Groceries Supply Code of Practice

Daniel Zeichner Excerpts

Monday 22nd January 2024 Westminster Hall

[Daniel Zeichner (Cambridge) (Lab)]

It is a pleasure to serve with you in the Chair, Mrs Murray.

I thank the hon. Member for Neath (Christina Rees) for opening this debate on behalf of the Petitions Committee, and for delivering such a well researched and thoughtful introduction to it. I thank colleagues from all parties for their contributions; there has been a remarkable amount of agreement, and the Minister has been sent a strong message. Of course I also thank Guy Singh-Watson of Riverford Organic Farmers for his work organising the petition, which has secured so many signatories. Clearly, he has touched a nerve.

I also thank the 49 scarecrows that we have heard about. Obviously, I am not referring to parliamentary colleagues, but to the 49 scarecrows that apparently are in Victoria Gardens to represent the 49% of farmers who fear going out of business, with 75% of them citing pressure from supermarkets. That is a powerful image.

I thank Orla Delargy at Sustain and Vicki Hird, now at the Wildlife Trusts, for providing me with very helpful facts and observations about the food supply chain over many years, since the passage of the Agriculture Act 2020. I also thank Lesley Mitchell, whose excellent report for last year’s Oxford farming conference is an important contribution to this debate.

It is not a great surprise that the petition has elicited so much support, not least because it is clear that farmers and growers in this country are struggling. They have been grappling with formidable challenges over the last few years: the skyrocketing costs of fertiliser, animal feed and energy; tight profit margins; avian flu; a rocky transition from the common agricultural policy to environmental land management schemes; and more.

Also, of course, over the past four to five years, the sector has experienced significant shocks: in 2019, there were the uncertainties around Brexit, closely followed by the covid-19 pandemic; and then in 2022 there was the start of the war in Ukraine. Additionally, throughout 2023 and into this year, climate events across the globe have impacted on many crops and harvests. Too many farmers have had to endure the distress of seeing the destruction of their crops or livestock due to floods, such as the devastating ones we have seen recently, and sometimes, sadly, because of the persistent shortage of labour.

As we have heard, farmers’ tight profit margins have been squeezed at the other end by supermarkets and intermediaries driving a hard bargain. Too often, primary producers get a tiny portion of the final product price, and little or even no profit from selling into mainstream supermarket supply chains. The 2020 report commissioned by Sustain, an independent study, tried to ascertain the profit margins of the suppliers. The report, “Unpicking Food Prices”, looked at five everyday foodstuffs—apples, cheese, beefburgers, carrots and bread—and found that, after intermediaries and retailers take their cut, farmers are sometimes left with less than 1% of the profit. That really cannot be a fair reward for the efforts that are made.

Farmers take a large proportion of the risks of production, working with unpredictable natural circumstances and often long timeframes to produce a crop or product. Alongside that, public support payments that, for years, have meant the difference between viability and going bankrupt for a large proportion of UK farmers have been changing. Somewhere in the food supply chain, there is clearly an issue of unfairness and imbalance, and in some cases, as we have heard from other speakers, the situation has become so difficult that farmers are pulling out of producing staples such as eggs and vegetables altogether because it is no longer economically viable. It is reported that almost half of that panel of 100 UK food and vegetable farmers fear that they may have to give up their farm within the next 12 months. As a consequence of all this, sadly, UK farmers are producing less food than previously.

Put simply, the reward must outweigh the risk if farmers are to continue producing food. For an increasing number of them, that risk-to-reward ratio is out of kilter. Many farmers have raised concerns about the behaviour of supermarkets, with 69% agreeing that tougher regulations are required to address the imbalance of power between farmers, processors and the supermarkets—points well made by my hon. Friend the Member for Selby and Ainsty (Keir Mather).

Farmers and suppliers have repeatedly claimed that retailers—particularly the big supermarkets—are not giving them a fair deal. For example, it is claimed that they take far too long to consider cost price increase requests that are justifiable when costs are rising dramatically; that they take too long to pay invoices; that they do not honour the original order, or change or cancel it; and that they reject produce on grounds of aesthetics, rather than quality—not to mention the wider arguments over de-listings and promotions. As a consequence of all this, there is huge waste in the system. One grower told me that he sells only about 50% at best of the lettuces he grows. The waste is particularly depressing during a cost of living crisis.

For many years, I have heard farmers’ reports, as I think we all have, of a really quite problematic and in some cases deeply unpleasant—one might almost say toxic—dynamic in the relationship between buyers and suppliers. This disturbing dynamic, exacerbated by the other pressures that growers have had to face, has understandably taken its toll on the mental health and wellbeing of too many.

I hope and understand that the more unpalatable and aggressive tactics deployed by retailers may be less common than they used to be. Credit must go to successive Grocery Code Adjudicators for their role in curbing such unacceptable behaviour, but I think we were all dismayed to read in the GCA’s most recent report that many suppliers feel that we have gone backwards, and that supplier-retailer relations have regressed. Indeed, his report paints a pretty bleak picture of what one stakeholder has called the “brutal” environment that suppliers are being exposed to. The report quotes survey responses that complain about “combative” retailers, who have returned to pre-pandemic behaviour and have chosen to conduct “warfare” with suppliers rather than take collaborative action to handle the flood of cost price increase requests and more recent demands for deflation. The report found that, while supermarkets have been engulfed by demands for CPIs in the past two years, the tide has begun to turn, with retailers demanding cost price decreases. The GCA states:

“Some major retailers have begun asking for price decreases, accompanied by delist threats, forcing suppliers to operate at a loss, which they feel has created an unfair playing field and changed power dynamics.”

We must be careful not to jump to conclusions about exactly where the fault lies. Supermarkets are often lambasted as being the sole cause of all ills in the supply chain, which is not entirely fair or accurate. Behaviour varies considerably across the retail sector: some supermarkets really value and nurture constructive long-term relationships with their suppliers. I also appreciate that they are in tough competition with aggressive rivals, some of whom—I am thinking of some of the relatively new entrants to the market—are not subject to the same pressures to deliver short-term shareholder value as public companies.

Although consumers care very much about the quality of their food, and about where and how it is produced, they understandably want low prices, particularly during a cost of living crisis. We are all deeply unhappy about the soaring price of food over the past 12 months, which reached as high as a 20% increase last spring. The statistics from the Trussell Trust about the escalating reliance of many families on food banks are shocking.

The behaviour of the supermarkets is rightly scrutinised, but the role of the intermediaries—food manufactures, processors, importers and packers—can be somewhat overlooked in these discussions. Often, the more fraught relationships are between suppliers and intermediaries, rather than the big supermarkets, yet the intermediaries are not required to abide by the GSCOP. Having said that, I have heard worrying anecdotal evidence that some retailers game the system by instructing suppliers to deal with intermediaries as the buyers, rather than with the retailer, so that the latter cannot be held to the code. I was also struck and concerned by the comments of Mark White, the Groceries Code Adjudicator, in launching the most recent report. He said the report showed that supermarkets

“appeared less invested in the continued relationships with their suppliers”,

adding that

“Suppliers feel there is now less good faith shown by retailers in CPI negotiations”.

He expressed disappointment at the feedback from the survey, and concern that poor negotiations over CPI have had a significant impact on the relationships between retailers and suppliers.

I mentioned the 2023 report of the Oxford farming conference. The report from this year’s conference by Ged Futter, founder of the Retail Mind, touched on similar issues. He has predicted that relations will worsen in the months to come—that the next six months in the grocery market will be more brutal than any time in the last four years. He claims that retailers have focused solely on lowering costs, and that they have even asked for cost decreases in some cases in which they did not grant an increase in the first place. There is a problem here that needs to be addressed urgently before the situation deteriorates further.

We know that it has taken the Government a long time to use the powers in the Agriculture Act to look at the dairy and pig sectors. Can the Minister explain what plans the Government have to rectify these system-wide problems? Have the Government, in the first instance, conducted a thorough assessment of the robustness—or lack of it—of the food supply chain? Where exactly are the weaknesses, and how much progress has been made in mitigating them? Why is it taking so long to devise and/or implement the fair dealing codes set out in 2020?

It seems that the Groceries Code Adjudicator has been working hard and is making inroads on improving some retailers’ compliance with the GSCOP. I am encouraged by the tone of the GCA’s remarks following his recent report; it indicates a willingness to get tough with those who do not abide by the letter and spirit of the code, and to get to the bottom of what is generating negative comments such as those made by suppliers during his deep-dive survey. His determined efforts are to be applauded, but I am aware, as has been referenced, that he has quite limited resources at his disposal. That makes me, too, ask whether those resources are sufficient. Does the GCA have the capacity to be as effective as we need it to be? Relative to other regulators, the GCA is extremely small and understandably constrained in the number of investigations it can conduct, the number of complaints it can investigate and the extent to which it can provide arbitration. It is worth considering whether the size of the GCA is proportionate to the challenges that it faces, particularly as those challenges grow and become more formidable.

I understand that both suppliers and retailers articulated the view that the GCA needs more resources, so I ask the Minister whether the Government have considered that issue. Last year, the Government were considering subsuming the GCA into the Competition and Markets Authority, which I think was widely considered to be a retrograde step. What is the current thinking on this issue? Are the Government committed to retaining the independence of the GCA, and in considering that merger, did they review the remit, responsibilities and powers of that body? It is worth looking at that question closely, because it strikes me that there are gaps in the suite of powers granted to the GCA.

Intermediaries are not obliged to abide by the GSCOP, and the GCA has no remit with regards to the relationship between suppliers and intermediaries. Many stakeholders have suggested to me that the GCA is well placed to take on that additional responsibility. I remind the Minister that the Opposition argued that point during the passage of the Agriculture Act. Have the Government explored requiring more transparency when it comes to data and pricing in supply chains? Many stakeholders are calling for the implementation of rules for transparency in supply chains to ensure that farmers have greater bargaining power when negotiating prices and deals.

In addition to the range of pressures that farmers are having to contend with, I have also become increasingly aware of the growing burden of audits that, according to the Oxford farming conference report, is at “a record high”. The report suggests that one supplier interviewed was audited in 40 out of 52 weeks in 2022, with more than 190 audits, many of which were unannounced. Each audit not only requires people on the day but needs to be followed up afterwards to ensure that any actions are carried out. It seems to me that there must be some room for consolidation and rationalisation. Have the Government considered how they can help by working with the range of bodies that ask for those audits to lighten the burden on farmers, particularly at such a challenging time?

It is perhaps also worth returning to the time-honoured question of whether there is more scope for suppliers to collaborate with one another to strengthen their hand. The culture of fierce independence here in the UK, with a preponderance of small producers doing their own thing, does not always help. In many ways, it is admirable, but I fear that culture may be weakening the bargaining position of farmers and growers. In that environment, one supplier usually capitulates to pressure from the retailer to suppress prices. The Oxford farming conference report talks about a prevalent mentality of “last man standing”, where some farmers think they can hold out in selling their produce at a very low profit margin until everyone else has crumbled and vacated the market, and then somehow they will emerge triumphant as the monopoly supplier. That pyrrhic approach, however, is usually counterproductive or very short lived, as the retailer usually looks elsewhere and quite often will source the product in question from overseas at a lower price. If collaboration happens, the report claims that it is often a last-resort tactic

“when ‘backs are against the wall’.”

If we look abroad to Spain and France—earlier we were encouraged to be more French sometimes—we can see much more collaboration with many more co-operatives. Co-ops can bolster collective bargaining power to secure better deals from supermarkets and reduce price volatility. However, co-operative farming now constitutes only 6% of our domestic agricultural market, compared with 45% in Spain, 55% in France and 68% in the Netherlands. This morning I visited the Arla Foods dairy in Stourton, outside Leeds, and I could not help noticing that the co-operative has protected the interests of its farmer members very effectively, as well as being highly successful commercially—frankly, we need more of that.

In conclusion, the issue is increasingly urgent, and we need to take complaints from suppliers very seriously. It is not about blocking, hampering or meddling with market forces. It is about making a problematic market, the food supply chain, work much more efficiently, effectively and equitably so that it becomes a market where risks and rewards are shared more proportionally and fairly. The danger is that if nothing is done to improve the supply chain, more suppliers will be driven to the brink and they will pull out of producing food altogether. We are already losing too many British growers and food companies: that is bad for them, bad for the UK in general, and bad for UK food security. The petition is timely and I again thank the petitioners, in particular Guy Singh-Watson and Riverford Organic Farmers, as they have raised a really important issue that merits a strong response from the Minister.

[The Minister for Food, Farming and Fisheries (Mark Spencer)]

It is a pleasure to serve under your chairmanship, Mrs Murray, and I start by drawing Members’ attention to my entry in the Register of Member’s Financial Interests. I congratulate the hon. Member for Neath (Christina Rees) on leading this important debate and, of course, the petitioners on reaching the threshold for it. The number of people who signed the petition demonstrates how highly the people of the United Kingdom value their farmers, and they want to see them getting a fair deal. It is also telling that the debate has been well attended and there has been quite a lot of cross-party consensus. The contributions have been well informed and a spectrum of information has come from Members, which also demonstrates how important farming is to their constituents.

The petition asks the Government to amend the groceries supply code of practice to better protect farmers from “unfair behaviour”. The Government want all farmers to receive a fair price for their products, and we are committed to tackling contractual unfairnesses in the agrifood supply chain. We recognise that some poor practices affect producers across several agricultural sectors. We are taking action to address them, but we do not believe that amending the code is the most appropriate way to do so. The key issue is that relatively few farmers sell directly to supermarkets. Far more often, they sell their produce through intermediaries and processors, and the Government are therefore committed to using powers in the Agriculture Act to introduce statutory codes that apply across the whole supply chain to deliver fair prices to all farmers.

I should declare that I was a member of the Bill Committee for the Groceries Code Adjudicator Bill, and the groceries code was put in place following a detailed market investigation by the Competition Commission in 2008 that found that suppliers of groceries to large supermarkets faced unfair risk that adversely affected competition. For producers that supply directly to the 14 largest retailers designated by the Competition and Markets Authority, the code already covers the issues raised in the petition. For example, it prevents the unilateral variation of supply agreements, specifically covers issues such as wastage and forecasting errors, and requires retailers to pay invoices on time. The code is enforced by the Groceries Code Adjudicator, who is appointed by the Secretary of State for Business and Trade. The Secretary of State is required to undertake a review of the effectiveness of the GCA every three years. The most recent review was published in July 2023, and found that the Groceries Code Adjudicator continued to be an effective regulator.

The positive impact of the GCA is clear in the latest results of its annual survey. It now receives responses from over 2,000 suppliers from the UK and abroad. In 2014, just after the GCA was set up, four out of five direct suppliers said they had experienced an issue with the code. That figure has now fallen to fewer than one in three. It is, of course, concerning that suppliers are being let down in some cases, but those achievements have been delivered through the Groceries Code Adjudicator’s collaborative approach to regulation, which involves gathering insight from a range of sources and working closely with a small number of regulated businesses to quickly change their behaviour.

Of course, that does not mean that all unfair practices have been permanently stamped out, and we have heard examples today of farmers who have felt unfairly treated. Unfair practices can be exacerbated by external factors, such as the recent cost price pressures. The Government are aware that there are behaviours throughout the supply chain that are not covered by the GCA, and crucially the code does not always reflect the farmers’ indirect relationship with supermarkets. In 2016, in response to a call for evidence that explored the case for extending the GCA’s remit, we highlighted our intention to target further interventions on a sector-by-sector basis. As a result, we took powers in the Agriculture Act to enable the introduction of statutory codes of contractual practice to protect those farmers. The codes will apply to any business purchasing agricultural products directly from farmers. They will provide greater certainty for farmers by ensuring that clear terms and conditions are set out in contracts. We intend to tailor the powers to those sectors that need them, because we acknowledge that the problems experienced by each sector differ quite widely. We must avoid introducing broad regulation that places burdens on sectors that may not require intervention, but we must make ensure that we concentrate on those areas that do.

We carried out the first review, in the dairy sector, in 2020, and it was clear from the responses that a minimum framework of contractual standards was required to offer improved protections to those farmers. We have worked closely with industry to ensure that the regulations are tailored and proportionate, providing the flexibility required in a global commodity market.

[Daniel Zeichner]

Does the Minister agree that it has been a slow process? We still do not have the regulations. Could he give the House an indication of when we might expect to see them?

[Mark Spencer]

That is a fair question from the hon. Gentleman. We have been working closely with not only retailers but processors, Dairy UK and the NFU to ensure that the regulations we are about to introduce will work for the sector across the board. I cannot give him a date as I stand here, but I will go out on a limb and commit to him that we will table them before the Easter recess. I acknowledge that we should have done it quicker, but it was more important to get it right. I am confident that we have got it right in the end.