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Dáil Éireann debate -
Tuesday, 25 Nov 2003

Vol. 575 No. 3

Written Answers. - Irish Prison Service.

Denis Naughten

Question:

293 Mr. Naughten asked the Minister for Justice, Equality and Law Reform if he will meet the Prison Officers' Association under the auspices of the Labour Relations Commission without preconditions; and if he will make a statement on the matter. [28201/03]

My position, which is shared by the Government, is that the proposal put forward by the POA for negotiation is essentially a claim for an improvement in pay. As such claims are precluded under Sustaining Progress, I am not prepared to authorise the Prison Service to enter talks in any forum where a proposal involving such an increase is part of the discussions.

The POA proposal does not deal with the key issue that has been at the heart of discussions to date, the elimination of overtime. Both sides agreed to the introduction of an annualised hours system of attendance more than a year ago. It should be the main focus of further discussion but it was also omitted from the POA proposal. Its document envisaged leaving the prison overtime system intact or replacing it through the recruitment of up to 1,200 extra staff. Both propositions are unacceptable and unrealistic. The suggestion that the Irish Prison Service enter into discussions under the auspices of the LRC without preconditions is not a realistic proposition.

On 20 November I discussed my position on a resumption of negotiations with the POA. The meeting was useful and I hope that progress may yet be made. In the absence of an agreed way forward, before 1 January 2004, the Government decision of 11 November on alternative cost reduction measures will have to be progressively implemented.

Denis Naughten

Question:

294 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the number of meetings, agendas, conclusions that his Department has had with the Prison Officers' Association regarding overtime; and if he will make a statement on the matter. [28202/03]

Given the considerable history to the problem of overtime working in the Prison Service and to dialogue between the parties on the subject, it would not be possible to provide the information sought by the Deputy with absolute precision or completeness. I am informed that the number of meetings that have taken place over the past decade with the POA on this issue is quiet large. Consultations with the POA about tackling this problem have been both protracted and exhaustive.

The current efforts to address the problem have their origins in the report of the Prison Service cost review group that was published in 1997. The group comprised POA representatives and it deliberated over a two year period.

Arising from that report a team of experts, known as the staffing and operations review team, was set up in October 1998 to conduct a prison by prison, landing by landing, review of prison tasks and staffing. The POA declined an offer to be represented on this group. Over the following two years the SORT team produced 18 detailed reports, one for every prison and place of detention, and a global report that was subsequently issued to every member of staff. Subsequently a 19th report was produced on prisoner escorts.

The reports formed the basis for the next stage of the change process initiated in March 2001. They were pursued on a partnership basis through the establishment of a joint staff-management change implementation team. In the course of discussions between March 2001 and July 2002 the POA and management reached a consensus. They agreed that a system of attendance, based on the concept of annualised hours, might be the best prospect of achieving a set of arrangements that would meet the needs of both sides. They also agreed that it should be the main focus of further discussions.

Over the ensuing months management set about fleshing out the framework for the change required. On 30 April I outlined the main features of that framework at the POA annual delegate conference. I set a timeframe of 90 days for concluding negotiations between the Irish Prison Service and the POA on the issue. Between May and July the Irish Prison Service met the POA on 12 occasions. At the end of July a composite proposal for change was put to the association.

In the absence of agreement on this proposal, I agreed to the appointment of facilitators, Bill Attley, former general secretary of SIPTU, and Joe McGovern, former assistant secretary at the Department of Finance. Between mid-August and mid-September facilitated discussions between the Irish Prison Service and the POA were held on five occasions. During this period the facilitators had separate meetings with both organisations.

The facilitators withdrew from the process in mid-September having concluded that the gap between the sides was too great to be bridged. During the course of those discussions the Irish Prison Service made certain improvements to its proposals for change. On 26 September they were submitted to the POA. The association then conducted a ballot of its members with a recommendation that management's proposals be rejected. The result of the ballot was a clear rejection of the proposals for change.
Apart from the meetings mentioned above, the director general of the Irish Prison Service met the POA on a number of occasions, both formally and informally. He offered to meet them where there were specific issues it wished to raise in order to assist in the process.
Last Thursday I met the POA in an attempt to move the process forward. The meeting proved to be useful and I hope that both sides will be able to return to the negotiating table shortly. I want to move forward on the basis of consensus. If that proves impossible I will have no option but to proceed with arrangements to implement the recent Government decision on alternative cost reduction measures.
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