Morecambe Bay Disaster (Aftermath)

Debate between Lord Walney and George Eustice

Wednesday 29th January 2014 Westminster Hall

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

I congratulate my hon. Friend the Member for Morecambe and Lunesdale (David Morris) on securing this debate, which is poignant and relevant to his constituency. The 10th anniversary next week of the tragic events in Morecambe bay is indeed an appropriate time to reflect on developments since. As my hon. Friend said, we know that the Morecambe bay sands are no stranger to loss of life over many centuries; it is, as he said, a beautiful yet treacherous place.

On the evening of 5 February 2004, some 40 Chinese workers were picking cockles on the sands, sent by their gangmaster. For him, maximising profits meant cutting corners, ignoring tidal information and flouting basic safety rules. As night closed in, hours after they should have been told to leave the sands, the workers realised the tide had come up too fast for them to escape and they were stranded. The bodies of 21 men and women were recovered from the bay in the next few days. There were two further known victims: one was not found until 2010 and, as my hon. Friend said, one has never been found.

The victims were illegal immigrants, inexperienced, untrained and with poor English language skills. Their gangmaster, Lin Liang Ren, was eventually convicted of 21 counts of manslaughter, facilitating illegal immigration and perverting the course of justice. In sentencing him to 14 years’ imprisonment, the judge at Preston Crown court said he was motivated by greed to exploit his countrymen shockingly with no heed for their safety.

The causes of the 2004 tragedy stem from the management of the foreshore fisheries at the time and employment legislation that allowed ruthless exploitation of workers and neglect of safety to go unchecked. The Government’s response addressed both those aspects. Following the disaster, the north-western sea fisheries committee and later the Inshore Fisheries and Conservation Authority instituted a raft of measures through a succession of byelaws to regulate access better to the fishery, including tighter permit conditions to improve safety standards. In specific terms, the number of permits issued has been reduced from 2,000 in 2004 to 120 now. In addition and more importantly, in order to be granted a permit to fish for cockles, applicants must now complete a safety course which, as my hon. Friend rightly said, is so important.

Those measures and others will be taken forward in the proposed Morecambe bay fishery order, which is due to be consulted on in the near future. I know that my hon. Friend expressed frustration that there is no time scale for that. Beyond saying “in the near future”, I am unable to give him a specific time scale at this point, but after today’s debate, I will ask officials to make inquiries about the exact status of the order and when he can expect it to be introduced, so that it can be signed off and put in place. When in place, the order will allow for more long-term and adaptive management of the entire mollusc fishery, including the cockle beds. Most importantly, safety measures imposed through the proposed order will be more stringent than those that are in place now.

In response to the disaster 10 years ago, the Government adopted a private Member’s Bill, introduced by the then hon. Member for Renfrewshire West, now the hon. Member for Paisley and Renfrewshire North (Jim Sheridan), resulting in the Gangmasters (Licensing) Act 2004. That established the Gangmasters Licensing Authority to regulate the supply of labour in the shellfish, agriculture, food processing and packaging sectors. The GLA’s role provides protection to vulnerable workers, including taking action against criminals, while operating an effective licensing regime to ensure that standards are maintained and to prevent exploitation.

Casual labour agencies in the agricultural sector perform an important function. The seasonal nature of harvests in areas such as horticulture means that flexible labour arrangements are crucial. Most operators in the sector are responsible and compliant businesses, and GLA licensing enables the well-regulated supply of casual labour to the sector. We know, however, that there will always be a small minority who ignore the rules.

Since beginning operations in 2006, the GLA has issued more than 2,500 licences, and there are currently just under 1,000 licence holders. In that time, the agency has brought 67 successful prosecutions—43 for unlicensed gangmasters, 23 for using an unlicensed gangmaster, and one for obstructing an investigation—and in the past three years, it has helped to recover some £4 million for casual staff who have either been underpaid or had unfair deductions taken from their pay. The GLA has also revoked licences in 203 cases, where the holder has breached licensing standards on pay, safety and other matters.

Most court sentences result in fines of between £300 and £5,000, community service and probation orders or suspended sentences. It is important to note that that is to be expected since we would want fines and penalties to be proportionate to the breach committed. However, we should also note that there is scope for custodial sentences in extreme cases. In a landmark decision last December, the first custodial sentence was handed down; a man in Norfolk was jailed for seven years for acting as an unlicensed gangmaster. It was an extreme case, involving violence and intimidation, and the individual built up an organised crime group responsible for placing large numbers of vulnerable people from Lithuania in substandard accommodation, demanding high rents and charging for finding them work in local GLA-sector industries. What that case illustrates is that the law can and does provide the powers to deal with a full range of incidents that the GLA encounters, from minor breaches right through to criminal abuse and intimidation.

The Government have made it clear that they want the GLA to focus more on the worst excesses in the areas that it regulates and work more closely with other agencies that tackle crime, while stripping out unnecessary burdens on the majority of compliant businesses. I would say that the GLA is doing that. In September 2013, as part of the round of action to ensure that public bodies remain fit for purpose, a triennial review was announced, which provides an opportunity to test robustly the requirement that the GLA is operating and is organised as effectively as possible.

The hon. Member for Barrow and Furness (John Woodcock) asked for reassurance on the Government’s intentions regarding the GLA. The GLA has been considered by several reviews in recent years, including the red tape challenge and the 2010 public bodies review. The triennial review, which will be published shortly, provides an opportunity to consider whether we can better organise the authority to address the challenges that we face.

I will shortly publish a statement on the GLA triennial review, but I will outline the main points today because I have been specifically asked about our intentions. The review will conclude that the functions of the GLA are necessary and that the GLA remains the right body to deliver them. We will also conclude that the GLA should remain a non-departmental public body and should continue to deliver reforms already in train to reduce financial and administrative burdens on compliant businesses and to focus effort on enforcement. We believe that reforms to the GLA board should happen as soon as possible to bring about a smaller, better structured board that is able to provide a clear strategic direction for the authority.

The GLA is already proceeding with reforms to remove burdens on the majority of compliant businesses by removing the need for all applicants to receive an application inspection and by introducing longer-term licences. That fits with the Government’s commitment to have safeguards in place to monitor those businesses that are at risk of breaking the law while enabling law-abiding, compliant businesses to get on with business unhindered.

The GLA is not alone in taking steps to mitigate the risks to vulnerable workers. On 16 December 2013, the Home Secretary published the draft Modern Slavery Bill, which would consolidate existing human trafficking and slavery offences; increase the maximum sentence available from 14 years to life imprisonment; restrict the activities of offenders and those who pose a risk to others; and require statutory bodies, such as the GLA, to report all victims of human trafficking to the National Crime Agency, which the GLA currently does routinely.

The draft Bill will now be subject to a period of pre-legislative scrutiny. The answer to the points raised by my hon. Friend the Member for Morecambe and Lunesdale on what more we are doing to address extreme abuse of vulnerable workers is contained in the draft Bill.

[John Woodcock]

I thank the Minister for giving us those details ahead of the review. The issue will be difficult, and hon. Members will want to be able to scrutinise the draft Bill if it is genuinely to increase the level of protection, rather than simply cut costs. Will he commit to an oral statement in the House when he publishes the review, so that Members may ask questions?