JAILS are breaching health and safety law, the leader of the Prison Officers Association (POA) said yesterday as the government secured a permanent injunction against guard walkouts.

With chronic overcrowding, a drop in staff numbers and rising violence and drug use, Steve Gillan told the Morning Star it was “only a matter of time” before a prison guard was killed at work.

Last November, the POA called on its members to walk out of prisons and hold meetings at the gates over safety concerns.

But the government secured an injunction forcing guards back to work. This was followed by a second injunction in February after the union instructed members to withdraw from riot patrols.

Government lawyers said earlier this month they were seeking a permanent injunction “to ensure that POA does not seek to breach the law again.”

John Hendy QC, acting for the POA, said the duties the union had asked workers to withdraw from were voluntary.

But in a High Court ruling issued on Wednesday, Mr Justice Jay ruled in favour of the government.

“The POA has lost not just on the facts — the wording of the circular, and the finding that the circular was likely to generate a risk to the safety of prisoners and staff — but also on the important point of principle,” he said.

Speaking to the Star directly after the ruling, POA general secretary Mr Gillan said: “We’re obviously disappointed in the judgement, but not surprised.

“It’s probably a political decision against a trade union who the government and the employer wish to gag.

“We will look at our options with our legal advisers and decide whether to appeal. But we will never, ever be silenced over the health and safety of our members, and of the prisoners in our care.”

Chief Inspector of Prisons Peter Clarke warned on Tuesday that young prisoners were trapped in a “dangerous” cycle of violence.

He said jails had suffered a “serious deterioration in standards” and staffing numbers were often “simply too low.”

Mr Gillan said it was time for prisons chiefs Michael Spurr and Phil Copple to resign. “They have presided over a failing prison system,” he said.

“Without a doubt, the government is in breach of the Health and Safety at Work Act. It’s only a matter of time before a prison officer is killed at work.”

Mr Gillan said the POA would not be cowed by the injunction. “Our union has had to live with [a ban on striking] for 23 years.

“If [following the will of members] brings us into conflict with government and the employer, then that’s exactly what it will do.”