Construction Industry: Blacklisting

Debate between Margot James and Chuka Umunna

Wednesday 8th February 2017 Westminster Hall

[Margot James]

There is no further update. The Information Commissioner’s Office is undertaking such inquiries and when it reports to me I will consider the contents of what has been found.

The Information Commissioner’s Office is an independent regulatory body that was set up to investigate breaches of the Data Protection Act 1998. It has the power to take enforcement action, including searching premises and issuing enforcement notices and fines. Since April 2010, it has also had the power to issue a civil monetary penalty of up to £500,000 for serious breaches of the Act. That is a significant deterrent and a vast improvement on the previous rules, which allowed a maximum penalty of only £5,000. Data protection law is undergoing reform as a result of the general data protection regulation, which is to take effect on 25 May 2018. The powers of the Information Commissioner’s Office to impose fines will substantially increase as a result.

In 2009, the Information Commissioner’s Office established a fast-track helpline for those who thought that they might have been affected by the Consulting Association case. I congratulate the trade unions mentioned by the hon. Member for Ashfield (Gloria De Piero), which campaigned for and won compensation, and the Blacklist Support Group, members of whom are in the Public Gallery today, on their work on this matter.

When the Information Commissioner’s Office considered that a person might appear on the Consulting Association list, they were asked to provide further documentation. It has continued to run that service and to respond to written requests for information. To date, the helpline has received and responded to about 5,700 calls and 3,000 written requests. The nature of blacklisting is that it is secretive and discriminatory, however, and it can be difficult for individuals to know whether they have been affected by the practice. If people suspect that they have been blacklisted, they can report their concerns to the Information Commissioner’s Office, which will provide advice on how an individual may choose to take the matter further. The Information Commissioner has also attempted proactively to contact individuals who might have been affected, although that is only possible where up-to-date contact details are available.

[Mr Umunna]

The Minister is coughing so I will intervene to allow her to take a swig of water. While she is doing so, I will ask three questions. First, on a public inquiry, I understand what she says about the history, but the fact that events happened in the past has not stopped other big public inquiries, such as those into Bloody Sunday and Hillsborough. Will she explain why that should stand in the way of a public inquiry into blacklisting? Secondly, does she accept that it is difficult for the self-employed to use the legislative framework?

Finally, will she answer this point that has been made to me by people in the sector: there is a feeling that the Leveson inquiry into media behaviour came about in part because powerful, important people were subject to an abuse of media power and that, because we are talking about construction workers, the Government and the establishment are not taking the blacklisting matter as seriously. What does she say to people with that view?

[Margot James]

I will come back to the hon. Gentleman’s third question in a minute. On the second question, the self-employed are covered by the legislation. I accept that it may be more difficult for them to exercise any powers, but they are covered by the Data Protection Act. A self-employed individual may make a complaint to the Information Commissioner’s Office.

On the more vexed question asked by the hon. Gentleman, there have been public inquiries in the past to do with people without power who have been affected by dreadful instances. That we are talking about a group of workers who are traditionally not very powerful and perhaps do not earn huge amounts of money has nothing to do with the matter. Personally, I think that such individuals are more entitled to protection and safeguarding than the wealthy and powerful.

The compensation on offer is, absolutely, for serious amounts of money. The Information Commissioner’s Office has taken action, and approximately £100 million has been extracted from the industry for a compensation scheme and to satisfy the results of court actions. The matters we are discussing are being taken very seriously.

Banking (Responsibility and Reform)

Debate between Margot James and Chuka Umunna

Tuesday 7th February 2012 Commons Chamber

[Margot James (Stourbridge) (Con)]

In opening the debate, the shadow Business Secretary stressed the importance of a strong financial sector and called for a new culture, given the high pay and excessive bonuses that we have seen. Many of us on the Government Benches agreed with what he said in that direction and with the overall tone that he struck. He was asked how much money had been given away in bonuses under the last Government. According to my figures, £66 billion was paid out in bank bonuses under the last Government. Much of that was encouraged by the last Government, for the massive tax revenues that it generated, with more than 50% coming back to the Exchequer.

Much has been made of the linkage between businesses and bank lending, but I would dispute that. We need to see much more lending to small businesses, but, as I explained in an intervention, the reason for the current lending issues is not just that the banks will not lend. Opposition Members do businesses a disservice by continuing to promulgate the myth that banks will not lend, because one reason that businesses are reluctant to approach banks is that they think they will be rejected. We must not engage in too much rhetoric, accusing the banks of not lending, when RBS, for example, grants 85% of the loan applications that it receives from small and medium-sized enterprises.

[Mr Umunna]

First, I accept that the reason there is not as much lending to SMEs as one would expect is not just because of the banks, but because of people’s confidence in the economy—one might argue that the Government’s policies have had an effect on that. Secondly, I pointedly made it clear in my speech that it is not just a question of the banks not getting the money out of the door to robust, profitable businesses; rather, it is a question of their relationship with their business customers in this day and age. Often, people are put on the phone to some person in a regional office who knows nothing about their business and is therefore not in a position to assess the risk properly.

[Margot James]

First, on the causes of why businesses are not seeking loans to invest, that has much more to do with the eurozone crisis and the global economy in general. For any company seeking to export, there is a general nervousness across the world—not just in the west, but in China and the far east. Secondly, I agree with the hon. Gentleman about banks losing a lot of skills over the past 10 to 20 years in managing their business customers, but I see signs of change. I visited Barclays in Birmingham a couple of months ago, and I sensed the real commitment, along with an upgrading of skills, that that bank—to name one—is making to its business customers.