§ Mr. Kevin HughesTo ask the Secretary of State for the Home Department (1) in what circumstances under the "Conduct and Discipline in the Prison Service" it would be a disciplinary offence for a prison officer to contact an hon. Member regarding his own employment circumstances;
(2) what are the rules governing the political activities of members of HM Prison Service;
(3) in what circumstances under the "Conduct and Discipline in the Prison Service" a prison officer is prevented from raising with his own hon. Member 222W concerns relating to (a) the handling of a grievance in his own case and (b) the operation of a particular prison establishment;
(4) if the rules of confidentiality covering prison officers extend beyond individual cases to the general standards of operation of the prison service.
§ Mr. Peter LloydResponsibility for these matters has been delegated to the Director General of the Prison Service, who has been asked to arrange for a reply to be given.
Letter from I. Dunbar to Mr. Kevin Hughes, dated 23 March 1994:
The Home Secretary has asked me, in the absence of the Director General from the Office, to reply to your recent Questions about prison officers contacting honourable Members, and the rules about confidentiality and political activities in the Prison Service.
Like all civil servants, prison officers have always been subject to the rule that they should not attempt to enlist political or other outside influence to support their own personal claims as civil servants. An internal procedure enables any personal concern of a member of staff to be reviewed, with the ultimate right of appeal to the Permanent Head of the Home Office.
Members of the Prison Service are entitled to raise general matters with their Members of Parliament, but must have regard to their duty of confidentiality and loyal service to the Crown. They should avoid any action which might compromise the right of colleagues or inmates to privacy, and have a duty to protect official information which is held in confidence.
You asked about the circumstances in which it would be a disciplinary offence for a prison officer to raise, with an honourable Member, matters concerned with his own employment in the Prison Service. "Conduct and Discipline in the Prison Service", introduced in July 1993, specifies "attempting to enlist the assistance or support of outside individuals or organisations (including Members of Parliament) to secure advancement or improve one's personal position", and "disclosure of official information held in confidence, whether to inmates, the press or others" are examples of conduct which may attract disciplinary action.
It is not possible to state the precise circumstances in which disciplinary action might be taken in these areas, since this would depend on careful consideration of the circumstances of the particular case. The Prison Service Code of Conduct and Discipline specifically provides that disciplinary action against a member of staff who is alleged to have attempted to secure personal advancement by approaching an honourable Member can be taken only with the agreement of the personnel management division at Prison Service Headquarters.
As to the rules governing political activities of members of the Prison Service, the position is that civil servants, including members of the Prison Service, are required to discharge loyally the duties assigned to them by the government of the day of whatever political persuasion. Ministers and the public must have confidence that civil servants' personal views do not cut across the discharge of their official duties. The intent of the rules governing political activities by civil servants is to allow them the greatest possible freedom to participate in public affairs without infringing these fundamental principles. The rules are concerned with the public expression of political views, rather than privately-held opinions.
These rules are set out in detail in the Home Office Staff handbook and a Home Office Notice, copies of which are enclosed.