At Prime Minister's Questions yesterday Michael Clapham asked Gordon Brown about the prospects for a change in the law to make blacklisting illegal.
Q5. [269364] Mr. Michael Clapham (Barnsley, West
and Penistone) (Lab): The Prime Minister will be
aware that the Information Commissioner recently found concrete evidence that
blacklisting was widespread in the construction industry. Given that there was a
consultation exercise in 2003, does he agree that it is now time to bring in the
regulations to prohibit blacklisting, rather than—and before—going to a further
consultation?
The Prime
Minister: I am, as are the whole Government, very
concerned by the evidence uncovered by the Information Commissioner about the
re-emergence of blacklisting in the construction industry. In 1999, we
established a power to introduce regulations to outlaw blacklisting, and we also
consulted on draft regulations in 2003. Evidence at that time suggested that
blacklisting had been eradicated but, given that there is new evidence that that
is not the case, we are looking urgently at what we can do. We will assess
whether the 2003 regulations, amended as necessary, should now be introduced to
the House of Commons.
Update: UCATT has just issued a press release which takes a more positive line on Brown's comments (perhaps to paint him to a corner) and reveals that former minister Ian McCartney, who intoduced the original legislation, is now in favour of a ban.
An extra from the release says:
In response to Mr Brown’s
statement Alan Ritchie General Secretary of construction union UCATT, said: “I
am pleased that the Prime Minister has clearly indicated that blacklisting will
be banned.
"It is monstrous that in the 21st
century the majority of major construction companies were engaged in
blacklisting. They were content to deny work simply because of a persons union
membership or because they had tried to improve site safety.”
...
Meanwhile Ian McCartney the
former minister, who in 1999 was responsible for introducing the Fairness at
Work Act, has written to UCATT expressing his full support for the regulations
to outlaw blacklisting being enacted at the earliest opportunity.
Mr McCartney, said: “The
Government now has to hand the evidence required to prove the existence of
blacklisting in the construction industry and that the commitment to enact the
relevant sections of the 1999 Act should be implemented without
delay.”
A piece I have just written for Tribune takes up the same theme. A BERR spokesman told me that the gobvernment was planning to issue a consultation document in the summer. Whether that counts as "urgent" is one thing - whether another around of consultation is needed is another.
My first couple of pars of my article are below.
The government looks set to carry out a consultation on
possible changes to employment legislation to outlaw blacklisting.
It follows a raid earlier this year by the Information
Commissioner’s Office (ICO) on a firm in the
Midlands
which compiled files on trade union activists. Investigators also uncovered
invoices from some 40 construction companies which subscribed to The Consulting
Association.
In a House of Commons debate a month ago, employment
minister Pat Mcfadden, said he and his officials would be studying the evidence
seized by the ICO closely and would “come to a conclusion in the near future”.
Now a spokesman for the Department for Business Enterprise
and Regulatory Reform says that it “will hold meetings with interested parties
though April and issue a consultation document in the summer”.
Next month Ian Kerr, who ran The Consulting Association, is
due to appear before Macclesfield Magistrates Court charged with offences under
the Data Protection Act. Kerr kept files on more than 3,000 people in total
with detailed information on around 1,600.
ENDS