David Anderson
Main Page: David Anderson (Labour - Blaydon)(11 years, 11 months ago)
Commons ChamberRead Full debate Read Hansard Text
Mr Umunna
I completely agree.
There has been concern that blacklisting may have taken place on Crossrail after it was revealed that a former senior human resources manager employed by a contractor on that project, Ron Barron, was a regular user and contributor to the association’s services in a previous job. An employment tribunal found that he introduced the use of the blacklist at his former employer, the construction firm, CB and I, and checked names with the association more than 900 times in 2007 alone. He was engaged as a consultant before the decision of the employment tribunal case against his previous employer was published, and the contractor says that it was not aware of the case.
In addition, the Select Committee has heard that there was information on association files regarding the monitoring of workers by the authorities because they were Irish nationals, and it has been suggested that they were barred from working on Ministry of Defence sites for that reason. I have tabled parliamentary questions to the Department for Business, Innovation and Skills, the Ministry of Defence, the Department for Transport, and the Department for Culture, Media and Sport on all those topics. The answers that I have received indicate that there has been no recent discussion, correspondence or investigation of blacklists being used by construction companies engaged on public sector projects. That may have changed since I received those answers. I do not believe any of the Ministers answering my questions were seeking to be unhelpful in providing those answers, but given what I have just set out and what we now know, there is sufficient evidence to justify the Government carrying out a full investigation into the extent of blacklisting that took place, and which may still be taking place, at the very least on public sector projects.
After carrying out an investigation, the Government should set out what practical steps may be needed to stop blacklisting, and to prevent blacklisting checks on public projects in future. No doubt, they will want to consider and reflect on whatever findings the Select Committee makes when it reports. We can have a discussion as to what form that investigation will take, but we need to learn the full truth of what went on. Beyond blacklist checks being made on workers on public sector projects, David Clancy, the Information Commissioner’s investigations manager, who carried out the raid in 2009 on the association, has made very, very serious allegations in relation to the police and security services. Giving evidence to the Select Committee, Mr Clancy, a former police officer, said he believed that some of the information held by the association would have come from the police or security services, based on the nature of the information held. For example, an in-depth analysis of an individual’s home circumstances and what his neighbours thought about him featured on one file.
Mr Kerr denied that the association had any involvement with the police or authorities. However, he confirmed that the Economic League, some of whose records formed the bank of information held by the association, had met and exchanged information with the police. At the very least, it is likely that some of the information given to the league by the police made its way on to the files held by the association. Having seen examples of some of the records myself, it is clear that they contained information based on the surveillance of individuals, including periods away from construction sites. It seems improbable that such information came exclusively from construction firms themselves. That further underlines the need for a full Government investigation into blacklisting, which should consider the role of the police and other such authorities.
Mr David Anderson (Blaydon) (Lab)
My hon. Friend is making a strong case. On his last point, even if the Government do not agree with anything else that has been said today, we have heard so much in the past few weeks about the role of the police over the past four decades—and the real worry is that faith in the police has been undermined by what took place two or three decades ago—that they must agree to investigate the cases raised today.
Mr Umunna
I absolutely agree. This is particularly serious and shocking, and if the police are to command the confidence of people in this country, the questions that hang over them in respect of their involvement with blacklisting must be properly investigated.
What about legal protections for construction workers and the system of redress for victims? Although it was and remains the case that it is unlawful to refuse employment on the grounds of trade union membership alone, at the time of the Information Commissioner’s raid on the Consultancy Association in 2009, there was no specific general prohibition on blacklisting. It was therefore left to the commissioner to prosecute Mr Kerr for failing to comply with the Data Protection Act 1998. As I said, he was fined just £5,000 as a result, which seems a shockingly small amount, given the devastation caused over the years. We have heard the evidence in the House this afternoon. Following the raid and the emergence of the blacklist, the Labour Government consulted on the issue of increasing the maximum monetary fine that could be imposed for serious breaches of data protection principles from £5,000 to £500,000. The increase came too late for the Kerr case.
Perhaps more shocking still is the fact that those firms that set up the association and became members—which supplied information to and accessed the blacklist—were neither charged with any offence like Mr Kerr nor ordered to pay compensation to the workers involved under that or any other law. To date, as I said, not one director of those companies has been brought to book for what happened. We also introduced the Employment Relations Act 1999 (Blacklists) Regulations 2010 a few months after the raid. They provide for victims of blacklists to seek redress from employment tribunals and civil courts only. They do not contain criminal sanctions, but they make it unlawful to compile, supply, sell or use a “prohibited list”'. To be prohibited, the list must contain details of current or former trade union members, or details of people who are taking part, or who have in the past taken part, in trade union activities. Non-trade union members on a list that includes trade union members qualify for protection too. The list must be compiled with a view to its being used by employers or employment agencies for the purpose of discriminating when recruiting or during employment.
As cases have progressed through the courts it has become apparent that the regulations need to be strengthened. I am coming on to the point that the hon. Member for Gosport (Caroline Dinenage) made. First, the regulations are not retrospective in effect. While they act as a strong deterrent to those considering using blacklists, many of the victims of the blacklisting in the past, whom I have described—and some hon. Members have been victims—are unable to make use of them to secure compensation. Given that this is the case, what more can be done to ensure that those who have been wronged have some form of redress or compensation?
Secondly, it is unclear to what extent those who are not employed, in the strict sense of that word, but are self-employed, may bring claims under these regulations where they have been refused work. We know that false self-employment in the construction sector is rampant, so this is an important point that needs to be cleared up.
Thirdly, claims can be brought in the employment tribunal or the county court. Though the cap on compensation in the tribunal is £72,300 and there is no cap in the county court, people often prefer—I know this from my previous practice as an employment lawyer—to claim in the employment tribunal because it can be less laborious for claimants and the cost consequences of losing a case are less severe. However, claims brought in the tribunal must be brought within three months of the alleged unlawful act. Claims brought after that time can be allowed only at the discretion of the tribunal. Again, that needs to be looked at, because so many of the people affected are not even aware that these unlawful acts took place.
The upshot of all this is that often the only legal remedy for a significant number of victims of blacklisting is through a complaint to the European Court of Human Rights in respect of a breach of their convention rights—article 8 on privacy and article 11 on freedom of information. That, of course, can take a long time and a great deal of resource. There are a number of cases going through the courts at present, which I will not refer to now as I do not wish to prejudice those trials, but we must be realistic about asking individual workers, many of whom have lost their livelihoods and so do not have huge resources, to enforce their rights against those very well resourced companies.
For these reasons I ask the Secretary of State, who I am pleased is here today, to carry out a review of the law in this area to see how it might be tightened up and protections and sanctions strengthened, and for him to report back to the House on his findings. I have deliberately not set out detail in respect of legal changes that may be needed to address these technical issues. That is something on which we can work together to achieve consensus. However, just as we correctly argue for robust legislation to protect whistleblowers, we must ensure that a climate of fear is not allowed to continue around the issue of blacklisting.
No worker on any building site or at other workplaces throughout the land should hesitate before reporting an unsafe site or a dangerous working practice. That means that they must have confidence that the law is with them—is firmly on their side—and that there will be no question of that report being noted down somewhere in a file for troublemakers, allowing firms such as the construction companies to get away with what they have been doing.
Finally, I turn to the work of the Information Commissioner.
Vince Cable
Of course blacklisting is wholly and utterly unacceptable, and of course the industry needs to understand that—I think that was the first remark I made. If it is about sending signals, we have already done so, and of course we will have a close look at what the Scottish Affairs Committee has said and whether it has found any new evidence. I do not think that this debate has brought forward anything new, but perhaps the Select Committee has. Obviously, if there is fundamental new information, logically we will look at that, but we have not yet seen it.
Then there is the question of the existing legislative framework, to which the hon. Member for Streatham drew attention. Let me just go over the legislative framework. The Data Protection Act 1998 was the basis on which the investigation took place, and the Information Commissioner used the maximum legal powers available at the time, which have since been increased, hence the ability to use civil penalties of £500,000. There is also the Trade Union and Labour Relations (Consolidation) Act 1992, which makes it unlawful to employ a person because they are a member—or, indeed, not a member—of a trade union or because they refuse to join or leave a trade union. It is equally unlawful for an agency to refuse employment services on those grounds. As we have heard, an individual can bring an employment tribunal complaint within three months of an offence taking place, or longer if it was not reasonably practical to bring the claim in time. That is what many workers have done in this case. Finally, there is the legislation that the previous Government introduced, the Employment Relations Act 1999 (Blacklists) Regulations 2010, under which it became unlawful to use, compile, sell or supply blacklists of trade union members or activities for discriminatory purposes such as employment vetting.
There was a decade of review of the 1999 Act and its implications. Several Members, including the hon. Member for Gosport (Caroline Dinenage), have asked why action was not taken more quickly. Let me go through the history of that decade. The Employment Relations Act 1999 introduced the power for the Secretary of State to make regulations to outlaw the creation, use, sale or supply of blacklists, but no regulations were introduced in 1999. Four years later, in 2003, the Government carried out a public review of the effect of the Act and concluded that there was no evidence of blacklisting, but they did publish draft blacklisting regulations and said that they would introduce them swiftly if the need arose. The ICO then investigated the Consulting Association, after which the Government introduced the regulations that had been published in draft.
Therefore, there was a very long process of consultation. Preparatory legislation was produced in case there was evidence that something had taken place, and indeed there was and the Government acted. My approach is exactly the same. If companies have found a way around the regulations and abuses are still taking place, we of course need to look at taking fresh steps, but I am waiting to hear that evidence.
Mr David Anderson
Will the Secretary of State address the point I raised with my hon. Friend the Member for Streatham (Mr Umunna) about the involvement of the police and security services? The ICO’s investigations manager has stated in evidence:
“I believe some of the information would have come from those types of sources.”
Surely there is a public interest, and an interest in this House, in what public servants of the Crown were doing in feeding information to private companies.
Vince Cable
That is an allegation and, as I said a few moments ago, if there is serious substance to it and a good basis for investigation, it should first have gone to the Police Complaints Authority and to the body that looks at the security services. There is a process. It might be tedious to go through it, but that is what we have to do. If those avenues have been exhausted, perhaps we can take it to the next stage, but I have no evidence that they have even been tried.
The next question was whether we should now be investigating construction companies working on public contracts. That is the issue for today. As I have said many times, I am open to new evidence if it is available, because it is very clear that any company working on a public contract must comply with the law. Of course companies should not break data protection law, trade union law or the blacklist regulations.
Natascha Engel (North East Derbyshire) (Lab)
I am surprised that the hon. Member for Daventry (Chris Heaton-Harris) made that final connection, because I did not think that such a comment would be made during the debate.
The Secretary of State asked: why have this debate now? My response is: at last. We as trade unionists—I am a member of the Union of Construction, Allied Trades and Technicians and the GMB, and a former trade union organiser—have been campaigning on this issue, which we know has been going on, mainly in the construction industry, but possibly in many other industries too, for many years.
It is also important to note that it is almost exactly 100 years since Robert Tressell wrote “The Ragged Trousered Philanthropists”, which was based on poverty wages, people’s terror of losing their job, and conditions at work that were almost impossible to bear. It has descriptions of people literally dying at work in the construction industry because conditions were so bad. It is only as the result of the introduction of the trade union movement, which led to decent health and safety laws, that the kinds of conditions described in the book have, thankfully, stopped.
If we look at the effect of blacklisting—I want to widen the debate a little—we will see that it undermines every single one of those hard-fought trade union rights that we have won. It also undermines decent, good, honest people who go to work.
Mr Anderson
Does my hon. Friend agree that anyone who is blacklisted because they have raised health and safety issues is actually being blacklisted for carrying out a legal duty? Every employee who has a concern about a health and safety issue has a legal responsibility under the Health and Safety at Work etc. Act 1974 to report it. These people are not just being sacked, they are being refused access to work, so the problem is compounded by what employers are doing.
Natascha Engel
The one point that I want to make in my short speech is exactly that: not only are people raising legitimate issues; it is their legal duty to do so. Blacklisting is illegal, and it is illegal for a very good reason. Trade union organised workplaces are safer places to work, and for that reason, they are also more productive places to work. Blacklisting undermines every single one of those issues.
We need to remind ourselves of what the construction industry really is and what it means to be a construction worker. These are not office jobs; they are dangerous, risky jobs. People often work at great heights or with gas, electricity or asbestos, and they often have to travel miles away from home. It is insecure work, dependent on insecure contracts. As my hon. Friend the Member for Streatham (Mr Umunna), the shadow Secretary of State, has said, people move away from their homes to get to these jobs and, once they are there, they do not know when they will get their next job. People are not paid much money for these jobs. Some are directly employed, but there is a system of bogus self-employment—of indirect employment through sub-contracting—which makes this a dangerous industry in which to work, and blacklisting only adds to that danger.
I want to build on what my right hon. Friend the Member for Dulwich and West Norwood (Dame Tessa Jowell) said about the Olympic village and the Olympic park. UCATT has proof that a different set of rules was applied to the Olympic park and the Olympic village. As has been said, in the main the park directly employed people on what were complicated construction jobs, and the number of accidents and injuries was far lower than that on the site of the Olympic village, which was arguably a far more straightforward site because it involved building housing. Sixty-six per cent. less people on the Olympic park suffered accident or injury than on the Olympic village, which had a system of sub-contracting and lots of casual labour. That statistic in itself demonstrates the importance of direct employment in the construction industry, and the importance of trade unions.
The Department of Trade and Industry, as it was in the good old days when Labour were in government in 2007, produced a report about health and safety representatives—this goes back to the point raised by my hon. Friend the Member for Blaydon (Mr Anderson)—stating that safety reps save the economy between £181 million and £578 million per annum. Even given the standards used by the Government and the comments of the hon. Member for Daventry, those are staggering savings for our economy. Trade union health and safety reps prevent between 8,000 and 13,000 workplace accidents. For trade unions to be present in the workplace is positive.
Mr David Anderson (Blaydon) (Lab)
Let me first put on record for the benefit of the hon. Member for Keighley (Kris Hopkins), who is no longer in the Chamber, that all the legislation that controls donations to trade unions was passed by his party when it was in government. Let me also put it on record that none of the people who donate money to the Labour party are languishing in jail, unlike people who have funded the two coalition parties, namely Michael Brown and Asil Nadir.
The motion ought not to divide the House, but I want to hear from the Minister whether she agrees with the last three lines of it, because that is the “doing” part. Will she commit herself to
“begin an investigation into the extent to which blacklisting took place and may be taking place”?
If, like the Secretary of State, she is going to try to dance on the head of a pin and, basically, say “It is everyone’s responsibility except mine”, she may as well divide the House. If she does not intend to do anything serious about this, we may as well forget about it.
This debate is about fairness, it is about justice, and it is about what most of us mean by being British. What do we mean by that? We mean that we, as a people, have an innate sense of fair play: we believe that everyone is innocent until proved guilty, and we accept that anyone who is accused of wrongdoing should at least have the right to clear their name. Blacklisting denies people those basic tenets in which we all believe as a nation and which are among the things that bind us together, and it has got to stop.
Let me tell the House about my history in relation to blacklisting. The most important person I know of who was blacklisted was someone whom I never met: my own grandfather. My grandfather was a local official in the Durham Miners Association during the 1926 strike. At the end of the strike, after he had been out of work for six months, he was told—like my good friend the Member for Midlothian (Mr Hamilton)—“You are not coming back to work.” He was told by the manager, when he went to his house, “Gus, I want you back at work, but if I took you back, the owners would send me down the road.” The owners just happened to be the Bowes Lyon family, who, as we knew, ran this country and ruled this country for many years. That was the attitude that they took nearly a century ago.
Eight years of poverty followed. My grandfather died in abject poverty, which meant that my 14-year-old father became the family breadwinner. He was sent down the mines—against his wishes and the wishes of his mother, but there was no alternative.
In recent history, there were disputes in the mines in the 1970s and 1980s. There was clearly state intervention in all three of those disputes, but that was particularly the case in 1984-85. Nobody seriously doubts that within that dispute there was infiltration of the National Union of Mineworkers at the highest level; there was infiltration by MI5 in the general secretary’s office, and there were agent provocateurs on the ground. State employees were directing people in the back to work movement, and we saw the use of the military on the picket line and the very clear politicisation of the police. It is good news that the Independent Police Complaints Commission is now investigating the possibility that evidence was tampered with at Orgreave—we may at last get the truth from that.
Despite that history—despite the fact that 11,000 people were arrested during the miners’ strike, hundreds were jailed and more than 1,000 people were sacked—there is a qualitative difference between that dispute and what we are dealing with today. At least in that dispute most people had an inkling of what they were being accused of. My hon. Friend the Member for Midlothian might not have liked the fact that he was accused of doing certain things, but at least he knew that that was happening to him. He lost his job because of what was said about him, but people do not have a clue that this blacklisting is happening to them—that is the really invidious thing. It is simply unfair for people to be facing that. The people facing the blacklisting are on that list without knowing it, without the chance to make their case and without there being any trace of natural justice.
These people may have been placed on that list with the collusion of the police and the Security Service—those are not my words, but the words of the investigation manager of the ICO. If the Secretary of State does nothing else as a result of this debate, he should surely invite that gentleman to come in and have a word with him. I know that it is an independent organisation, but it acts on behalf of this House and of the people we represent. If the people we pay to uphold the law of the land are perverting the course of justice in what they do by undermining people who are trying to carry out their legal duty to ensure that their health and safety and that of their colleagues is paramount, there is something seriously wrong. The fact that this might have happened before 2009, with the collusion of elements of the state, should in no way let them off the hook.
Grahame M. Morris (Easington) (Lab)
My hon. Friend refers to things that happened during the miners’ strike, when there were indeed great injustices, but this blacklisting was happening only last year, during the construction for the Olympics, so it is very recent. It is current, and it is a disgrace that people who are legitimately raising concerns about health and safety are finding themselves placed on blacklists and denied employment.
Mr Anderson
It is an absolute disgrace, and I could not agree more with my hon. Friend. As I say, the people being blacklisted are doing something that they are compelled to do by laws that we in his House passed 40 years ago. They are doing the right thing, but by doing so they are losing their employment at present and their potential for future employment.
This morning, we heard the Shrewsbury pickets give a moving description of what happened to them. The really desperate thing behind what happened to them is the fact that the state was involved. Even today, 40 years later, the state is refusing to put documentation into the public domain for reasons of “national security”. I do not accept that. I think that what is being done in the name of “national security” is clear: people are hiding behind “national security” to protect the guilty, to protect the men and women in the shadows—the Security Service, the police and, going back to 1972, the politicians. They were clearly directing what was going on, in order to undermine the people involved and make sure that they faced a charge of conspiracy, which could have led to them doing life imprisonment. That is not something that is going to happen to the building organisations, who were using force against these people; there is no criminal sanction for them. We have the chance to do something seriously good here today, and I hope that the Minister will give us some hope that she is actually going to do something about this.