3 An historic practice?
Contemporary
blacklisting
47. In July 2014, trade union representatives told
us that they believed that the practice of blacklisting in the
construction industry was ongoing. Justin Bowden identified Atlanco
Rimec as a "contemporary blacklister", and stated with
"all confidence" that Atlanco Rimec has been undertaking
blacklisting of workers in the extremely recent past.[55]
Atlanco Rimec was set up in 1994 as a recruitment agency in Ireland.
It is now a multi-national organisation with offices in the UK,
Denmark, Norway, Portugal, Spain, Cyprus and Poland. It consists
of a "complex and sophisticated web of over 60 companies"
throughout Europe, but is essentially an Employment Agency with
a database of over 50,000 names.[56]
48. Of particular concern to us was the allegation
made by the trade union representatives that several of the companies
who operated the Consulting Association database use Atlanco Rimec
to provide labour for them. Justin Bowden claimed to have "uncovered
an apparent crossover" between those two lists.[57]
Gail Cartmail suggested that "the spread of the effect of
this [Atlanco Rimec] blacklisting is possibly wider than even
those companies that subscribed to TCA".[58]
We have not been in a position to explore these claims in greater
detail, but suggest that this issue is pursued by our successor
Committee in the new Parliament.
Code of Conduct
49. In our previous reports we noted that the real
test of whether or not a company has self-cleansed included a
number of elements, including a transparent employment policy
and positive action measure to upskill and re-employ previously
blacklisted workers. A TCWCS statement noted that:
all eight companies recognise that the activities
of TCA were unacceptable and regret their involvement; they are
sorry that information was held about individuals and for any
hardship suffered as a result. To demonstrate their commitment
to ensuring that such activity remains firmly in the past, the
companies intend to sign up to the voluntary code of conduct that
is being developed by the Chartered Institute of Personnel and
Development to ensure full transparency in pre-employment vetting
processes.[59]
Peter Cheese, Chief Executive of the CIPD (the professional
body for HR and people development) confirmed that he had been
contacted by the schemes administrators in December 2013 to produce
a Code of Conduct on Pre-Employment vetting specifically for the
construction sector.[60]
However, given the attitude of the majority of the companies complicit
in this practice in the past, and the concerns noted above that
the practice of blacklisting may be ongoing, Gail Cartmail identified
the need for a "statutory code of practice".[61]
50. Given the
denial and duplicitous practices we have encountered on the part
of many of the companies who were complicit in blacklisting, we
have no confidence in the sector to neither self-cleanse on a
voluntary basis nor to take sufficiently robust steps to eradicate
the practice of blacklisting in the future. A voluntary code of
conduct for pre-employment vetting in the construction company
is insufficient. A statutory code of practice is required.
Police and Security Service involvement
51. During the timeframe of our inquiry, there have
been regular allegations in the press in relation to police and
security service involvement in blacklisting. We did not pursue
this issue - as it detracted from the main focus on the two main
issues of seeking redress for blacklisted workers and recommending
changes in term of procurement and best practice in employment
in an attempt to eradicate the practice of blacklisting in the
construction industry. In early March 2015, UCATT published a
statement which stated that "the union was infiltrated by
the Metropolitan Police's Special Demonstration Squad (SDS). The
revelation creates fresh questions about the police's role in
the blacklisting of trade unionists and their covert manipulation
of working class organisations".[62]
52. We are not
in a position to comment on recent allegations in relation to
police and security service involvement in blacklisting in the
construction and other sectors. However, the allegations raise
doubt as to whether all the information in relation to the full
extent of the practice is the numbers of those affected is known,
and is in the public domain. We recommend that our successor Committee
should pursue this issue.
55 Q 3703 Back
56
GMB written evidence. (BIE0003) Back
57
Ibid. Back
58
Q 3708 Back
59
www.tcwcs.co.uk Back
60
Letter from Mr Peter Cheese, 13 March 2015 Back
61
Q 3673 Back
62
http://www.ucatt.org.uk/ucatt-exposes-infiltration-police. On
12 March 2015,Neil Findlay MSP submitted motion number S4M-12653to
the Scottish Parliament which highlighted the issue of security
service involvement. The motion read as follows:That the Parliament
welcomes the launch on 12 March 2015 in the House of Commons of
the book, Blacklisted, by Dave Smith and Phil Chamberlain; notes
that the book exposes what it argues is an illegal blacklisting
scandal orchestrated by some of the largest multinational construction
companies in the UK; understands that it uncovers previously unseen
documentary evidence about the role of undercover police spying
units in colluding with this and exposes the way in which ordinary
men and women were believed to be systematically denied employment
simply for standing up for their basic rights, and further understands
that across Scotland and the rest of the UK these companies are
still being awarded publicly-funded contracts despite never admitting
wrongdoing nor apologising and paying compensation to the workers
affected Back
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