Posted by Alex Miller
Prison workers defy order to end strike
James Sturcke and agencies
Wednesday August 29, 2007
Guardian Unlimited
Defiant prison workers today rejected a high court ruling to return to work, pledging to stay on strike until tomorrow morning.
The surprise industrial action, planned to last for 24 hours, began at 7am. The Ministry of Justice later won a high court injunction to force strikers back to work.
Shop steward Steve Baines told striking workers outside Liverpool prison: "I've spoken to Steve Gough, the national vice-chair [of the Prison Officers' Association], and he expressed the view to us: 'Tell them to shove it up their arse, we're sitting it out.'"
Mr Gough later added to the confusion when he refused to confirm his comments to Mr Baines and told BBC News 24 that no advice had yet been issued to union members.
"The NEC [national executive committee] is in session," he said. "As soon as they decide what to do, they will instruct members."
Prison officers manning picket lines said they understood the strike would continue until 7am tomorrow, although in Bristol POA members decided to return to work after the prison governor gave them a copy of the court order.
"We have been left with no other option than to return to work," said Paul Moltby, the Bristol POA representative. "The judge made it quite clear that anyone who disobeyed the court order could have their assets seized, be fined or imprisoned."
An employment law expert, Marcus Difelice, of Brabners Chaffe Street, warned that the POA could face severe penalties if it failed to comply with the injunction.
"If it continues, the union leader could be hauled before the courts for contempt," he said.
"The sanctions for this are pretty severe and could result in a prison sentence or an unlimited fine, or a combination of both. The government could also sue the union for damages of up to £250,000. Ignoring a court injunction can be a very costly business."
Mr Justice Ramsey ordered a senior officer of the POA who was present at the hearing to write to all branch leaders ordering their members back to work.
Government lawyers told the judge that 900 prisoners being sentenced today did not have a cell to go to, the BBC reported. He was also told that one man had died in custody two hours after he had been due to be released.
The former chief inspector of prisons, Lord Ramsbotham, warned that the situation was "potentially explosive" because record numbers of prisoners were being supervised by a handful of governors.
The strike, which has hit around 140 prisons, is over a below-inflation pay award, poor conditions and low morale among POA members, a spokesman for the organisation said.
Probation officers, lawyers and relatives were advised not to visit prisons today as inmates were locked down in their cells, and court cases were affected as inmates on remand were kept in cells.
"This is about the treatment given to prison officers in England and Wales," the chairman of the POA, Colin Moses, told Sky News. "We have been given a below inflation pay award, of 1.9%, for the second year running.
"My members are receiving below inflation pay awards when they are being asked to look after the most violent people in society."
Mr Moses said that, with the prison population running at 81,000, his members "believed enough is enough".
On August 16, the union said its members were willing to take action after years of below inflation pay increases.
The justice secretary, Jack Straw, described the strike action as "deeply regrettable and wholly unjustifiable".
"Our first concern in this situation is to protect the public," Mr Straw said. "We have in place tried and tested contingency measures to ensure the security of all prisons across England and Wales is maintained. We will also ensure that prisoners receive meals and emergency medical attention.
"We will take all available steps to ensure that this strike does not impact adversely on our primary duty to protect the public."
He insisted his ministry had been "actively trying to engage" with the POA through talks and regular meetings.
Lord Ramsbotham, however, warned that with "such huge numbers [of inmates] and a very limited number of staff at work you can never be confident [about security]".
He told BBC News 24 that tensions would rise in prisons and a lack of staff could lead to a "potentially explosive situation".
"I do not think today's action should be seen in isolation," he said. "It is symptomatic of the problems of an overstretched and under-resourced prison service.
"There are record numbers of prisoners, and the secretary of state announced that budgets would be frozen for three years. That led to tension among prisoners, which impacts on staff."
Charles Bushell, the general secretary of the Prison Governors' Association, said strike action was widespread and that members of his organisation had been drafted in to help out.
"If you are intending to visit any prison today, either as a probation officer, lawyer or family member, I would advise you not to go and not to phone the prison because the person who would normally answer the call will be protesting outside the gates," he added.
He said his members had "considerable sympathy" with the POA in its dispute about low pay awards and financial restrictions, although he did not believe strike action had a place in the prison service.
The BBC reported that the 1,300 prisoners at Wormwood Scrubs, in west London, were being guarded by eight governors.
"I have been a prison officer for 16 years. When I started there were five officers on every landing of 100 prisoners. Now there are only two," Alan Gaurley, the POA representative at the prison, told BBC News 24.
"The landings are huge and they are not safe. A lot of my colleagues have been assaulted. We feel we are undervalued.
"The public is not aware, because we work behind closed doors, but as you can see today there is a lot of depth of feeling."
Mr Gaurley said he had received a call from POA leaders at 5am informing him of the strike.
Vans that collect prisoners on remand at Wormwood Scrubs were turning around at the gates of the prison.
Brian Caton, the general secretary of the POA, said he believed 90% of his members were on strike, and disputed claims that the action was illegal. "I believe every officer has human rights, and they include the right to withdraw their labour," he added.
The row blew up after a pay review body recommended a rise of 2.5% this year but the government decided that should be staged, with an initial 1.5% rise followed by another 1% six months later. Last year, wardens were awarded a 1.4% pay increase.
Following the government decision, the POA said it was the "last straw" for its members, warning ministers that morale among prison officers was now at "rock bottom".
Officials said prisons were bursting at the seams and there were more than eight assaults against staff a day.
At the POA's annual conference in May, its 28,000 members were balloted on whether they would consider strike action to resolve the pay dispute. Eighty per cent of those who voted were in favour of a walkout.
Under its contract with government, the union is legally obliged not to undertake any industrial action that would disrupt the prison service.
The agreement dates to a court ruling in the early 1990s, which found prison officers had powers and authority similar to those of the police and subsequently could not strike. That was later enshrined in the Criminal Justice Act 1994.
However the union, which has mounted a long-running campaign to restore trade union rights to all its members, has given notice to withdraw from that contract, allowing the potential to strike.
