Blacklist Britain

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:00:12. > :00:17.Tonight on Panorama. One of British industry's darkest secrets revealed.

:00:17. > :00:21.There was work, then all of a sudden, nothing. It was not until

:00:21. > :00:26.the blacklist came out that I found out I was on it.

:00:26. > :00:32.A secret list, used by some of the UK's biggest construction companies

:00:32. > :00:36.that denied people work for years. To conspire together, to try to

:00:36. > :00:40.drive these people out of the industry is outrageous. It should be

:00:40. > :00:45.the subject of punishment. We have the first television

:00:45. > :00:51.interview with the woman who helped to run the list - tending the files

:00:51. > :00:55.that destroyed lives. A lot of these people who didn't

:00:55. > :01:01.work for years, they were their own worst enemies.

:01:01. > :01:05.And we talk to those who claimed blacklisting is still going on. That

:01:05. > :01:11.if you find yourself marked out, you will never work again.

:01:11. > :01:16.There were times we ran out of food. The cupboards were empty. The Mrs,

:01:16. > :01:23.she was balling her eyes out. No money to pick the kids up from

:01:23. > :01:33.school and she was screaming at me, " What have you done? What have you

:01:33. > :01:43.

:01:43. > :01:48.multibillion pound building industry has been hiding a dark secret. A

:01:48. > :01:55.covert organisation that built up confidential files on thousands of

:01:55. > :02:00.workers. What those files amounted to was a

:02:00. > :02:07.blacklist, with the power to deny people work and destroy livelihoods.

:02:07. > :02:12.Workers were not told that they were on the list. They just saw their

:02:12. > :02:16.work stop. You could not beat the blacklist. It

:02:16. > :02:21.was an overpowering thing, it decided whether you started work on

:02:21. > :02:27.a site, on a job, anywhere. People think you cannot do your job.

:02:27. > :02:32.That you are useless, but that is not the case. It is the case that

:02:32. > :02:36.your national insurance number has been put on a secret database.

:02:36. > :02:41.The list was paid for by some of the biggest names in the construction

:02:41. > :02:45.industry. It involves some of Europe's largest projects. The

:02:45. > :02:49.Olympic site, the London Underground, the Jubilee Line

:02:49. > :02:54.extension, the Dome and Portcullis House. All money paid for with

:02:54. > :03:01.public money. The files were kept in a small

:03:01. > :03:10.office in the West Midlands. Ian Kerr, a former art teacher, and

:03:10. > :03:18.his wife, Mary, were the consultant Consulting association that compiled

:03:18. > :03:22.and held the blacklist. Ian Kerr died at the end of last year. His

:03:22. > :03:25.wife Mary has now agreed to speak about the undercover vetting

:03:25. > :03:33.service. She has asked we do not show her face.

:03:33. > :03:37.What was your role for the Consultanting Association? I was the

:03:37. > :03:45.book-keeper for several years. I did the clerical things, sending out

:03:45. > :03:49.invoices. Piecing male r mail out. I checked the faxes of names.

:03:49. > :03:53.It is reasonable to say that you are the person that knowsth most about

:03:54. > :04:02.what was going on -- knows the most about what was going on there?

:04:02. > :04:10.the only person alive who knows the truth.

:04:10. > :04:16.The list emerged out of the disputes of the 197 #0s, and the 1980s.

:04:16. > :04:23.construction industry were caught out bad ly 1970s. As a result of

:04:23. > :04:27.that, they were determined to weed out any trouble makers.

:04:27. > :04:34.The construction companies had always denied the existence of the

:04:34. > :04:39.list. Yet 43 companies subscribed to, including Skanska, Balfour

:04:39. > :04:49.Beatty and Sir Robert McAlpine. 3,200 workers were on the list. Only

:04:49. > :04:51.

:04:51. > :04:56.now are many of their files coming to light.

:04:56. > :05:00.So this is the first time that I have had a chance to see the files.

:05:00. > :05:06.What is striking, immediately, it is the level of detail that is

:05:06. > :05:11.contained within here. This is a lot more than a mere

:05:11. > :05:15.blacklist. This is detail about people's lives, about the work that

:05:15. > :05:20.they were doing. This case for example it describes him as being

:05:20. > :05:26.involved in union activity. You sort of expect that but then says he is a

:05:26. > :05:32.bit of a sheep. The next file has years of information. Decades. It

:05:32. > :05:37.goes back to 1982. Other files have registration plates, details of

:05:37. > :05:45.relationships. This was not just a list. This was a file that covered

:05:45. > :05:52.people's lives. Many had no idea that they were on

:05:52. > :05:58.the list. All they had was suspicion and years without work.

:05:58. > :06:03.I work in the electrical contracting industry. I found out I was

:06:03. > :06:09.blacklisted, not just with one company but withle whoet industry.

:06:09. > :06:15.That was devastating. I'm a joiner, and a carpenter. I found out I was

:06:15. > :06:25.on the blacklist. I have been unemployed for long spells. I'm an

:06:25. > :06:28.

:06:28. > :06:33.electrician, I always had work, then all of a sudden, nothing.

:06:33. > :06:38.What was it like when you saw your file and saw what was within it?

:06:38. > :06:45.First I was a bit shocked to find out I was on it. I was a bit angry.

:06:45. > :06:51.Once I got the file and I read why I had been blacklisted, then I was

:06:51. > :06:57.angry and shocked. It was like, where have they got this from? It

:06:57. > :07:02.was nonsense. According to his file, Howard had

:07:02. > :07:10.been involved in disputes while working on the extension to the

:07:10. > :07:15.London Underground Jubilee Line. A project notorious for its problems.

:07:15. > :07:21.As I looked down I saw the first entry as to why I had been put on

:07:21. > :07:24.it. It was for working on the Jubilee Line. It is a job I have

:07:24. > :07:30.never worked on. Everything about that file that

:07:30. > :07:34.destroyed your life was there in that one page? Yeah, just that one

:07:34. > :07:39.page, basically. My date of birth, the national insurance number and

:07:39. > :07:45.that line off the Jubilee Line that basically stopped me working for the

:07:45. > :07:50.past 15 years. Roy was blacklisted after being'

:07:50. > :07:53.elected the health and safety steward on a site. He was lible

:07:53. > :07:58.libled independent. Even accused of benefit fraud.

:07:58. > :08:02.I looked at the opening pages of your file. It is very personal. It

:08:02. > :08:08.talks about you as being a sheep, being independent. This is

:08:08. > :08:14.information that is being circulating about you.

:08:14. > :08:19.I was mortified. I am a reasonable person by nature, but I found myself

:08:19. > :08:24.thinking that they had been colluding against me.

:08:24. > :08:29.And the other thing it makes reference to, is that I was signing

:08:29. > :08:38.on while I was working, that I was claiming unemployment benefit back

:08:38. > :08:44.then, but that is totally untrue. It is unsob Stan Secretary of Stated

:08:44. > :08:47.allegations, again, it makes you realise it is being passed around

:08:48. > :08:51.over a 14-year period amongst companies.

:08:51. > :08:56.Mary Kerr still believes that the list was justified.

:08:56. > :09:01.Unfortunately, there are people in this life who do cause trouble. I

:09:01. > :09:05.can't say whether every person on that list caused genuine trouble but

:09:05. > :09:12.certainly I know some of them would have.

:09:12. > :09:17.What about the idea of placing information on a secret list that

:09:17. > :09:20.was not checked for accuracy and not verified? How do you feel about

:09:20. > :09:25.that? Well it should have been accurate.

:09:26. > :09:33.But nobody was checking, were they? Well, who would check? The

:09:33. > :09:38.information came from the companies. Frank Matthews had a successful

:09:38. > :09:44.South career as an electrician and site manager. All that was destroyed

:09:44. > :09:50.when he was blacklisted. You feel the whole world is against

:09:50. > :09:55.you. Who can you tell? You can tell your wife and immediate family, but

:09:55. > :10:02.I had good friends. When they found out, they thought, there was no

:10:02. > :10:10.smoke without fire. What had he been up to? If somebody tell as lie, how

:10:10. > :10:16.do you prove that negative? You can't do it.

:10:16. > :10:26.These people have affected your lives unbelievably so, for no

:10:26. > :10:27.

:10:27. > :10:34.reason. They need locking up. So how did this covert and unlawful

:10:34. > :10:41.database operate? Well construction companies had to be invited to join

:10:41. > :10:47.by an existing member. Each then paid the Consulting

:10:47. > :10:51.Association, an annual subscription fee for the service and up to �2. 20

:10:51. > :10:55.for each name that was checked against the list. There would be one

:10:55. > :10:58.main point of contact at each company, a senior executive from

:10:58. > :11:02.within human resources. They would feed in information about workers

:11:02. > :11:12.that they considered to be trouble makers. That information would be

:11:12. > :11:17.shared across the industry. The worker would never know.

:11:17. > :11:23.They sent through lists of names to the Consulting Association of

:11:23. > :11:31.everyone that they were considering employing on the site. To see if

:11:31. > :11:39.past details of trouble was recorded on a card.

:11:39. > :11:44.How many names are they pushing through? Thousands.

:11:44. > :11:49.The Kerrs, checked ame names against card files held by Consulting

:11:49. > :11:55.Association. If a match was found, the company was alerted.

:11:55. > :12:01.If you're on this list, what does that mean? If you're on the list

:12:01. > :12:08.then the HR director or manager of the construction company was

:12:08. > :12:15.informed by Ian that there were details known about this person. Ian

:12:15. > :12:19.read out the information that was held, exactly as it had been record

:12:19. > :12:25.recorded and the HR director or manager would decide whether to

:12:25. > :12:30.employ or not. It was never up to Ian whether these

:12:30. > :12:34.people were given work or not. All Ian did was pass on the information

:12:34. > :12:38.that had been put in by other companies.

:12:38. > :12:45.And what sort of companies are we talking about? Large construction

:12:46. > :12:55.companies. Name a few for us.

:12:56. > :12:56.

:12:56. > :12:59.Laing, Sir Robert McAlpine, AMEC, C B & I. Kier.

:12:59. > :13:05.These companies, this was meant to be secretive from the beginning,

:13:05. > :13:09.wasn't it? Oh, yes. Over a four-year period, Skanska

:13:09. > :13:15.vetted 66,000 names on projects like the Ministry of Defence building in

:13:15. > :13:24.Whitehall. Balfour Beatty put around 15,000 name as year through the

:13:24. > :13:30.database. Sir Robert McAlpine spent �220,000 checking workers on sites,

:13:30. > :13:33.including the Dome. Though it insists it never operated the

:13:34. > :13:39.blacklist but simply this was to protect the company against unlawful

:13:39. > :13:44.or dangerous behaviour. From two offices in Droitwich, you

:13:44. > :13:47.were literally casting your eye over hundreds of workers for some of the

:13:47. > :13:51.biggest projects in this country? Yeah, I'll give you that, it is

:13:51. > :13:56.true. The people that built the Dome, they

:13:56. > :14:01.went through your office? They did. A lot of them weren't even builders.

:14:01. > :14:08.They put through acrobats, dancers, entertainers, there were hundreds of

:14:08. > :14:14.them. Anyone who may disrupt the smooth

:14:14. > :14:17.running of a site, even animal rights activists and

:14:17. > :14:23.environmentalists, appeared in the files with some intelligence coming

:14:23. > :14:27.from police and security contacts. Ian Kerr added further detail on

:14:27. > :14:34.individuals, taken from reports of union meetings and industrial

:14:34. > :14:38.tribunals. It came from the left-wing,

:14:38. > :14:42.anarchist press. Ian would read all of those magazines and newspapers

:14:42. > :14:47.and cutting out anything that looked as if it were something that a

:14:47. > :14:53.company may be interested in. That was he spent all of his day doing,

:14:53. > :14:57.reading these papers. The Commons Select Committee on

:14:57. > :15:04.Scottish Affairs investigate investigated blacklisting earlier in

:15:04. > :15:08.the year. It discovered that many of those targeted by lists had raised

:15:08. > :15:14.concerns about unsafe working practises.

:15:14. > :15:20.What was genuine anxieties but health and safety matters, after

:15:20. > :15:22.all, it was their lives or health at risk, they were penalised for

:15:22. > :15:28.protecting themselves and their families. This was about money and

:15:28. > :15:37.profit. Somebody who was interested in health and safety could delay the

:15:37. > :15:42.job or incur extra costs. Frank Matthews was working for the

:15:42. > :15:47.Balfour Beatty group in 2,000. He was sacked after being caught up in

:15:47. > :15:51.a dispute over unsafe conditions at a pharmaceutical plant in Kent. The

:15:51. > :15:55.site became water-logged. In the opinion of the electricians on site

:15:55. > :16:01.it became a safety hazard. The site was flooded. We did not

:16:01. > :16:07.want to work in the rain in the wet. We had nowhere to dry our clothes,

:16:07. > :16:12.so they decided to sack everybody. Frank took his employer to an

:16:12. > :16:17.industrial tribunal and won his case for unfair dismissal. For this he

:16:17. > :16:21.was blacklisted. They had employed me for 15 years,

:16:21. > :16:25.giving full responsibility for managing sites, jobs, responsible

:16:25. > :16:30.for millions of pounds. It did not add up.

:16:30. > :16:35.Then a trouble maker? No, I'm never a trouble maker.

:16:35. > :16:40.The blacklist filtered the workforce of an industry for 16 years. How did

:16:40. > :16:47.it remain secret? Well, chances were missed. In 2006, a whistleblower

:16:47. > :16:51.handed a dossier of evidence to the Unite union. In 2007, the same

:16:51. > :16:56.whistleblower gave evidence to the old department of Trade and

:16:56. > :17:00.Industry. People were told but neither did anything about it. The

:17:00. > :17:04.DTI has gone are but the Department for Business, Innovation and Skills,

:17:04. > :17:08.which replaced it, said there was not enough evidence to act on. The

:17:08. > :17:11.union agreed but said that lessons had been learned.

:17:11. > :17:16.I don't have the power to turn the clock back. We have changed our

:17:16. > :17:20.reporting procedures. There is not a single official in the union that is

:17:20. > :17:26.not aware that if the blacklist flag is raised, there must be immediate

:17:26. > :17:31.action taken. In fact, the unions face more

:17:31. > :17:36.serious allegations. That some union officials provided

:17:36. > :17:45.names and information for the list. When Howard Nolan received his file,

:17:45. > :17:50.he found the entry that read his career that said: Note but do not

:17:50. > :17:55.divulge. Resulting from a liaison between the union, the contractor

:17:55. > :18:00.and the managing ate. The are there to help us out. This

:18:00. > :18:05.is why I think we need an inquiry into this, to find out who is

:18:05. > :18:10.involved. To get these people, if they are part of the union, and they

:18:10. > :18:15.are union reps, that they have to leave the union.

:18:15. > :18:19.Are you surprised to see it there? It is individuals, isn't it?

:18:19. > :18:23.Surprised, I think it has gone on for a while, that. Surprise, when

:18:23. > :18:27.you see it in black and white, how it is written there.

:18:28. > :18:31.The union, Unite, insists that there is not information on the files to

:18:31. > :18:37.identify any union officials involved in passing names to the

:18:37. > :18:42.list. There is a concern in my mind, and

:18:42. > :18:46.in the union's mind about collusion. We have said and my General

:18:46. > :18:50.Secretary has committed to an absolute investigation and

:18:50. > :18:55.appropriate action against anyone that we can find that is complicit

:18:55. > :19:04.in blacklisting. The list was finally exposed in

:19:04. > :19:08.2009. The Consulting Association was raided. The Information

:19:08. > :19:15.Commissioner's office, acted only after the list was revealed in a

:19:15. > :19:19.national newspaper. Evenian acre was convicted under the Communications

:19:19. > :19:22.Data Bill, but no action taken against the company, closest to the

:19:22. > :19:26.company consulting Association, Sir Robert McAlpine.

:19:27. > :19:33.What Can say is that the person who breached the law, who committed the

:19:33. > :19:36.criminal offence was Ian acre, not McAlpine it was Ian Kerr that we

:19:36. > :19:41.prosecuted. He was fined by the court.

:19:41. > :19:45.It looked like you got the wrong man. A small fish when all of these

:19:45. > :19:50.big companies were behind them and they were never punished.

:19:50. > :19:55.We went for the person breaching the Communications Data Bill.

:19:55. > :19:58.But the Consulting Association was a nonprofit-making trade association,

:19:58. > :20:02.funded by the construction companies. At the time of the raid,

:20:02. > :20:10.the chairman of the covert organisation was David Cochrane. He

:20:10. > :20:16.was also head of human resources for Sir Robert McAlpine.

:20:16. > :20:19.They didn't want the company name to come out. They advised Ian to take

:20:19. > :20:25.all the blame, if you don't you won't get support from the

:20:25. > :20:30.companies. It would abbombshell in the industry.

:20:30. > :20:35.Should he have been the fall guy? Absolutely not. He was an employee.

:20:35. > :20:41.What is certain is that when Ian Kerr was fined �5,000, he did not

:20:41. > :20:44.pay the fine. The deal was if McAlpine's name did

:20:45. > :20:49.not come out in court that they would pay at the end.

:20:49. > :20:53.How did they pay? They were not allowed to send Ian the money. It

:20:53. > :21:00.would have gotten them into a lot of trouble.

:21:00. > :21:08.So the invoice had to be sent for, I think it was service provided, or

:21:08. > :21:15.words to that effect. So a fake invoice? Yes. It was just

:21:16. > :21:19.on plain paper from our eldest daughter.

:21:19. > :21:25.Ian Kerr was asked to return his contract of employment, it had been

:21:25. > :21:29.signed by Cullum McAlpine. As a director of the construction

:21:29. > :21:35.giant, he had been involved in setting up the Consulting

:21:35. > :21:39.Association. Mr McAlpine was quizzed by the

:21:39. > :21:43.unusual financial arrangement while giving evidence to the Commons

:21:43. > :21:47.Select Committee on Scottish Affairs on blacklisting earlier in the year.

:21:47. > :21:54.Can I clarify whether or not you were aware there, why the two

:21:54. > :22:00.invoices for the fine and the legal costs to cover Mr Kerr's Crown Court

:22:00. > :22:06.case were paid to Mr Kerr's daughters? I didn't know that. I

:22:06. > :22:12.have been informed that was at Mr Kerr's request.

:22:12. > :22:16.OK. Liar!I don't want interruptions from the public gallery. We will

:22:16. > :22:20.have other witnesses. The instruction was to send an invoice

:22:20. > :22:25.from the daughters for services provided, were you aware of that?

:22:25. > :22:30.That was why the money was paid out. Sir Robert McAlpine told you he was

:22:30. > :22:33.hands off when it came to the running of the Consulting

:22:33. > :22:37.Association, what do you think? believe that I think it is

:22:37. > :22:41.impossible to have a situation where somebody involved in setting this

:22:41. > :22:46.up, did not also drive the policy forwards.

:22:46. > :22:50.So, Sir Robert McAlpine paid Ian Kerr's fine. The Information

:22:50. > :22:54.Commissioner's office issued 14 enforcement notices against some of

:22:54. > :22:58.the construction companies who subscribed to the list but not Sir

:22:58. > :23:03.Robert McAlpine. The companies themselves seemed to

:23:03. > :23:08.have gotten off Scot free. They were party to the list. They supplied

:23:08. > :23:13.data, they took the data out but they have never been punished.

:23:13. > :23:17.Do you have the powers to work on this? I'm not sure that anybody had

:23:17. > :23:22.the powers. Sir Robert McAlpine, Balfour Beatty

:23:22. > :23:24.and Skanska, say that robust procedures are in place to ensure

:23:25. > :23:29.full compliance with the Communications Data Bill. Balfour

:23:29. > :23:34.Beatty and Skanska have apologised for their involvement with the

:23:34. > :23:40.Consulting Association. So now we know about the list, where

:23:40. > :23:45.does that leave construction workers today? Well in 2010, new laws were

:23:45. > :23:51.introduced but the critics say that they are too weak as they don't make

:23:51. > :23:55.blacklisting a criminal offence. The Government thinks that they don't

:23:55. > :23:58.need toughening up as the problem itself has died away. The Commons

:23:58. > :24:07.Select Committee on Scottish Affairs is less certain. It announced a

:24:07. > :24:13.fresh inquiry into whether blacklisting is still going on.

:24:13. > :24:18.This concern is shared by the union, Unite. Well, there is evidence that

:24:18. > :24:22.blacklisting is a contemporary problem. Whilst I think it is

:24:22. > :24:27.unlikely that the industry would set up an organisation like the

:24:27. > :24:31.Consulting Association again, there is evidence that people are still

:24:31. > :24:35.active and busy vetting and comparing names to lists that they

:24:35. > :24:41.hold. This man, Frank Morris, believes

:24:41. > :24:45.that blacklisting is happening now. That he is a victim.

:24:46. > :24:53.My employment prospects have gone from very good, always in work, to

:24:53. > :24:59.zero, nearly overnight. In 2012, he was working for a

:24:59. > :25:04.subcontractor on the �15 billion London Crossrail link. Europe's

:25:04. > :25:09.largest construction project. Frank says within weeks of starting

:25:09. > :25:17.the work, he was identified as a union man and marked out.

:25:17. > :25:22.So he asked to back union safety rep.

:25:22. > :25:27.I said I would like to become a shop steward. It was not to cause

:25:27. > :25:32.problems but they could not sack a shop steward. I could keep working.

:25:32. > :25:37.But Frank says when he raised health and safety concerns, managers were

:25:37. > :25:43.so determined to remove him from the site that it terminated his worker's

:25:43. > :25:49.contract. Frank and 26 others lost their jobs. Panorama has tracked

:25:49. > :25:54.down a man who worked alongside of Frank on the site. He does not want

:25:54. > :25:59.to appear on camera but says he firmly believes that Frank was

:25:59. > :26:06.singled out as he was on a blacklist. He due believes that the

:26:06. > :26:10.contract was withdrawn to get rid of Frank. Since then, Frank has found

:26:10. > :26:14.it impossible to find work. I have not been able to get any job

:26:14. > :26:20.in the construction industry. Do you believe you are on the

:26:20. > :26:24.blacklist? Yeah. With no money coming in, there was

:26:24. > :26:30.difficulty in life. We had no money to pick the kids up

:26:30. > :26:35.from school. The Mrs Is crying her eyes out. Screaming at me, what have

:26:35. > :26:41.you done it breaks your family. Crossrail told us it denies what it

:26:41. > :26:46.says are unsubstantiated allegations made by Frank Morris. It said it had

:26:46. > :26:51.seen no evidence of blackdies listing of any kind with contractors

:26:51. > :26:55.involved in the Crossrail project. As Frank Morris is suing a claim for

:26:55. > :27:00.unfair dismissal, the companies involved say that they cannot

:27:00. > :27:06.comment further if blackdies listing is alive, why are not the

:27:06. > :27:10.authorities seeking it out? difficulty is not covering under

:27:10. > :27:16.ground operations. We need a power of audit, to just go in, check on a

:27:16. > :27:19.business, to ensure that they are complying with the law.

:27:19. > :27:24.The Information Commissioner's office has asked the government for

:27:24. > :27:30.additional powers but the change is not imminent. It is four years since

:27:30. > :27:36.the Consulting Association secret's blacklist was exposed but how much

:27:36. > :27:41.has change?ed 60% of the HR officers who put the names of workers on the

:27:41. > :27:46.list are in the same jobs, still no construction company has been

:27:46. > :27:53.punished. Do you regret? Absolutely I regret. I think it probably killed

:27:53. > :27:58.Ian. All of the stress from it. If anyone was kept out of work as a

:27:58. > :28:04.result of that list, I would be truly sorry.

:28:04. > :28:10.For the blacklisted workers, still no compensation for the livelihoods

:28:10. > :28:14.ruined, though a legal claim is underway. For many the struggle for

:28:14. > :28:20.works is going on. It will never two away. I have never

:28:20. > :28:24.26 years. I retire at 656789 so I have another 26 years of being

:28:24. > :28:30.blacklisted. Until something happens, it will carry on. But for

:28:30. > :28:32.now, no-one seems willing to take on an industry that the Government is

:28:32. > :28:37.relying on to drive economic recovery.