Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether his Department is compliant with the requirement in section 3.1.8 of the Civil Service Management Code that time off with pay for safety representatives will not be set against facility time allowed under existing arrangements.

The Ministry of Justice has an obligation to provide reasonable paid time off to recognised trade union representatives to undertake trade union duties. This includes paid time off to Health and Safety representatives as set out in section 3.1.8 of the Civil Service Management Code.

The Ministry of Justice, in line with the legislative obligation set out in the Trade Union Act (2016), annually publishes information relating to facility time for relevant union officials. Facility time is defined by the Act as including time off taken by a relevant union official that is permitted by the official’s employer, including under “regulations made under section 2(4) of the Health and Safety at Work etc. Act 1974”.

The Government recognises there are significant benefits to both employers and employees when organisations and unions work together effectively to deliver high quality public services, but facility time within the public sector must be accountable and represent value for money.