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Blacklisting (Construction Industry)

The compilers of the list can be prosecuted under the Data Protection Act and one such prosecution is pending. I believe that a fine can be imposed in a lower court, or a higher fine can be imposed in a higher court. The critical question that my hon. Friend the Member for Barnsley, West and Penistone asked is what our response is. Around 25 construction companies appear to have been subscribers to the services of TCA and about 18 of them appear to have used the system recently. The information relates to the employment histories of individuals and in some cases it refers to their involvement in trade unions or their participation in industrial action. 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 TCA. My noble Friend the Secretary of State and I will closely examine their findings on the material and decide what action to take.