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Criminal Justice and Immigration Bill

moved Amendment No. 47: 47: Clause 136, page 102, line 4, leave out from ““action”””” to end of line 6 and insert ““means— (a) the withholding of services as a prison officer; or (b) any action that would be likely to put at risk the safety of any person (whether a prisoner, a person working at or visiting a prison, a person working with prisoners or a member of the public).”””” The noble Lord said: My Lords, we come to what can best be described as the Earl Onslow amendment. The noble Earl has enlivened and instructed our proceedings on the Bill, and I am glad to be able to table this amendment. At rather a late hour on Report, we accepted in principle the amendment tabled by the noble Earl to alter the definition of industrial action in Clause 136. As, alas, the Government found some technical matters that were not to our taste, I undertook to bring forward a revised version for Third Reading. The noble Earl’s amendment proposed changing the definition of industrial action from action that affects, "““the normal working of a prison””" to action that puts, "““the safety of prisoners, staff or the public at risk””." I want to confirm that safety considerations have always been the Government’s primary concern and motivation behind these provisions, and that is why we welcomed the substance of the noble Earl’s amendment. We have tabled the amendment as it its now drafted to resolve any uncertainties resulting from generic terms such as ““staff””, but in substance the amendment reflects the proposals of the noble Earl. It redefines industrial action as, "““the withholding of services as a prison officer or … any action that would be likely to put at risk the safety of any person””." For the avoidance of doubt, the revised definition includes examples of categories of people likely to be put at risk. I commend the amendment to the House and beg to move.