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 08 August 2007
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How to Raise a Guidelines issue with UK National Contact Point (NCP)

If you wish to raise an issue concerning corporate behaviour in relation to the Guidelines the various procedures are set out below. Before reading the details please bear the following in mind:

  • These procedures follow the provisions of the Guidelines.
  • They apply to all issues arising in the UK or involving the activity of a UK MNE in an adhering country.
  • For issues arising in non-adhering countries where a UK MNE is deemed responsible, the UK NCP will take steps to develop an understanding of the issues involved and follow these procedures where relevant practicable. This is due to possible difficulties, for example, in obtaining all pertinent information. However, this does not mean that the Government has different expectations of UK MNEs operating in non-adhering countries.
  • The general principle for the UK NCP is transparency. However in handling these procedures a balance needs to be struck between openness and confidentiality to build confidence in the Guidelines. There are specific examples where confidentiality is important such as the protection of sensitive information submitted to the NCP or the identity of a ‘whistle-blower’. Information and views provided during the proceedings by a party involved will, therefore, remain confidential, unless that party agrees to their disclosure. However, the results will be transparent, unless preserving confidentiality would be in the best interests of effective implementation of the Guidelines.
  • As we, and other NCPs, gain experience of handling issues, the UK NCP may be able to elaborate further, for example on the kind of information which has proved useful in considering complaints about MNE behaviour.

Procedures, is it for the UK NCP to handle?

  • If the corporate activity you are concerned about takes place in the UK then the UK NCP is the appropriate NCP to contact;
  • If the activity takes place in another adhering country then it is for that country’s NCP to consider.
  • If the activity takes place in a non-adhering country, but the MNE or relevant part of the MNE deemed responsible is headquartered in the UK, then the UK NCP may be the appropriate contact (explained below).

Given the global and often complex structural and operational nature of many MNEs, it is not always clear which particular part of an MNE is responsible for any specific activity. This is important, as it determines which NCP will deal with any specific issue. Generally speaking, responsibility for the Guidelines rests with those exerting control or influence over the entity. The UK NCP is happy to assist in determining this in consultation with appropriate parties such as the company involved, trade unions and other NCPs.

What information is required?

Clearly the more information we have, the easier it will be for the NCP to follow up comments received. As a basic requirement we will need to know:

  • your identity and your interest in the matter;
  • name of the company;
  • the location of the activity;
  • which part of the Guidelines is considered relevant;
  • description of the activity with any supporting evidence;
  • what can be revealed to the company e.g. identity of originator, documentary evidence etc.

All this will help us to determine whether to pursue the issue further. Please contact us for further guidance.

What will the NCP do?

In deciding whether to pursue an issue, the NCP will consult the company in question and also any other interested parties, as appropriate. The NCP will take into account:

  • the identity of the party concerned and its interest in the matter (the NCP will not determine the validity of an issue on the identity of the originator alone);
  • whether the issue is material and substantiated;
  • the relevance of applicable law and procedures;
  • how similar issues have been, or are being, treated in other domestic or international proceedings;
  • whether the consideration of the issue would contribute to the purposes and effectiveness of the Guidelines.

Then if having consulted others as outlined above, the NCP will always undertake an initial assessment of a complaint irrespective of whether it has been made by a party directly affected by the issues in question. The initial assessment will report either:

That the case does not merit further consideration, we will contact the originator explaining why this conclusion has been reached.

That the case does merit further consideration, we will contact the originator and seek to contribute to its resolution. This will take the form of discussions with the company and could include interested parties such as: the originator; relevant authorities; trade unions and other NGOs; experts; consultations with other NCPs; or seeking guidance from the OECD Committee on International Investment and Multinational Enterprises on issues related to the interpretation of the Guidelines. It may involve face-to-face meetings, requesting and circulating to the parties involved for comment various documents or independent expert opinion.In addition, consideration may be given to engaging the services of a professional mediator.

Who is involved in discussions will depend on the nature and subject of the issue. For example in dealing with an environmental issue experts consulted are likely to be different from when dealing with a labour issue. The important criterion is that any organisation or individual involved in these discussions should have an interest in the issue and/or some expertise to offer. The NCP will promote informed discussions, for example by encouraging the dissemination to the parties involved of expert papers; originator evidence; and company responses (or extracts from them). Information and views provided during the proceedings by a party involved will remain confidential, unless that party agrees to their disclosure.

The aim of these discussions is to reach agreement with all parties on the issue raised and for the company to take any appropriate action to resolve it. If no agreement can be reached the NCP will, with the agreement of the parties involved, offer, or facilitate access to, consensual and non-adversarial procedures to assist in dealing with the issue.

In the event of no agreement being reached, the NCP will issue a statement and, if appropriate, make recommendations on the implementation of the Guidelines. This may also apply if a company refuses to enter into discussions.

Like other parties concerned, the NCP will abide by all confidentiality provisions contained in the Guidelines and consult all concerned parties on the handling of any issue. This includes making public the results of any procedures, unless preserving confidentiality is in the best interests of effective implementation of the Guidelines.

Non-confidential information about an issue may be posted on this web-site and may feature in the UK NCP annual report. Again parties concerned will be consulted first.

Should you have any concerns about the procedures used by the NCP they can be raised in the OECD Committee on Investment and Multinational Enterprises (CIME) via the Business and Industry Advisory Committee (BIAC) or the Trade Union Advisory Committee (TUAC). In the first instance you may wish to contact the Confederation of British Industry (UK member of BIAC) or Trades Union Congress (UK affiliate to TUAC).

Contact:

Margaret Sutherland
Tel. 020 7215 5756
Fax. 0207 215 2234
Email. margaret.sutherland@dti.gsi.gov.uk

 

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