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Moves to tackle blacklisting 25/11/2013 The Scottish Government has unveiled new guidelines requiring companies seeking public sector contracts to disclose whether they have been involved in blacklisting

Moves to tackle blacklisting

The Scottish Government last week took action against the practice of ‘blacklisting’, unveiling new guidelines for public bodies that require companies seeking public sector contracts to disclose whether they have been involved in the practice.

Blacklisting in this context is the practice whereby companies use, compile, sell or supply details of individuals who are or have been a trade union member with a view to using that list to discriminate in relation to recruitment or treatment of workers.

The policy guidance includes new standard Pre-Qualification Questionnaire questions requiring suppliers to disclose if they have breached laws against blacklisting. If found to have used a blacklist, a bidder will have to show it has taken appropriate remedial action.

The Scottish Government has also included a new contract clause in its standard terms and conditions, allowing contracts to be terminated if a supplier is found to have breached the relevant legislation.

The Procurement Reform Bill, currently before Parliament, will enable the Scottish Government to make regulations on how a firm’s suitability to bid for contracts is assessed – providing an opportunity to place the new policy guidelines on a statutory basis.
 

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