Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment his Department has made of the impact of the provisions of the Strikes (Minimum Service Levels) Act 2023 on the ability of the Prison Officers Association to represent their members in workplace disputes.

The provisions of the Strikes (Minimum Service Levels) Act 2023 (the 2023 Act) do not extend to prison officers, who are not included in the categories listed in section 234B(4) of the Trade Union and Labour Relations (Consolidation) Act 1992, as amended by the Schedule to the 2023 Act. Under section 127 of the Criminal Justice and Public Order Act 1994, however, it would be unlawful for a trade union representing prison officers to induce its members to strike.

As prison officers do not have a right to strike, the Prison Service Pay Review Body (PSPRB) is an independent body which acts as a compensatory mechanism. The PSPRB conducts its own research and considers evidence submitted by the Prison Officers Association before making recommendations to the Government. The Government would only depart from those recommendations in exceptional circumstances.