5 The way forward
71. So far, our inquiry has concentrated on historical
events and practices which may now have been changed. Certainly,
the Consulting Association no longer operates, and the construction
companies from whom we have taken evidence have been quite explicit
that they are no longer involved in blacklisting. We make no apology
for this; until 2009, this was a practice which was not widely
known about by the general public, and deserves the greater exposure
which we hope we have given it. Nevertheless, we wish to make
a constructive contribution to the debate as well as to expose
wrongdoing in the past, and we would therefore invite further
submissions to our inquiry as it continues. We would like to concentrate
on four issues:
- Is blacklisting still taking
place, both within the construction industry and more widely,
and especially in Scotland?
- Who should qualify for compensation? Anyone whose
name appeared on a blacklist? Those who can prove they were adversely
affected by blacklisting? Who should provide the compensation?
- What penalties are appropriate for those firms
and individuals who engaged in blacklisting and who benefited
financially from the process, and is it appropriate to introduce
a degree of retrospection? In addition, should firms which have
been involved in blacklisting be prevented from tendering for
public sector contracts in future? Or should they only be allowed
to tender if they pay compensation to those who have been blacklisted?
- Is the existing legislation against blacklisting
sufficient, if properly enforced, or do we need changes to the
law to eradicate the practice?
72. Once we have more evidence on these matters,
we intend to make a number of recommendations to the Government.
We also intend to continue our investigation into the operation
of the Consulting Association, to try to resolve various anomalies
in the evidence we have heard, and take further evidence from
construction companies. Only once the truth, the whole truth and
nothing but the truth is known will it be possible for individuals
who were affected to be properly recognised and recompensed for
their suffering.
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