Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the potential implications for his policies of the ruling by the European Committee of Social Rights entitled ECSR Conclusions XXIII-1, published on 23 January 2026; and if he will end the ban on prison officers striking.

Prison officers work in difficult environments every day, with some of the most challenging people in society. The Government recognises that the work of prison officers is of critical importance in keeping the public safe.

Section 127 of the Criminal Justice and Public Order Act (1994) makes it unlawful for anyone to induce a prison officer to take (or continue to take) industrial action or to commit a breach of discipline. This applies to frontline operational prison staff from Band 3 prison officers to Band 11 governors in England and Wales. Industrial action in prisons, even if only partial, would create unsustainable and significant risks to safety and security. This would in turn impact on the courts, police and public safety. As the conclusions of the European Committee of Social Rights are potentially relevant to ongoing legal proceedings before the European Court of Human Rights, it would not be appropriate for the Government to comment at this time.

HMPPS has a comprehensive engagement and consultation framework in place with the Prison Officer’s Association (POA), as well as dispute resolution processes, which ensures they have the full opportunity to raise any issues affecting their members. This has enabled collective agreement on a range of issues. HMPPS also has the ‘Whitley’ meeting structure in place for raising and escalating matters at both national and local levels and a collectively agreed National Disputes Resolution Procedure, introduced in 2011, which provides a direct route for the POA, including an escalation route to independent conciliation and arbitration, to seek resolution on issues which may impact on the existing terms and conditions of prison officers.

We are committed to ensuring the right of everyone who works in a prison to decent conditions and a fair reward for their hard work, and we believe we can do so without the need for legislative change.

We believe the work of the Prison Service Pay Review Body provides a robust, independent compensatory mechanism. Therefore, we have no plans to review the current legislation. We will continue to engage regularly with our recognised trade unions and welcome the constructive contribution they continue to make in ensuring that the views of staff are fully represented.