Agenda item

Construction Industry Blacklisting

To consider a motion proposed by Councillor Evans and seconded by Councillor Peter Smith.

 

Minutes:

Councillor Evans moved and Councillor Peter Smith seconded the motion as follows – 

 

‘Construction Industry Blacklisting

 

A number of construction companies have been challenged about supporting the existence of and subscribing to unlawful construction industry ‘blacklists’, which detail covertly gathered information on construction trade unionism, militant tendencies, poor timekeeping, trouble making, etc. Blacklisting is an unacceptable practice and cannot be condoned.  The GMB union is leading a national campaign aimed at forcing those who have been involved in blacklisting to apologise to those who have been affected by it.

It is understood that the construction industry blacklist was collated by the Consulting Association (a private consultancy) and was then provided at a cost to construction companies as they sought to recruit/avoid new workers.  The Information Commissioner has investigated and taken action against the Consulting Association for this practice.  Furthermore, the Information Commissioner has taken enforcement action against a number of construction companies based on the evidence recovered from the Consulting Association.

Owing to the concentration of construction activity in and around large cities, many of those alleged to have been discriminated against live in the country’s major cities, and this practice may have disadvantaged residents of Plymouth.
 

Given the potential impact on residents of the Plymouth area, this council –

 

 

(a)

deplores the use of unlawful blacklisting;

 

 

(b)

supports the GMB campaign;

 

 

(c)

agrees to amend  the council’s tender documentation for construction projects, which will request bidders to confirm that they do not subscribe to the use of unlawful construction industry ‘blacklists’ and exclude tenderers who use such blacklists, and further, will terminate the contract where the contractor is subsequently found to have used such blacklists;

 

 

(d)

will encourage its partners to take similar measures with regard to their suppliers.’

 

In moving the motion, Councillor Evans indicated that he was supporting local people and employment.  He was aware of issues with some companies and a list of those companies would be provided to the procurement team for them to scrutinise.

 

During the debate, issues raised included that -   

 

(e)

that the procurement team had already adopted the policy; 

 

(f)

that if the practice was unlawful, it should be reported to the police and the council would not have a contract with the company concerned. 

 

The Assistant Director for Democracy and Governance confirmed that the council always followed procurement law.

 

Following a request from ten councillors for a recorded vote, there voted –

 

For the motion (26)

 

Councillors Bowie, Casey, Coker, Damarell, P. Davey, S Davey, Evans, Fox, Gordon, Haydon, Jarvis, Lowry, McDonald, Murphy, Mrs Nelder, Parker, Penberthy, Rennie,  J. Smith, P. Smith, Stevens, J. Taylor, Tuffin, Tuohy, Vincent and Wheeler.

 

Against the motion (0)

 

Abstentions (23)

 

Councillors Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Nicholson, Mrs Nicholson, Mrs Pengelly, Ricketts, Dr Salter, Stark, Wigens and the Lord Mayor.

 

The following members were absent (8)

 

Councillors Mrs Aspinall, Browne, Mrs Dolan, Drean, Monahan, Singh (Deputy Lord Mayor, Kate Taylor and Williams.

 

The motion was agreed and given the potential impact on residents of the Plymouth area, this council –

  

(1)

deplores the use of unlawful blacklisting;

 

(2)

supports the GMB campaign;

 

(3)

agrees to amend  the councils tender documentation for construction projects, which will request bidders to confirm that they do not subscribe to the use of unlawful construction industry ‘blacklists’ and exclude tenderers who use such blacklists, and further, will terminate the contract where the contractor is subsequently found to have used such blacklists;

 

(4)

will encourage its partners to take similar measures with regard to their suppliers.

 

Supporting documents: