Question to the Cabinet Office:

To ask the Minister for the Cabinet Office, what steps his Department is taking to prevent public contracts being awarded to companies that blacklist workers.

The Public Contracts Regulations 2015 contain exclusion grounds which allow contracting authorities to exclude suppliers from procurements where their tender does not comply with labour law or where the supplier is guilty of grave professional misconduct.

For example, a breach of the The Employment Relations Act 1999 (Blacklists) Regulations 2010, which prohibit the compilation, usage, sale or supply of blacklists of trade union members and activists, would render the supplier liable to potential exclusion.

In all cases, individual departments and other public sector bodies are responsible for their own decisions on these matters.

The Procurement Act, which is expected to go live in October 2024, builds on and clarifies the exclusions measures in the existing regime. This includes specific measures enabling the exclusion of suppliers for professional misconduct.