Elections, Pitchford Inquiry & Vain Expectations?

 WE are publishing the newsletter below from the

Blacklist Support Group.  We publish it as we

always do, but without any great expectations

or hopes with regard to any kind of plebian victory 

resulting from the General Election.  While we may 

agree with Ludwig Wittgenstein that William the Conquer

got himself a good bargain in 1066, generally we side with

Orwell who said:  'The corruption that happens in England 
is seldom of that kind [overt].  Nearly always it is more in the 
nature of self-deception, of the right hand not knowing what 
the left hand doeth.  And being unconcious it is limited.'
(See The Lion & the Unicorn').  That is why, in the final
analysis, Northern Voices cannot fully embrace the optimism
of the Blacklist Support Group either with regard to the
Pitchford Inquiry or indeed in their expectations from a
Labour Government.  We wish the blacklist campaigners
well, but we cannot stomach the necessary self-deception
involved in promoting the Labour Party.
******

EVERY political party in the General Election is claiming to be the voice of the workers. Blacklisted construction workers know the score:

1. Labour pledges a public inquiry into blacklisting: That gets our vote!

http://www.labour.org.uk/index.php/workers/

This pledge was announced by John McDonnell in St.George's Hall, Liverpool last week in front of the huge Blacklist Support Group banner.  

2. Article in today's Morning Star exposing the failure of the ECGR and British courts to protect blacklisted workers and challenging political parties to grant basic employment rights to all workers in the UK.   If workers rights cannot be protected by judges in the UK or the European Court of Human Rights, then it is time to change statutory legislation. 

http://www.morningstaronline.co.uk/a-dc1a-No-blacklist-justice-for-Britains-agency-staff

3. In the same week as the ECHR ruling above, blacklisted electrician Frank Morris, is sacked again. This time on an NHS hospital. Let's hear candidates queue up to call for Frank Morris to be reinstated.  

Reel News video: https://www.youtube.com/watch?v=7iKhQdLpUm4&t=129s

4. Spycops

New 59 page ruling from the undercover police public inquiry. Releasing the cover names of undercover police officers who spied on activists is a 'priority' but Lord Justice Pitchford allows Met Police another 12 months extension to carry out 'risk assessments' in preparation for more anonymity applications.  But the police are not engaged in 'delaying tactics', oh no.

https://www.ucpi.org.uk/wp-content/uploads/2017/05/20170502-ruling-MPS-applications-re-SDS.pdf

Victims boycott Scottish police internal investigation

http://campaignopposingpolicesurveillance.com/2017/05/03/spycops-victims-boycott-scottish-inquiry/

Scottish activist spied on by police seeks judicial review to win a Scottish inquiry

https://www.crowdjustice.com/case/undercover-policing-scotland/

Other than John McDonnell and Jenny Jones, most politicians have been surprisingly quiet about the spycops scandal. 

5. May Day greetings from the Blacklist Support Group to all sisters, brothers & comrades fighting for their rights around the globe.

https://www.youtube.com/watch?v=Sh6vCsfaKWU&t=3s

6. Dates for the diary:

Friday 5th May - Blacklisted worker turned academic Dr Jack Fawbert speaking on Corporate Crime 7 Blacklisting at Anglia ruskin University in Cambridge 

https://www.eventbrite.co.uk/o/anglia-ruskin-university-community-engagement-1110250731

22nd May - Last day to register to vote in General Election

https://www.gov.uk/register-to-vote

7. And finally:

Congratulations to the blacklisted workers and rank & file activists elected to represent construction on the UNITE Executive Council Frank Morris, Royston Bentham, Tony Seaman & Joseph Pisano

Blacklist Support Group

European Court: Defeat for Worker's Rights

FOLLOWING a decision in the European Court of Human Rights in Strasbourg released this week, campaigners are challenging politicians to provide legal protection to agency workers. The ruling in the case of Smith v. the United Kingdom (Application Number 54357/15) was handed down by ECHR President, Kristina Pardalos, relates to Dave Smith, an engineer from Maldon in Essex, who was one of thousands of construction workers who appeared on the notorious Consulting Association blacklist operated on behalf of the UK's major building contractors.  Smith was blacklisted after he being elected as a safety representative for the construction UCATT (now part of UNITE).

His Employment Tribunal against various companies in the Carillon Group became a test-case for blacklisted workers but the Strasbourg decision has implications far beyond just the construction industry.  At the original Employment Tribunal, the company admitted that their senior managers had provided information to the blacklist because Smith was a union member who had raised concerns about safety issues on their projects.  But the ET found against Smith because as an agency worker he was not covered by UK employment law.  Millions of agency workers are currently excluded from basic employment rights such as unfair dismissal, redundancy and protection from victimization for raising safety issues.    

Smith's legal team appealed the case all the way to the Court of Appeal before it was finally rejected at the Supreme Court.  A submission was made to the European Court of Human Rights arguing that the Consulting Association blacklist conspiracy was a violation of Article 8 of the European Convention on Human Rights, which are supposed to apply to everyone not just direct employees.  

Paragraph 36 of the ECHR judgement reads: 

"At the outset, the Court considers that in light of the criminal proceedings pursued against the Chief Officer of the Consulting Association by the Information Commissioner for failing to register as a data controller under the Data Protection Act and the admissions made by the defendant companies in the High Court proceedings, it is clear that the retention of personal data by the CA interfered with the applicant’s Article 8 rights". 

However, because of the campaign led by the Blacklist Support Group alongside the UNITE and GMB trade unions, which resulted in a Select Committee investigation and a multi-million pound settlement in High Court litigation, the ECHR ruled that Smith's case had been 'duly considered' by the British legal system and was therefore declared 'inadmissible'. 

While Smith was paid compensation during the High Court settlement, the ECHR ruling leaves the issue of the second class treatment of agency workers by UK employment law completely unresolved.  If even a blacklisted worker whose human rights have been infringed cannot win legal redress in either the UK Employment Tribunal system or the highest court in Europe, what chance do care workers, teachers or nurses engaged via employment agencies stand?  The current differential treatment of agency workers amounts to a EU sized loophole by which unscrupulous bosses can exploit agency workers with absolute impunity.  

John Hendy QC represented Smith in his test-case and commented on the ECHR decision:

"The use of agency workers and false self employment now deprive several million workers from full employment rights. The use of employment tribunal fees defeats the rights of those workers who do have them. As Dave Smith's case shows these problems cannot be left to the courts: they require urgent and fundamental legislation. The election provides the opportunity to vote on this issue".

After receiving the decision, Dave Smith commented:

"This ECHR decision is a green light to bad employers.  If UK and EU judges either can't or won't protect agency workers. I challenge all political parties in the General Election to commit themselves to extending full employment rights to the millions of workers engaged via employment agencies. In an era of zero hours contracts and casualisation, this is a defining issue for any politician claiming to stand up for workers rights". 

Gail Cartmail, UNITE Assistant General Secretary stated: 

“As this disappointing decision is being digested we know the paucity of legal protection from blacklisting means that third parties are instructing “do not engage” or if an activist slips through the net, dismiss.  Tomorrow is International Worker’s Memorial Day when we will mark 43 construction workers death from April 2015 to April 2016. In the past and today major players in construction have singled out trade union activists for raising legitimate safety concerns.  We need a full Public Inquiry and it is good to know this is a Labour pledge.  Remember the dead and fight for the living.”

UNITE member, Terry Brough, was the only other blacklisted worker to have a case submitted to the ECHR.  His case was ruled 'inadmissible' in September 2016. Brough commented:

"I extend my solidarity, respect and best wishes to Dave and his team in this, his latest involvement in the fight for justice. Blacklisted workers have not achieved justice through the courts: Corbyn should pledge a full public inquiry on the blacklisting scandal".  

Blacklist Support Group

Secretary of Blacklist Group in Court

Dave Smith under arrest

THE trial of Dave Smith takes place in the City of London Magistrates Court on Thurs 9th - Fri 10th June following his arrest for blocking after traffic in Park Lane during a protest against blacklisting of union members in the construction industry.  The secretary of the Blacklist Support Group and co-author of the book Blacklisted has been on bail for over 15 months since his arrest on 18th March 2015. The companies involved in the blacklisting have recently admitted their guilt, paid out millions in compensation and apologised for their involvement in The Consulting Association conspiracy in the High Court.

Smith does not deny standing in the middle of the central London thoroughfare but is claiming that he has a democratic right to protest and that includes causing minor disruption to traffic.  This right being enshrined in Article 10 (freedom of expression) and Article 11 (freedom of assembly) of the European Convention on Human Rights. In fact, Smith is providing video evidence of the incident as part of his legal submission.

Video of the Park Lane protest: https://www.youtube.com/watch?v=eLuP7iYDAfg

Video of Dave Smith's speech outside the court on the first trial date (that was adjourned): https://www.youtube.com/watch?v=72i1oSHOh48

The trial is about whether it is lawful to exercise every citizens's democratic right to protest. 

John McDonnell MP, who contacted the police on behalf of Smith on the night of his arrest commented:

'Blacklisted workers have suffered a grave injustice. Direct action has been an essential part of exposing that injustice. The action taken by Dave Smith stands in a long standing tradition of direct action in this country. I fully support Dave Smith and his colleagues.'

Dave Smith commented:

"Not a single company director responsible for blacklisting has been forced to appear in court for their role in the scandal. But if blacklisted workers protest about the human rights conspiracy, we could face a criminal conviction. That speaks volumes about the British legal system".  

Smith's pro-bono legal team of John Carl Townsend (barrister) and Liam Dunne (solicitor) of Guney, Clark & Ryan solicitors, were central players in the High Court blacklisting trial. The attached legal 'skeleton argument' presented to the court provides an in depth explanation of the legal issues at stake. 

Attached photos from Guy Smallman (NUJ)

Blacklist Support Group protest

9:15am Thursday 9th July 

o/s City of London Magistrates Court

1 Queen Victoria Street London EC4N 4XY.

(next to Bank tube station) 

Blacklisting: 'How far did this conspiracy go'?

THE BLACKLIST Support Group today announced that it intends to make a formal submission to the Metropolitan Police calling for an investigation into the destruction of documents and computer files by multinationals involved in the blacklisting scandal. 

High Court orders have resulted in retrieved computer records from construction firms only recently being disclosed to the lawyers of blacklisted workers. This previously hidden evidence indicates that computer hard drives were destroyed, email accounts were deleted and correspondence was shredded by companies appearing in the High Court litigation. 

Witness evidence and documents provided by Ian Kerr (chief executive of The Consulting Association) to a Select Committee investigation indicate that over 90% of the paperwork held by the blacklisting body was burnt on a bonfire and instructions were given to destroy other evidence. The destruction of the documents and computer files occurred at the same time as the ICO was carrying out an investigation, a criminal trial was taking place, hundreds of Employment Tribunal cases were still live, cases were submitted to the European Court of Human Rights and a High Court group litigation trial was being prepared. 

Now the newly disclosed evidence is available to blacklisted workers, it is felt that there is a strong case that the course of justice may have been deliberately perverted. A dossier is being compiled for legal opinion before considering pressing for the DPP to charge individuals involved with the Consulting Association and possibly the CEOs who sanctioned their illegal activity.  Perverting the course of justice is an indictable criminal offence without statute of limitations. If a person is found guilty of concealing evidence sentencing guidelines suggest a two year term of imprisonment.   

Dave Smith - the Blacklist Support Group secretary commented: 

'The pieces in the jigsaw are now coming together, albeit many are lost forever. The stench of corporate wrongdoing is no longer a moral issue but potentially a serious criminal offence. We will be doing everything in our power to make sure the police and the DPP take this matter seriously. The rich and powerful may think they are above the law but blacklisting will not be covered up like Saville was. Whatever the outcome in the High Court, our dossier will be handed into the police. If senior individuals gave orders or knowingly colluded in destroying documents that anyone could have predicted would undoubtedly have been used as evidence in numerous legal proceedings, they need to be held to account for their actions.' 

Howard Beckett Legal Director at Unite said: 

'The reason given by the defendants for poor disclosure is to openly admit to a corporate policy of ensuring the destruction of documents.  Their attempts to deny meaningful levels of compensation and to deny conspiracy allegations rely upon the lack of records.  Multiple legal cases became inevitable the very day that the Consulting Association was established, let alone the day it was raided.  People clearly felt their actions were unlawful, why else the secrecy and why else routinely destroy documents.  The Consulting Association was a secret conspiracy and Cullum McAlpine, a named defendant was at the core of it.  McAlpine is determined to avoid giving evidence at the High Court but for the sake of justice, he needs to now confirm he will appear to finally allow the victims of blacklisting to ask how far this conspiracy goes.'

Blacklist Support Group

book: http://newint.org/books/politics/blacklisted-secret-war/

video: http://www.youtube.com/watch?v=JlCa8yQmZ70

blog: www.hazards.org/blacklistblog

facebook: http://www.facebook.com/groups/blacklistSG/