Groceries Code Adjudicator Bill [Lords]

Eilidh Whiteford Excerpts

Monday 19th November 2012 Commons Chamber

[Dr Eilidh Whiteford (Banff and Buchan) (SNP)]

I am very pleased to be able to contribute to this debate, and I commend the Government on introducing these measures and making such good progress with the Bill.

There is general agreement among Members that effective measures to protect producers in supermarket supply chains are long overdue, and that the groceries code adjudicator is a step in the right direction. The issues we have to grapple with now are whether the Government’s proposals will achieve what they set out to achieve and whether the adjudicator will have sufficiently sharp teeth to be an effective regulator.

If I have one overarching concern about the Bill it is that the establishment of a groceries code adjudicator will not serve to address the underlying problems of the concentration of power in groceries supply chains and the dominance of a handful of large supermarkets. Indeed, it is not designed to do that. The groceries code adjudicator will not tackle in any fundamental way the huge power imbalance in these supply chains between producers, processors and retailers, but it could, perhaps, tackle some of the symptoms of these underlying issues, and redress some of the worst imbalances, at least to some extent. The adjudicator will only be able to do so, however, if it has real sanctions at its disposal and the confidence of producers.

These are not new problems. Farmers and food producers have complained for years about the way in which supermarket supply chains operate. The specifics change, but the refrain has been the same for at least 20 years: smaller-scale producers, including some farmers in my constituency, secure a contract with a large supermarket and invest in creating jobs and new equipment, only to find that the goalposts shift very quickly. As the hon. Member for Sherwood (Mr Spencer) just recounted from his own experience, as time goes by an unsustainable squeeze is put on them, whether through the imposition of lower margins or changed specifications, or through late payments, demands for the producer to fund promotions or retrospective changes to the terms and conditions of their contract. In short, the risks and the costs are pushed down the supply chain. Those at the sharp end of primary production find they have little negotiating power in a supply chain in which a handful of large retailers and processors reap a disproportionate share of the profit.

I am glad that the proposals will tackle discretionary pricing and the shifting sands in supplier contracts, but the measures need to be enforceable. This evening’s debate has rightly focused on the efficacy and enforcement of the code of conduct and whether reputational risk will be a sufficient deterrent to curb the worst excesses of retailers’ behaviour towards suppliers. I appreciate that any new powers may have unintended consequences, and that we need to ensure that any new scheme does not backfire on consumers, but we must also acknowledge that this has been a long-standing problem. We must appreciate, too, that it is a structural problem. These imbalances have not arisen just in the last couple of years. They have existed for decades, and we must not miss this opportunity to tackle the problems in the supply chain.

We must recognise that these problems have already done considerable damage to our farming communities, and that they are continuing to do damage and are making our processing sector very vulnerable. If we are serious about food security and enabling our primary producers to continue to farm and produce the food we need, we must understand the pressures they face and take them a lot more seriously.

The disturbing and disappointing news breaking this evening that Vion is pulling out of the UK illustrates all too keenly the fragile nature of our food supply chains and the pressure our food producers and processors face in the current economic climate. Some 13,000 people across the UK work for Vion, including more than 130 in my constituency at Strath of Brydock. I know Members across the House will share my concern about the uncertainty facing the employees of Vion, and I ask the Minister to give us an assurance this evening that everything possible will be done to ensure continuity in those Vion plants across the UK, and that the Government will be working very hard to find buyers for the businesses.

The problems in the supply chain are one of the factors that give rise to the problems food processors face, and addressing them is one of the objectives of the Bill. This evening’s news about Vion is very unfortunate, but it should serve to concentrate our minds on why we so desperately need an effective groceries code adjudicator. This is not a debate about an abstract topic; real people’s jobs and lives are at stake.

We should not forget the negotiations on the common agricultural policy. Many farm businesses in my constituency would not be economically viable were it not for pillar one support. Many jobs in the processing sector would be completely unsustainable without that support. I gather from debates in recent weeks that the Government think that there is a case for reducing CAP support to our farmers. Unless we have effective measures to influence supply chains, that is not viable and it will put undue pressure on our rural communities and farmers who are going through difficult times, given the wider economic context in which they are trying to trade. An adjudicator needs proper powers if they are to be able to rise to the challenge of sustainable food production in the years ahead.

Many people say that the problem with voluntary codes is that they do not stand the test of time, and tend to be eroded or watered down once media attention disappears. As public attention wanes on issues such as the situation of dairy famers, reputational risks diminish for the retailers and it is back to business as usual. That is why reputational risk measures on their own will not be enough to enforce the role of the adjudicator, and we must look at more substantial financial sanctions. Dairy farmers’ success over the summer badly needs to be consolidated. Dairy farmers in my constituency cannot spend every Saturday afternoon on the high street at Drummer’s corner with petition boards. Young farmers do not want to have to dress up in cow outfits to get attention: they just want to be able to do their job. They cannot rely on being able to generate public sympathy all the time.

Without doubt, retailers value reputations and brands, but without sustained, concerted action by suppliers to keep public attention on their own product the story quickly dies. Retailers employ highly paid, very professional public relations executives, whereas working farmers do not necessarily have that public affairs expertise at their disposal, and do not have the money to pay for it. The loss of reputation for supermarkets does not necessarily translate into sufficiently meaningful change in consumer behaviour and consequently supermarket behaviour. Earlier in the summer, allegations of tax avoidance were levelled at a number of large corporations, including supermarkets such as Tesco and Asda, but that has not translated into a customer exodus, so I caution the Minister against relying too much on reputational damage to enforce the role of the groceries code adjudicator.

Supermarkets insist that price and quality are the key drivers of customer satisfaction, and my own view is that financial penalties are likely to be the most meaningful sanctions, and they should be available from the outset. Responsible retailers do not have anything to fear from that. Indeed, it might encourage them to develop better, more progressive and responsible supply chain models. To give credit where it is due, Morrisons supermarket has used a different supply chain model for its meat producers. It has a meat processing plant close to Turriff in my constituency, and farmers are much happier about that model than about previous models. There is a bit of learning still to do in the process, but there is a chance to incentivise good practice in the Bill, rather than simply hold a sword of Damocles over the supermarkets.

Another issue that has been debated this evening is accessibility and whether third parties, trade associations, non-governmental organisations and others should be able to provide evidence to spark an investigation. I am glad that the Government have recognised the valuable role that those third parties can play in the process. From my point of view, it is the veracity of the evidence that matters, regardless of its source. If there is credible evidence that the code has been breached, it should not matter where the evidence comes from. One of the main reasons why the effectiveness of voluntary codes has not been sustained is that suppliers, as has been said, are scared to put their head above the parapet and challenge manifestly unfair supply chain practices by the major retailers because they fear retaliation. They worry about losing their contract, and about getting a reputation as a troublemaker. That is one reason why others need to be able to raise concerns on their behalf.

As has been said, there is a global dimension to the Bill. The retailers who will be affected by the groceries code adjudicator all have extensive overseas supply chains, including in parts of the world where there is scant regard for labour rights, where pay is abysmal and exploitation is widespread. Pushing the costs and risks of production down the supply chain on to producers causes real hardship for our own farm businesses, food producers and processors, and other suppliers. At an international level, however, that squeeze is felt by some of the poorest people in the world, who have no social protection whatsoever. For the most part, they are not in a position to act as advocates for themselves, which is why it is important that others not only highlight the problems in the supply chain—ActionAid, Oxfam and others have done so for years—but can do so with a reasonable hope and expectation of securing meaningful change in practices.

I hear a lot of complaints from farmers in my constituency, but very few of them are willing to go public and put their head above the parapet. The hon. Member for Sherwood was careful not to identify any of his constituents for fear of the consequences. Anonymity and confidentiality are essential, but for suppliers who produce a unique product that no one else produces or a niche product that only a limited number of suppliers produce there is nowhere to hide, because they can be easily identified. I urge the Minister to respond and take on board the important role both of third parties and of the adjudicator in being able to initiate investigations.

I want to conclude by sharing with the House an advert that appeared in the Scottish press in the summer. Tesco, which posted UK profits of £2.5 billion this year, advertised for a buyer to operate in the Scottish islands among some of the most marginal farmers anywhere in the British isles. The job advert asked for candidates who would

“achieve…savings/income target through the 4 ways of buying: Buy for less; Someone Else Pays; Use less; Re-engineer”.

I find that quite shocking, as it is a naked admission from the retailer of what its supply chain model really is. Beneath all the hype and the glossy corporate responsibility literature, the supply chain model is to squeeze small, marginal producers as much as possible to maximise profits. That should be challenged, and when we debate the careful balance of these issues we must absolutely understand that those retailers have been ruthless with small farmers, and have made it increasingly non-viable for them to farm and to produce the food on which we all rely.

We have waited a long time for effective sanctions. Financial penalties will send a signal not just to the retailers but to farmers and producers that the Government are serious about helping them. It would improve confidence in the adjudicator as the post is established. We hear a lot that “Every little helps.” Perhaps it does, but we do not want just a little at this juncture. We want the measure to be a first step, and we want a robust Bill with solid sanctions. The Committees that have produced reports on the issue have said that the Bill needs to go further, and that proper financial sanctions are required. I hope that Ministers will listen and take that on board, and that we will see an effective groceries code adjudicator.