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Criminal Justice and Immigration Bill

moved Amendment No. 115A: 115A: Clause 137, page 99, line 22, at end insert— ““(5) In subsection (4), after paragraph (aa) (inserted by subsection (4) above) insert— ““(b) holds any post, otherwise than as a medical officer, to which he has been appointed for the purposes of section 3(1A) of the Prisons (Scotland) Act 1989;””.”” The noble Lord said: My Lords, I know that Amendment No. 115 was not moved but perhaps I may say for the convenience of the House that we accept the principle of that amendment in the name of the noble Earl, Lord Onslow, and I shall be bringing forward a government amendment. As ever, we think that the noble Earl’s amendment is technically deficient, as all opposition amendments always are. At Third Reading, we will bring forward a correct amendment to meet the point that the noble Earl intended to make. In moving Amendment No. 115A, I shall speak also to Amendment No. 118. Amendment No. 115A will extend the power to restrict industrial action to public sector prison officers in Scotland. By doing so, the amendment will ensure a consistent position across the UK, with the clauses applying to both public and private sector prisons in England, Wales, Northern Ireland and Scotland. As it is employment law, it is appropriate to determine the scope of the provisions in Westminster rather than in the devolved legislatures. However, the running of Scottish prisons is the responsibility of Scottish Ministers, and the Government are tabling this amendment following consultation with, and full agreement from, Scottish Ministers. The statutory ban on industrial action in the Criminal Justice and Public Order Act 1994 has always remained in place in Northern Ireland and in private sector prisons. In public sector prisons in England, Wales and Scotland, the statutory restrictions were disapplied in 2005 in favour of binding voluntary agreements by the POA not to take industrial action. While the POA has chosen to withdraw from the joint industrial relations procedural agreement in England and Wales from 8 May 2008, the equivalent voluntary agreement in Scotland remains in place. The provisions are, therefore, not immediately needed in Scotland, and the Government have tabled Amendment No. 118, to ensure that in Scotland the statutory restrictions in these clauses would come into force only by order, rather than on Royal Assent. Any such order would be subject to affirmative resolution in Parliament. The Government have also given assurances to Scottish Ministers that no such order would be made without an explicit request in the event of a failure of the current voluntary agreement. It is the Government’s hope that the generally positive employee relations situation in Scotland will continue and that these circumstances will not arise. I beg to move.