Chuka Umunna: blacklist victims should get compensation from contractors
Mr Umunna was expected to use today’s debate to say it was an “utter disgrace” that contractors who used TCA had not apologised for membership of the now closed organisation.
He was speaking the day after Sir Robert McAlpine non-executive director Cullum McAlpine admitted the firm had used TCA to vet employees for groundworks on the Olympic Park. The workers who were checked did not show up on TCA files, and Mr McAlpine said they were unaffected by the checks.
Balfour Beatty has also admitted to using TCA to check its records for workers on the Olympic Park.
MPs today called for contractors to be “put in the dock” over their roles in the “shameful practice of blacklisting” after workers were “condemned not to work again”.
There were also calls for the Information Commissioner to be “more proactive” in identifying those blacklisted.
Deputy commissioner David Smith yesterday said the ICO has taken calls from 2,641 people to date, of which it found 218 who were listed.
He added: “We have provided the names, dates of birth, locations and trades of all those individuals where information is held to the GMB, UCATT, UNITE and the RMT, which they are cross-referencing with their membership lists. GMB have positively identified more than 50 members where information is held and we are in the process of working with the union to provide that information to the individuals concerned. I expect this work with the trade unions will continue across the coming weeks.”
However Mr Smith also questioned suggestions that the ICO should have seized more documentation when it raided TCA’s offices in 2009.
He said: “As we explained to the Scottish Affairs Committee, we seized everything necessary to shut the blacklist down and prosecute those involved as firmly as we were able to. Indeed, Ian Kerr himself supported that, explaining to the Committee that the only documents not seized were admin files and public domain information.
“The construction blacklist remains a black spot on the history of employment in this country. While the work to close it down is long completed, our work to help those whose lives were affected by the blacklist continues.”
The issue of union collusion on blacklisting was also raised in the House of Commons debate, revealed by CN in February 2012, and reported by The Times today.
Crossrail today rejected “unsubstantiated claims” made by the Unite union that blacklisting has taken place on the London rail project.
During today’s debate, Mr Umunna is expected to say:
“Consulting Association invoices show that between 2006 and 2009, the construction companies involved paid just under half a million pounds for blacklist checks and information. It is inconceivable - given the amounts involved - that these companies’ use and membership of the Association would not have been known about and sanctioned at a senior level. Yet, so far, not one of the companies mentioned has apologised for its membership and use of the Consulting Association. This is an utter disgrace given all that has come to light. The workers deserve an apology and the companies involved should stop prevaricating and issue an apology now.
“We cannot say with confidence these practices are not still continuing and that is why action is needed.
“This action may take some weeks and months but the time for the denials and putting their heads in the sand by the construction companies involved is over, not least because unless they apologise and accept responsibility the reputation of the entire industry will be tarnished which is not at all fair to those companies in the sector who have not indulged in these practices.
“With this in mind, I want to finish by asking the construction companies involved to consider setting up a fund into which they could all pay, which could immediately begin to compensate those workers who were blacklisted for the immense loss they have suffered. That, in addition, to a full apology would be a good place to start in righting the wrongs which have done to our construction workers.”
On blacklisting on public sector contracts:
“Unfortunately in the last few months we have learnt that blacklisting checks were carried out on workers who were to be engaged on publicly funded projects.
“In November last year, Mr Kerr submitted evidence to the Select Committee in which he stated that member companies used Association services for checking potential employees applying to work on major public sector contracts. He said these ranged from airport runways, buildings such as Portcullis House, the Ministry of Defence in Whitehall, GCHQ, the Jubilee Line, the Millennium Dome, PFI Projects, hospitals, schools, Olympics sites, to road and rail contracts and so on.
“This is corroborated by the admission last month by Balfour Beatty in a letter to the Olympic Delivery Authority. Without the knowledge of the ODA, Balfour Beatty admitted it had used the services of the Association in 2008 to check on 12 prospective Olympics workers - thankfully they nevertheless went on to be employed.
“It was also corroborated yesterday by Cullum McAlpine - he is a director of Sir Robert McAlpine Ltd and was chair of the Association from 1993 to 1996. He confirmed to the Select Committee that the Consulting Association’s services were used on a large number of public projects, including the Olympics and the Jubilee Line.
“But, given what I have just set out and what we now know, I do believe there is sufficient evidence to justify Government carrying out a full investigation into the extent blacklisting took place - and may still be taking place – at the very least on public sector projects.
“After carrying out the investigation, Government should then set out what practical steps may be needed stop blacklisting and blacklisting checks happening on public projects in the future. No doubt, in so doing, the Government will want to consider whatever findings the Scottish Affairs Select Committee makes when it reports.”