Blacklisting

Steve Rotheram Excerpts

Wednesday 23rd January 2013 Commons Chamber

[Vince Cable]

I hope the hon. Gentleman will agree that those are quite different things. If we are reopening the past, that is a different kind of inquiry conducted by different people in a different time frame. I need to be clear about what we are being asked to do.

[Steve Rotheram (Liverpool, Walton) (Lab)]

On the point that the Secretary of State just made, would it not be fantastic if everybody accused of wrongdoing did the police’s job and brought the evidence to the likes of the Secretary of State? The right hon. Gentleman is the Secretary of State. He can order the inquiry and he should do so.

[Vince Cable]

As I just said, if I can see any evidence that, under our Government—I have responsibility in this area—wrongdoing is taking place, or even evidence that suggests that it is taking place, I am very happy to investigate it. Nobody has yet come forward. As regards the past, one of the features that was not referred to earlier is the fact that the previous Government made it absolutely clear that the penalties and redress were not retrospective. That is what the previous Government determined. They could have applied fines retrospectively; they did not. They drew a line under history in 2010. That was their decision and that is what I inherited.

--- Later in debate ---

[Steve Rotheram (Liverpool, Walton) (Lab)]

I congratulate the shadow Business Secretary, my hon. Friend the Member for Streatham (Mr Umunna), on demonstrating Labour’s solidarity with the construction industry by tabling the motion for today’s important debate. I also congratulate all Members who have spoken—with the obvious exception of the hon. Member for Keighley (Kris Hopkins), who could not even be bothered to follow parliamentary convention and stay in the Chamber for two speeches after he had spoken.

After decades in which successive Parliaments have failed to rectify a national disgrace, we would not be here today without the solidarity, dignity and determination of the rank-and-file construction workers, whose spirit and tenacity in the face of adversity and hardship has been truly inspirational. I would like to place on record my gratitude to the Union of Construction, Allied Trades and Technicians, which I first joined as a teenage apprentice bricklayer in 1979—[Interruption.] No, it was not child labour. UCATT has led the fight on behalf of construction workers for many decades.

In October last year, I tabled early-day motion 609, entitled “Blacklisted Workers”, which urged colleagues to support the call for justice for those placed on lists that prevented them from gaining or retaining jobs. To date, the early-day motion has received the support of 68 Members from six political parties. It should be pointed out, however, that not a single Conservative and only one Liberal Democrat bothered to sign it. Perhaps that will change after today’s debate, which has given us the chance to put clearly on the record whether we are on the side of insidious and immoral business practices or on the side of ordinary hard-working people.

Let me also declare an interest. Before coming to this place, I spent the best part of three decades working in the construction sector in one guise or another and saw first hand the effect that blacklisting had. Blacklisting is a national scandal, and recent revelations have demonstrated that the regulations introduced in the last decades did not go far enough.

I want to use my contribution to outline three things that I believe must now happen. First, I absolutely want to see all forms of blacklisting made illegal; secondly, I want to see criminal sanctions brought to bear against any individual or organisation that supplied, solicited or used blacklisting material; and finally, I want to see the introduction through primary legislation of a blacklisted worker’s right to compensation.

March 2009 proved to be a landmark moment for the construction industry. As we have heard, the ICO uncovered evidence against 44 companies—44 of some of the biggest companies in the industry—clearly showing that they were corrupt to the very core. They had purchased blacklists and used them to deny construction workers their legitimate right of employment. What made these revelations all the more devastating was that the companies that used blacklists were the same companies profiteering from millions of pounds of taxpayers’ money through public sector contracts.

How do we begin to end this scandal? It has to start by making blacklisting illegal. Looking specifically at the legislation that governs the rights of trade union members, we can clearly see that it does not offer adequate protection. First, section 137 of the Trade Union and Labour Relations (Consolidation) Act 1992 makes it unlawful for an employer to refuse to employ someone because of his or her membership or non-membership of a trade union. The Act does not make blacklisting illegal.

Secondly, there is the Data Protection Act 1998—the Act eventually used to prosecute Ian Kerr, the man who ran the Consulting Association. It is unclear with this Act whether or not a person’s trade union activity qualifies as data in the same way as details of a person’s trade union membership number qualifies as data. The gap in legislation needs to be addressed, because until we amend the law explicitly to state that blacklisting is illegal, the Act will not adequately protect workers.

The third piece of legislation is the Employment Relations Act 1999, which empowers the Secretary of State to make regulations prohibiting the use or sale of blacklists. The last Labour Government did many things well—we improved the health and safety of construction workers, and their employment rights, more than any other Government in history—but, in my opinion, we missed the chance to end this scandal once and for all. I hope that the Secretary of State will learn from previous mistakes.

I shall have to leave out the next bit of my speech, because the time limit is down to six minutes, and after taking out four pages—I think I am finally there—

[Ian Mearns]

Will my hon. Friend give way?

[Steve Rotheram]

Of course.

[Ian Mearns]

I wonder whether, in the last couple of moments available to him, my hon. Friend has time to suggest what should happen to those who are guilty of using blacklists as part of their employment practice.

[Steve Rotheram]

I thank my hon. Friend for saving me.

I know from personal experience that those who found themselves on blacklists were the kind of workers who fought for a safer work environment for themselves and their colleagues. They were the kind of workers who did not turn a blind eye when the company tried to dock apprentices’ wages, or failed to pay the work force on time. What kind of Parliament would we be if we failed to stand up for responsible workers who have been punished by irresponsible companies for many years?

We should all remember that blacklisting was not an act of blissful ignorance, but an act of blatant immorality. It should never be allowed to happen again.