- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Friday, 02 November 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what information it has on how many people might have been on blacklists operated by the construction sector in Scotland since 2007.
Answer
The Scottish Government does not hold this information. The Information Commissioners Office (ICO) published details of construction companies which subscribed to the Consulting Association. This list can be found at the ICO website. The ICO assumed control of the Consulting Association’s database and are operating a telephone service for people to check whether information about them was held on it.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Friday, 02 November 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what discussions it has had since 2007 with (a) employers and (b) trade unions about the use of blacklists in the construction sector.
Answer
Whilst the Scottish Government has not had discussions with employers and/or trade unions about the use of blacklists in the construction sector, we are totally opposed to blacklisting or the compiling of a blacklist on such a basis. We welcome the current inquiry into blacklisting by the House of Commons Scottish Affairs Committee and the investigation carried out by the Information Commissioners Officer (ICO) into the Consulting Association. We also commend subsequent actions taken by the ICO, including assuming control of the company’s database.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Friday, 02 November 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what action it has taken since 2007 to determine (a) whether companies in the construction sector use blacklists and (b) the extent of their use.
Answer
The Scottish Government is aware of the investigation carried out by the Information Commissioner’s Office into practices of the Consulting Association which has now ceased trading, and the subsequent penalty imposed on them for a breach of the Data Protection Act in 2009. Companies which are awarded public contracts are expected to maintain high standards of business and professional conduct. Companies' suitability and their compliance with all relevant legal obligations are considered on a case by case basis prior to the award of every high value public contract.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Friday, 02 November 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what information it has on whether companies awarded contracts by (a) it and (b) its agencies since 2007 have been named by the Information Commissioner's Office as using construction sector blacklists.
Answer
A number of companies that have been awarded contracts by the Scottish Government and its agencies since 2007 have been named by the ICO as companies which subscribed to the Consulting Association. The Scottish Government is totally opposed to blacklisting or the compiling of a blacklist. We have no evidence that blacklisting has been used in connection with the performance of any contracts awarded by the Scottish Government or its agencies. Companies which are awarded public contracts are expected to maintain high standards of business and professional conduct. Companies' suitability and their compliance with all relevant legal obligations are considered on a case by case basis prior to the award of every high value public contract.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 06 December 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government how many of the companies listed on the recovered Consulting Association's database (a) are engaged in or (b) have been awarded Scottish Government contracts or subcontracts since 2007 and what the value is of any such contracts.
Answer
I refer the member to the answer to question S4W-10877 on 18 December 2012. Information is not held centrally on the award and value of subcontracts awarded to companies named by the Information Commissioner’s Office as companies which subscribed to the Consulting Association.
All answers to written parliamentary questions are available on the Parliament’s website, the search facility for which can be found at:
http://www.scottish.parliament.uk/parliamentarybusiness/28877.aspx.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 06 December 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government whether it plans to look into the past activities of the Consulting Association and their impact on employment in Scotland.
Answer
The Scottish Government has no plans to look into the past activities of the Consulting Association and their impact on employment in Scotland. The company has already been the subject of a successful investigation by the Information Commissioner’s Office resulting in a penalty being imposed for a breach of the Data Protection Act.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 06 December 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what information it has on how many companies that operate in Scotland were listed on the Consulting Association's database.
Answer
We do not hold this information. The ICO published details of construction companies which subscribed to the Consulting Association on their website. This list can be found at:
http://www.ico.gov.uk/news/current_topics/consulting_association.aspx.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 06 December 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what action it is taking in light of the reports about blacklisting in the construction industry.
Answer
Companies which are awarded public contracts are expected to maintain high standards of business and professional conduct. Companies’ suitability and their compliance with all relevant legal obligations are considered on a case by case basis prior to the award of every high value public contract.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 06 December 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government what information it has on how many Scottish construction workers were on the blacklist operated by the Consulting Association.
Answer
We do not hold this information. The ICO assumed control of the Consulting Association’s database and are operating a telephone service for people to check whether information about them was held on it. This service is being run until related employment tribunal hearings are concluded. At that stage the ICO will decide whether to continue the service.
- Asked by: Neil Findlay, MSP for Lothian, Scottish Labour
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Date lodged: Thursday, 06 December 2012
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Current Status:
Answered by John Swinney on 18 December 2012
To ask the Scottish Government whether it will commission an independent report to determine whether or not blacklisting is continuing in the construction industry.
Answer
The Scottish Government has no plans to commission an independent report to determine whether blacklist is continuing in the construction sector. The House of Commons Scottish Affairs Committee is currently carrying out an inquiry. The findings of this inquiry, which the chairman said is to determine the scale of the problem and what is being done to eradicate it, will facilitate further areas of investigation.