Straw sacrifices prostitution law to ban strikes by prison staff | Politics | The Guardian

Straw sacrifices prostitution law to ban strikes by prison staff

The government last night dropped key parts of its criminal justice and immigration bill, including a crackdown on prostitution, to ensure that powers banning prison officers going on strike are rushed on to the statute book by May 8.

The justice secretary, Jack Straw, is also sacrificing a proposal which would have barred the appeal court quashing convictions on a technicality in cases where there was "no reasonable doubt" about the defendant's guilt. It stirred strong opposition in the legal world where it was seen as incursion on the discretion of judges.

The bill would have introduced a programme of "compulsory rehab" for those involved in prostitution and removed the pre-Victorian term of "common prostitute" from the statute book which ministers said was widely regarded as stigmatising and offensive.

Women who were persistently found to be involved in loitering and soliciting were to attend compulsory drug and alcohol rehabilitation courses instead of being fined. If they failed to attend at least three meetings of the course they could face up to 72 hours detention before being brought before a court.

Women's groups, penal reformers and probation officers said women would be locked up simply for missing meetings.

Ministers said the changes were a way of providing women with an "exit strategy" from the sex trade and were the only legislative proposals to emerge from a review of the laws surrounding prostitution carried out in 2003.

The term "common prostitute" dates back to the 1824 Vagrancy Act and a public consultation showed that it is now widely regarded as offensive.

The Ministry of Justice last night said it was withdrawing the prostitution and criminal appeal provisions of the bill to ensure the legislation received royal assent by May 8, when a voluntary no-strike agreement with the Prison Officers' Association will lapse 12 months after the union gave notice it wanted to end it.

A ministry spokesman said: "We are taking this action to ensure that legal protection is in place in the event of further industrial action destabilising the prison estate, as was witnessed on August 29 last year. We must take this action in order to meet our duty to protect the public."

A special delegates conference of the POA on February 19 gave the union executive a mandate to take action, including a strike, and a mandate not to sign a new no-strike agreement. Straw was prepared to sacrifice key parts of his criminal justice bill yesterday to ensure that there was no gap between the voluntary agreement lapsing and the introduction of the statutory ban on industrial action taking effect.

The bill was the 55th criminal justice bill since Labour came to power in 1997 and would have created 19 new criminal offences on top of the 3,000 created in the past decade.