Agenda item - Charter for the Construction Sector

Report of the Executive Director for Finance & Resources (copy attached).

9.1       RESOLVED:

(i)            That Committee notes the provisions (see Appendix 1) of the UNITE Union Construction Charter.

(ii)          That Committee notes the aims of Charter, but expresses particular concern regarding: the potential impact on SMEs of Clause 1, Clause 6, in regard to ‘national industry collective agreement’, and Clause 7, in regard to ‘All trade union accredited representatives will be granted appropriate time and facilities to carry out their responsibilities’.

(iii)         That Committee delegates the power to the Executive Director, Finance & Resources, after consultation with the Procurement Advisory Board, to take all steps necessary for the implementation of the Construction Charter provided those steps are consistent with the advice or recommendations of the Procurement Advisory Board.

9.1       The Committee considered the report of the Executive Director Finance & Resources regarding the Construction Charter.

9.2       Councillor Wealls said that the Conservative Group were not hostile to the vast majority of the aims of the Unite Construction Charter, and the proposed amendments were to be sure that by directing the Procurement Advisory Board to look at the provisions of the Charter to make sure that the concerns for small and middle size enterprises were explicitly dealt with. He noted that the Procurement Strategy of the Council was being reviewed and asked that the Unite Construction Charter be included in that. He also asked the Procurement Advisory Board consult with groups such as the Federation of Master Builders. Councillor Wealls formally proposed the following amendment to the recommendations in the report (the changes are shown in italics).

2.1 That Committee notes the provisions (see Appendix 1) of the UNITE Union Construction Charter.

2.2 That Committee approves the aims of the Charter, but expresses particular concern regarding:  the potential impact on SMEs of clause 1, Clause 6, in regard to ‘national industry’ collective agreement’, and Clause 7, in regard to ‘All trade union accredited representatives will be granted appropriate time and facilities to carry out their responsibilities’.

2.3 That Committee delegates the power to the Executive Director, Finance & Resources, after consultation with the Procurement Advisory Board, to take all steps necessary for the implementation of the Construction Charter provided those steps are consistent with the advice or recommendations of the Procurement Advisory Board.

2.4 Remove the term ‘blacklist’ from clause 9 and replace with ‘illegal list’.

            Councillor Bell formally seconded the amendment, and reserved his right to speak.

9.3       The Monitoring Officer noted that 2.2 stated ‘That the Committee approves the aims of the Charter…’ and said that the original report said ‘That the Committee notes the aims of the Charter’, and the change of ‘approved’ from ‘notes’ had not been included in the proposed amendment. Councillor Wealls agreed that the wording should read ‘notes’.

9.4       The Executive Director Finance & Resources referred to the points made by Councillor Wealls, and confirmed that consultation would be held with various parties including other councils who had adopted the Charter, the unions, and representatives from the sector.

9.5       Councillor Mitchell requested that the Chair take the votes on the amendments separately, as the group would support amendment 2.2, but not 2.4 as ‘black listing’ was the specific term set out in the regulations, and was therefore legally correct.

9.6       Councillor Sykes suggested that some elements of the Charter could be strengthened, for example where it duplicates current legislation. He said that the Green Group would support the amendment to 2.2, but for the reasons given by Councillor Mitchell would not support amendment 2.4.

9.7       Councillor Bell agreed to remove 2.4, but said it had been put forward as the Charter referred to ‘any’ form of black list, and there was concern that there wasn’t any definition of what ‘any’ would mean. He said that the reason the amendment had been proposed was to protect small and medium size businesses and that they fully supported the unions and the workers. Councillor Yates said that at the last Full Budget Councillor Morgan had said that the Council were looking at more ways to encourage small and medium size enterprises to access the Council’s procurement process.

9.8       The Chair agreed to accept the slight change of wording to 2.2 and noted that amendment 2.4 had been withdrawn.

9.9       The committee voted on the proposed amendments and they were agreed.

9.10    The Committee agreed to formally note the Notice of Motion.

9.11    RESOLVED:

(i)            That Committee notes the provisions (see Appendix 1) of the UNITE Union Construction Charter.

(ii)          That Committee notes the aims of Charter, but expresses particular concern regarding: the potential impact on SMEs of Clause 1, Clause 6, in regard to ‘national industry collective agreement’, and Clause 7, in regard to ‘All trade union accredited representatives will be granted appropriate time and facilities to carry out their responsibilities’.

(iii)         That Committee delegates the power to the Executive Director, Finance & Resources, after consultation with the Procurement Advisory Board, to take all steps necessary for the implementation of the Construction Charter provided those steps are consistent with the advice or recommendations of the Procurement Advisory Board.