to the mature industrial relations that have developed over the years as a result of our partnership agreement with the Scottish Prison Service (SPS).

“The step taken today by the justice secretary will not alter the strong positive relationship with the SPS that has been established, but will serve to strengthen the bond of trust that has evolved through collaborative working and the shared commitment to the success of the SPS in delivering a safe and secure Scotland.”

He added: “It also comes at a time when the Tory government in Westminster seem hell bent on destroying the trade union movement, instead of recognising the real value they bring and the importance of positive relationships between employers and the workforce.

“It is to the great credit of both the justice secretary, and the chief executive of the SPS that from day one, their attitude to this step has been extremely supportive and positive, and sends a very clear signal to our membership that we are to be given equality and fairness with other workers for the first time in a very long time.”

Mr Matheson, said: “This announcement is an important step forward and recognises the right of prison officers to be treated fairly and as equitably as other unions and workers in Scotland.

“It comes as a result of discussions between the trade union, SPS and the government and is testimony to the trust and relationships built up between these organisations over time.”