Blacklisting

Stephanie Peacock Excerpts

Tuesday 5th September 2017 Westminster Hall

[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”.

[Stephanie Peacock (Barnsley East) (Lab)]

Does my hon. Friend agree that we should commend the work of trade unions on the issue? The GMB, for example, has already secured £630,000 in my region of Yorkshire, but it is clear that there is more to do.

[Chuka Umunna]

That is absolutely right. All Members who have spoken or undertaken any activity on this issue would have found it much harder to do what we have done without the trade unions providing support and information and uncovering what happened.

I have to say to the Minister that I just do not understand why the Government and her Department are so resistant to having a public inquiry. What are they so afraid of? At the end of the 2010-15 Parliament, I made it very clear to her Department, which I was hoping to run after the 2015 general election, that, if Labour won that election, I would be giving instructions for the establishment of such a public inquiry. I was very clear on that to the permanent secretary. It can be done, it needs to be done and, above all, the thousands of people who have suffered need it to be done. At the same time that they need it to be done, those who were ultimately responsible for all of this have got off scot-free.

I have provided the evidence to the Minister orally—I will provide the documents so she can see them in detail —that this is still going on. To her and the Government, who claim to look out for the interests of workers, I say: put your money where your mouth is, deliver on the public inquiry and let us get justice for those who have suffered and those who are still suffering.