Blacklisting

Ian Murray Excerpts

Wednesday 23rd January 2013 Commons Chamber

[Ian Murray (Edinburgh South) (Lab)]

What we have seen today is a stark reminder that workplace practices that should have no place in modern society continue to scar national decency.

I have to begin by responding to the Secretary of State. I thought that he got the mood of the House completely wrong in his response to my hon. Friend the Member for Streatham (Mr Umunna). This debate is not supposed to be political, and when Government Members read some of the views that they expressed in Hansard they may find them somewhat regrettable.

The word “blacklisting” is a malicious term that means to deny, ostracise or dismiss. We have heard the history from Charles II, cited by my hon. Friend the Member for Wansbeck (Ian Lavery), to the early 20th century, discussed by my hon. Friend the Member for Bassetlaw (John Mann); from the Economic League in 1919 to the Consulting Association, which began operating in the 1990s. Clandestine organisations have sought to conspire to gather information on individuals whom they deem to be a problem. It has to be stated that it is only through the tireless efforts, as my hon. Friend the Member for Hayes and Harlington (John McDonnell) said, of those individuals who suspected that something was afoot that blacklisting has been exposed. Great credit must go not only to those individuals but to the union, UCATT, and particularly Professor Keith Ewing for his report on blacklisting.

While the Consulting Association has long since been closed down, work to help those whose lives were blighted by the blacklists must continue, and that is the driving force of the debate and the motion. This is not a minor issue. My hon. Friend the Member for Streatham has provided in-depth analysis of the issue, but it is worth reflecting on a few key facts. More than 3,000 individuals were on the blacklist that was seized by the Information Commissioner. More than 40 construction companies were not only vetting people but supplying information for those lists. Critically, the Information Commissioner’s investigations manager gave evidence to the Scottish Affairs Committee in which he raised concerns that some of the information in individual files could only have come from the police and security services—I repeat: the police and security services. Perhaps the hon. Member for Daventry (Chris Heaton-Harris) will wish to reflect on that following his comments about this being just a union wheeze.

Mr Ian Kerr, who ran the Consulting Association and sadly passed away late last year, told the Scottish Affairs Committee that some of the information that he had obtained looked as if it had come from formal authorities. He said that in response to the Chair reading from a blacklist file that contained information on a worker’s van, the registration plate, and who it was formerly registered with, as well as the owner’s name, address and details. There are entries in unredacted files—my hon. Friend the Member for Hayes and Harlington mentioned a file that he had—and I should like to read two that I have seen, and perhaps the House will reflect on whether or not this is just about trade unions:

“2000 April: Last viewed holding a banner supporting Barbie Lindsay at Pic-APak (…Believed to have a bricklaying ticket & Carpenter’s).”

“1999 July 12^th: Still picketing until 0930am”

each day before going to college

“for safety course.”

Those are entries in unredacted blacklist files.

Only last week, we heard an admission from Balfour Beatty that it carried out blacklisting checks on Olympic construction sites, with allegations that in projects including those for the Ministry of Defence and Crossrail, there may have been vetting of workers. My right hon. Friend the Member for Dulwich and West Norwood (Dame Tessa Jowell) is absolutely right: the fact that employees obtained jobs is irrelevant—it is the fact that they were checked on a blacklist in the first place, which is something that Government Members have not mentioned.

The public projects are plentiful. The Scottish Affairs Committee heard yesterday from Sir Robert McAlpine Ltd that it may have used blacklists on Scottish building contracts such as the M74, the Quartermile development in Edinburgh and the Marie Curie cancer care centre in Glasgow. Sir Robert McAlpine Ltd said that it had not been established that anyone was denied employment as a result of those blacklisting checks, but that misses the point.

I have written to the First Minister in Scotland to ask him to investigate the use of blacklists in relation to public construction works in Scotland. Just this morning I received information following a written question from Neil Findlay, a Member of the Scottish Parliament, asking if the Scottish Government have awarded contracts to any of the companies mentioned on the Information Commissioner’s list. The reply came back naming 14 companies, including companies involved in the new Forth crossing. I quote from the written reply from Ms Nicola Sturgeon MSP, the Deputy Leader of the Scottish Parliament, who states:

“We are not aware of any evidence to suggest that blacklisting has been used in connection with the performance of any of these contracts.”—[Scottish Parliament Official Report, 22 January 2013; S4W-11922.]

That is precisely why we need a full investigation by both Governments to get to the bottom of what is happening and to determine whether any blacklisting still exists.

It is clear, again from evidence given by Ian Kerr to the Scottish Affairs Committee, that it is not just construction workers who were blacklisted, but environmentalists, as we have heard, journalists, academics and Members of this House, past and present. My right hon. Friend the Member for Coatbridge, Chryston and Bellshill (Mr Clarke) has been blacklisted, as have my noble Friend Lord McAvoy, my right hon. Friend the Member for Neath (Mr Hain) and the former Prime Minister, my right hon. Friend the Member for Kirkcaldy and Cowdenbeath (Mr Brown).

Most shockingly—I direct this to the hon. Member for Keighley (Kris Hopkins)—this is not just about the trade unions. The most shocking example of an unredacted file that I have come across is a blacklist file for Professor Charles Woolfson, who wrote the report on the health and safety analysis of the Piper Alpha tragedy. I shall read part of the file. It is from December 1995, so it was during the period of the Consulting Association. It states:

“Author of contradictory findings on Health and Safety after Piper Alpha tragedy. Saying standards laid down since, are not being adhered to.”

It goes on to say:

“His activities are now being felt . . . Funding from oil industry to Glasgow University may be cut if the above activities continue”.

That is a non-construction industry health and safety blacklist file on a very senior academic at Glasgow university who analysed one of the biggest tragedies that ever befell the oil and gas industry in this country.

The majority of those blacklisted had no idea they were included on the secret lists and still do not know to this day. They have had their lives ruined by that, but one of the consequences that cannot be assessed is how many workers have been put off representing their colleagues on health and safety issues. My hon. Friend the Member for North East Derbyshire (Natascha Engel) mentioned that blacklisting has harmed health and safety representation.

It may be worth looking at two other files that I came across among the Consulting Association files. One stated:

“Migratory habits watched with interest Keeps extremely interesting company. Brought in H&S issues. Would not recommend for employment”

because of those health and safety issues.

The second file stated:

“Dark haired, stocky Liverpudlian with a strong accent. Close friend of Mr Smith. Both recently seen at a Left Wing meeting. . . Girlfriend is Miss L who has been involved in several marriages of convenience.”

These are from blacklist files that have been given to me unredacted. It is very clear what has been going on in the industry.

Let me summarise the debate and ask three things, which I hope the Minister will respond to more positively than the Secretary of State did earlier. First, there is an urgent need for investigation into blacklisting on public sector projects. The Secretary of State challenges this, but the Scottish Affairs Committee has presented powerful new evidence that merits an investigation into the past which, if done properly, will, I think, produce evidence for the present and the future. Secondly, there is a desperate need for a more proactive approach by the Information Commissioner’s Office. It is vital that the ICO puts in place immediately an effective process for trying to inform individual victims of blacklisting so that they can seek redress. If the blacklisting files for hon. Members are available, they should be produced. There is no excuse for the Information Commissioner to say that they cannot be identified or the ICO does not know where they are. Thirdly, we need a review of current legal protections, of which there are many, and hon. Members have mentioned them.

Finally, we are calling for a compensation fund to be set up by the construction companies to allow those workers who have been blacklisted to seek redress and justice through the fund. Blacklisting, as my hon. Friend the shadow Business Secretary said, is a national scandal. The House and Ministers need to do all they can to ensure that justice is sought and make sure that this never happens again.

My final point is that, if the Secretary of State is going to support the motion, and not divide the House, he will be supporting a motion that asks for an immediate investigation into the issues that we have been discussing today. If he declines to hold such an investigation, he will be going against the will of the House. I commend the motion to the House.