Blacklist contractors could face public work ban


By Grant Prior

Government ministers have not ruled out banning contractors caught-up in the blacklisting scandal from bidding for public work.
Employment minister Pat McFadden confirmed his department has been examining evidence seized in the blacklist inquiry before it "decides what action to take."
The Information Commissioner discovered that details were held secretly on 3,300 construction workers by a company called The Consulting Association.
Forty leading contractors were subscribers to the service and The Consulting Association is facing prosecution under data protection laws.
MPs at a Parliamentary debate on the scandal this week called for contractors found to be blacklisting people to be barred from public contracts.
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Livingston MP Jim Devine said: "Why do we not just tell the companies on the list that they will not get government contracts?"
McFadden said: "About 18 contractors appear to have used the system recently.
“The government need to decide whether those activities fall within the definition of blacklisting found in section 3 of the 1999 Act.
"Earlier this month my officials spent two days at the offices of the Information Commissioner and they have examined much of the material that he has taken from The Consulting Association. My noble Friend the Secretary of State and I will closely examine their findings on the material and decide what action to take.
"Any company, whether it works on public contracts or not, should comply with the law of the land. We expect companies not to break either data protection law or trade union law when planning or undertaking work for the public sector. Of course we recognise that construction companies need to ensure that they recruit the right calibre of person for the job, but there is no need to undertake covert and unfair vetting of the kind that The Consulting Association appears to have performed.
"Our objective is to assess precisely whether the activities undertaken represent the kind of blacklisting activity that section 3 of the 1999 Act was designed to cover.
"We will take the matter seriously and the government will make a decision on how to proceed."


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