Staff in the Prison Service have for decades been allowed the privilege at local level of exchanging shifts with colleagues, where authorised by the Governor, for reasons of domestic or personal commitments. The practice of exchanging duty is a common informal feature of many employments. It is not an unreasonable arrangement, given the demands of a prison officer's job and the need to balance family and work commitments.
The only change to work practices in our prisons in this area in recent years took place in Limerick prison. A Governor's Order was issued in 1993 with the objective of providing a framework for the operation of exchanging duties in that prison. In mid-1994, it was established that a small number of officers, less than half a dozen, were able to manipulate the system in a manner in which the facility was not intended to operate, i.e. they were using the exchange for reasons for which it was not intended. The specific circumstances of this abuse of the facility were not covered by the Governor's Order of 1993. While there has been no extra cost incurred by the prison service arising from such abuse, abuse of the spirit of the intended arrangement for exchanges of duty could not be tolerated.
In the absence of a circular outlining standard procedures in relation to exchanges of duties for the prison service as a whole, the Governor felt he had no basis for withdrawing the privilege from the officers concerned and he recommended that such a circular be issued by the Department. This proved difficult from an industrial relations point of view. A general circular was issued to all Governors in November 1994, but had to be withdrawn in the face of opposition from the Prison Officers' Association. Indeed, industrial action was threatened. In 1995 negotiations continued. The POA felt it could not co-operate with certain proposed limits which the Department wished to include in a general circular. In May 1996 a draft general circular was communicated to Governors to enable the issue to be considered further by them. Discussions with Governors and the POA are continuing on the question of the issue of a general circular.
Once I became aware of the matter in September 1996 at about the same time as Deputy O'Donnell's first letter of 6 September, I directed that this matter be dealt with without further delay. A revised Governor's Order was issued last September in Limerick prison following detailed consultations with the local branch of the Prison Officers' Association who insisted on having time to consult their members. I am now assured the matter has been fully resolved and there cannot be a recurrence of the identified abuse. I have asked the Governor to further review these individual cases to see if there are any grounds for taking disciplinary action.
While the situation to which Deputy O'Donnell refers arose in Limerick prison, my Department, as a precaution to prevent abuse in other prisons is drafting an appropriate circular to all Governors on the process of exchanging duties. Consultations with staff interests regarding the content of this circular, continue to prove difficult because of perceived adverse effects on the general body of staff who avail of exchanges for legitimate purposes and in a manner in which the privilege was intended to operate. The successful operation of the process of exchange of duties requires an appropriate level of local flexibility to allow the Governor the scope to deal with specific requests. Equally, there must be consistency in the manner in which duties are exchanged. The privilege of exchanging duties is long established in the Prison Service, as it is in other similar services, and any proposed changes in arrangements inevitably become an industrial relations matter. I am determined, however, that a positive facility for staff will not and cannot be manipulated by a handful of people so that they can run businesses or engage in other employment during normal rostered times. The POA has indicated it does not wish to see the exchange of duty facility being used as an alternative to job-sharing or career breaks.
I am assured the specific problem in Limerick prison has been resolved satisfactorily with the agreement of the POA and with no adverse effect on officers who have availed of the facility for legitimate purposes within the spirit in which it is provided and intended to be used. I made this quite clear to Deputy O'Donnell in my letter to her on 8 October 1996. I have been informed the necessary administrative action has been taken to deal appropriately with those who were found to be in contravention of the spirit of this facility and, as I said earlier, if the Governor recommends disciplinary action, I can assure the House I will act on that recommendation.
I have also made it clear to the Governor that I expect this facility to be fully monitored and will require regular reports on the numbers utilising this facility.