Blacklisting

Debate between Christian Matheson and Chuka Umunna

Tuesday 5th September 2017 Westminster Hall

[Chuka Umunna]

I completely agree; I have met my right hon. Friend’s constituent. In the end, we need the inquiry because we need to know who knew what was going on. It was happening not just in the private sector but in the public sector. There are allegations that it was going on at the Olympic sites, Portcullis House and Ministry of Defence sites. Who knew it was going on? Did the permanent secretaries or the Ministers at the time know? Were the Departments that commissioned construction projects complicit in it? We do not know. Does the law need to be changed or tightened? To what extent is it still going on?

Each time we have debated the issue here the coalition and subsequent Conservative Governments have specifically refused to set up a public inquiry, saying that there is little evidence that blacklisting still goes on. Today I will present compelling evidence showing that the practice is definitely still going on, and that it is happening on one of the biggest construction sites in Europe—Crossrail, a publicly funded project that I have visited. Let us not forget that a construction worker died after being crushed by falling wet concrete, in March 2014, and that two other men were seriously injured in separate incidents in January 2015, working on Crossrail tunnels around the Fisher Street area in central London. In July this year the contractors concerned, BAM, Ferrovial, Keir— the BFK consortium—pleaded guilty to three offences following an investigation by the Health and Safety Executive, and were fined more than £1 million. The HSE said that had simple measures such as properly implemented exclusion zones in high-hazard areas been taken, all three incidents could have been prevented. That shows why it is so important that construction workers should feel free to raise health and safety issues without fear of retribution.

[Christian Matheson (City of Chester) (Lab)]

My hon. Friend outlines the human cost to the blacklisted workers and their families, which is almost the point that I want to make; but is there not also a sinister reason—intimidation of those engaged in legitimate trade union activity, to boost profits, often at the cost of the lives of a company’s own workers?

[Chuka Umunna]

My hon. Friend makes a good point: to what extent is profit being put before safety? Why is there such paranoia when employees and workers raise such issues? I find that hard to fathom, given the fatalities that occur in the construction sector.

The first case that I want to mention concerns surveillance of workers that took place at a peaceful demonstration at a Crossrail site in 2016. I have seen and read emails that passed and were circulated between contractors and the employee relations department at Crossrail, which detail questionable surveillance practices. The surveillance operations involved named individuals who were implicated in and involved with the activities of the Consulting Association. The evidence that I will supply to the Minister after the debate shows that a number of construction workers were being closely watched there, and that sensitive personal information was being collected in relation to them. It is not clear where those data were subsequently posited or by precisely whom, but those collecting information on the workers had to fill in a form, which was definitely filed somewhere.

Two of the workers who were subject to that surveillance have since sought to obtain further employment on Crossrail through employment agencies advertising positions. In each case they approached the job agency about the vacancy, and had the required skills to fill it. However, as soon as they relayed their names there was a delay; they were subsequently given an excuse as to why the positions had been filled. Unite does not believe that what happened to the two workers is coincidental, and it has already informed the Information Commissioner’s Office of its concerns about the case. Clearly, subcontractors were explicitly discouraged from employing certain known trade union members. One subcontractor has actually told Unite that the consequences of his employing a Unite member would be the refusal of future work. For obvious reasons, the subcontractor does not wish to disclose their identity.

The Information Commissioner’s Office, having been contacted about this, has stated that the evidence

“raises the possibility that surveillance is being undertaken without appropriate checks and balances being in place”

and that the

“collection of this type of data is potentially excessive”

under the law.

The second case that I want to highlight is that of an electrician who has been trying to obtain work in the construction industry since raising a grievance while working on Crossrail. He has since applied for hundreds of job vacancies, almost always being turned down. He never received any criticism about the quality of his work. He is an intelligent young guy, who is conscientious about his work and who takes his health and safety duties to himself and his colleagues particularly seriously. He is not particularly political: he is a construction worker and his focus is his work. He served Crossrail with a subject access request that compelled it to provide him with the information it held on him. I have been passed the documents and had a chance to read them. They reveal that Crossrail and three of its contractors exchanged personal data, and sensitive personal data, concerning the individual’s previous employment and the issues and grievances that he had raised there. On the face of it, the data appear to have been processed for the purpose of determining the individual’s suitability for employment related to his trade union activities. The very strong inference from the documents is that some kind of vetting operation was in operation between Crossrail, its contractors and the agencies involved. Again, I will pass the information and the documents to the Minister after the debate.

Those are just two examples, but clearly they show that blacklisting is still going on. I do not think that it is being carried out in the way that it was before, with a centralised system collectively funded by the construction companies, not least because for those caught under the data protection legislation there is a much bigger fine, and the blacklisting regulations are also in force, of course. However, clearly it is still being done, but in a more covert way, making it a lot harder to identify.

The ICO has said it will put out a call for evidence about ongoing blacklisting next year. It should really get on and put out the call for evidence now, without further delay; but it is no substitute for the public inquiry that we seek. The ultimate way to get to the bottom of what happened and is still happening is a proper investigation of that kind. The law clearly needs to be reviewed, even though the Minister told me earlier in the year that that was not necessary. I would like workers to be given a positive right not to be blacklisted. The suggestion of my hon. Friend the Member for Keighley (John Grogan) that it should be made a criminal offence was well made. I would also like protection against blacklisting to be extended to include trade union-related activities, as opposed to the current definition, “trade union activities”.