Employment Rights Bill (Twentieth sitting)

Peter Bedford Excerpts

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[Mr Peter Bedford (Mid Leicestershire) (Con)]

I beg to move, That the clause be read a Second time.

[The Chair]

With this it will be convenient to discuss the following:

New clause 3—Inducement of prison officers: exempted persons—

“After section 127A of the Criminal Justice and Public Order Act 1994 (inducements to withhold services or to indiscipline), insert—

‘Section 127B: Prison officers and trade unions: exempted persons

Section 127 (inducements to withhold services or to indiscipline) does not apply to—

(a) Any listed trade union representing prison officers, or

(b) any person acting on behalf of a listed trade union representing prison officers.’”

This new clause would repeal, with respect to trade unions representing prison officers, provisions that prohibit the inducement of industrial action or indiscipline by a prison officer.

Amendment 2, in clause 118, page 104, line 32, at end insert—

“(aa) section [Prison officers: inducements to withhold services];”.

This is a consequential amendment to NC2 to ensure the implementation of the repeal of relevant provisions in the Criminal Justice and Public Order Act 1994.

Amendment 3, in clause 118, page 104, line 32, at end insert—

“(aa) section [Inducement of prison officers: exempted persons];”.

This is a consequential amendment to NC3, to ensure its implementation.

[Mr Bedford]

It is a pleasure to serve under your chairmanship, Ms Vaz. Why am I moving a new clause tabled in the name of the right hon. Member for Hayes and Harlington (John McDonnell)? I asked myself that question. I believe that it is important that the Committee hear and debate in full every proposed amendment to this truly awful Bill. Indeed, this is why my constituents in Mid Leicestershire sent me to this place. They likely knew what the make-up of the House of Commons, and therefore the composition of this Committee, would be after the election. I believe they would want me to hold the Government to account, particularly on legislation such as this.

Even though I find the views of the right hon. Member for Hayes and Harlington completely unagreeable, he has been sent to this place to put on record what he believes is right. It will be interesting to see how many on the Government side agree with his new clauses. In layman’s terms, new clauses 2 and 3 relate to allowing prison officers the right to strike. I am sure their instinct is to support these new clauses. I will take the time to outline why I believe this would be a step in the wrong direction.

Prisons are essential for every functioning society. They serve out punishment, act as a deterrent and reform offenders. The prison guard—or screw, to use the colloquial vernacular—plays a crucial role in maintaining these key purposes. In 2024, there were more than 23,614 prison guards in England and Wales. This increased by 5,000 during the term of the last Conservative Government. I am sure that everyone on the Committee will be thankful for the work of Conservative colleagues in increasing that total.

Anecdotally, when I speak to residents in my Mid Leicestershire constituency, a large majority believe that prison officers do a great job and should be commended for all they do to keep us safe. Although my constituency does not have an active prison within its boundaries, there are three nearby in the county of Leicestershire. First, there is HMP Gartree, which is located to the south-east of Leicester city, a short drive from Mid Leicestershire. It is a category B prison and has had some notable inmates over the last 60 years. There is also HMP Fosse Way, which is a category C prison located to the south of the city. Finally, there is HMP Leicester, a category B prison in the city centre that hosts more than 400 inmates. In fact, the strange castle design of the prison leads to many tourists visiting it and taking photos.

The prisons offer three incredible employment opportunities for my constituents in Mid Leicestershire, but I fundamentally believe that they would be deeply concerned about the provisions in these new clauses. What would happen in these prisons on strike day? Would prisoners be able to do as they pleased? Would they be left in their cells? Who would be there to care for them if something terrible—

[Justin Madders]

On a point of order, Ms Vaz. Is it in order for a Member to move a new clause and then speak against it?

[The Chair]

I am waiting to hear what the hon. Member says when he gets to the end of his remarks.

[Mr Bedford]

Thank you, Ms Vaz. Who would be there to care for them if something terrible were to happen? Most importantly, for my constituents, who is there to stop these prisoners getting out of the prison grounds? We could have a situation whereby, within a short journey of Mid Leicestershire, hundreds of inmates are on the run. Furthermore, with the funding settlement that the Government have announced for rural areas such as Mid Leicestershire, it is questionable whether the police would be able to catch those who have escaped.

It appears that my opinion is not unique. YouGov has been polling the UK public on the matter since August 2019, when 52% of the public thought that prison guards should not be able to strike. Incredibly, even through tough times, that figure has increased to 54%.

I believe that the public would be particularly sceptical about new clauses 2 and 3 because of the riots that they have seen on prison grounds, which unfortunately have happened even when prison officers have been on the premises. For example, many remember the riots at Strangeways in 1990, which were caused by poor officer-prisoner relations and poor conditions on prison grounds.

I am also concerned about the two-tier impact on police and prison officers. The policing profession is intrinsically linked to that of prison officers. Police officers are at the heart of keeping the public safe. Police officers throughout the UK join the profession willingly and, because of their professionalism, accept that they will never be able to strike. Police officers throughout the UK know how important it is to keep the public safe. In fact, many police officers I talk to express their annoyance at how little they can do to fight real crime when a lot of their time is taken up by other issues, such as non-crime hate incidents and investigating dubious posts on social media.

However, the crux of the argument against new clauses 2 and 3 is public safety and the lack of supervision should they be accepted. I therefore hope that they are not added to the Bill.

[Steve Darling (Torbay) (LD)]

I am sure that my residents would be horrified that these proposals are seeing the light of day in the Committee. I am shocked that Conservative Members are putting them out there. I expected us just to pass on by them, but I want to make sure that it is on the record that the Liberal Democrats do not support these rather peculiar proposals, which have only seen the light of day thanks to a Conservative Member.

[The Chair]

I just say that the Clerks have checked, and it is in order to move an amendment and then speak against it.

[Mr Bedford]

Held by my arguments and the arguments put forward by hon. Members, I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 4

Non-disclosure agreements: harassment

“(1) Any provision in an agreement to which this section applies is void insofar as it purports to preclude the worker from making a relevant disclosure.

(2) This section applies to any agreement between a worker and the worker’s employer (whether a worker’s contractor not), including any proceedings for breach of contract.

(3) In this section, a ‘relevant disclosure’ means any disclosure of information which, in the reasonable belief of the worker making the disclosure, shows that harassment has been committed, is being committed or is likely to be committed, by a fellow worker or a client of the employer.

(4) In this section, ‘harassment’ means any act of harassment as defined by section 26 of the Equality Act 2010.”—(Steve Darling.)

This new clause would render void any non-disclosure agreement insofar as it prevents the worker from making a disclosure about harassment (including sexual harassment).

Brought up, and read the First time.

[Steve Darling]

I beg to move, That the clause be read a Second time.