MP WELCOMES GOVERNMENT’S PLANS TO OUTLAW TRADE UNION BLACKLISTING

Expressing concerns at an oral evidence session of the Business Committee, Adrian Bailey was glad to hear how the Government would be putting forward proposals to make it unlawful for trade union members to be denied employment through secret blacklists.

The consultation document, announced by the Department for Business, Innovation and Skills, puts forward regulations which prohibit the compilation, dissemination and use of trade union blacklists. This follows the Information Commissioner having reported in March this year that 40 construction companies had subscribed to a database used to vet construction workers. This process has since been closed under data protection law. 

Adrian Bailey MP, West Bromwich West quizzed Business Secretary Lord Mandelson about the practice of blacklisting labour unions.

Mr Bailey asked:

“Are you in support of TUC concerns over discrimination against trade unionists in different sectors of business?

Business Secretary Lord Mandelson said;

“Blacklisting someone because they are a member of a trade union is totally unacceptable. I am determined to act quickly to stamp out this despicable practice. Today's proposals outline how we will deliver this”.

Adrian Bailey MP, West Bromwich West said after the evidence session:

“There are hundreds of Trades Union members in the West Midlands and individuals regularly helping their fellow employees and contributing to the success of the organisations which employ them. The idea that some employers can discriminate against trade union members and activists is appalling and I welcome the Labour Governments proposals to end this practice once and for all”

The main proposals announced today are:

• to make it unlawful for organisations to refuse employment or sack individuals as a result of appearing on a blacklist;
• to make it unlawful for employment agencies to refuse to provide a service on the basis of appearing on a blacklist; and
• to enable individuals or unions to pursue compensation or solicit action against those who compile, distribute or use blacklists.

This consultation will run for a shorter period than normal, for six weeks, to enable legislation to be brought forward as soon as possible. Labour Ministers plan to seek Parliamentary approval for the regulations in the autumn and implement them urgently as soon as it can thereafter.

ENDS

NOTES TO EDITORS

1. Under the Employment Relations Act 1999, the government has the power to introduce regulations prohibiting the blacklisting of workers for their union membership or activities.
2. In 2003, the government consulted on draft regulations, but at that time no hard evidence was found that blacklisting was taking place.  In response to the consultation, the government committed to reviewing the issue if hard evidence came forward.
3. In March the Information Commissioner reported that 40 construction companies had subscribed to a database used to vet construction workers, which has now been closed under data protection law.  On 27 May, Mr Ian Kerr, the individual who operated the database, pleaded guilty at Macclesfield Magistrates Court of committing a criminal offence under data protection law.    He will be sentenced in due course.
4. In response to this new evidence on 11 May 2009, Lord Mandelson announced that the Government would seek to bring forward legislation to outlaw blacklisting – the Ministerial statement to Parliament can be found here –