Gangmasters Licensing Authority

Debate between Jim Sheridan and Jack Dromey

Tuesday 21st February 2012 Westminster Hall

[Jack Dromey (Birmingham, Erdington) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Brady, and I pay tribute to my hon. Friend the Member for Edinburgh South (Ian Murray) for initiating this debate.

I want to tell a story about what happened in February 2008. Five years after the Morecambe bay tragedy, a commemorative event was organised by the Chinese community in London. Given my involvement in the Gangmasters (Licensing) Bill and its passage into law, I was asked to attend. Two young Chinese women read out letters from relatives of those who had died at Morecambe bay. I do not mind admitting that I, together with everyone else, was in tears as we heard heartbreaking stories of Chinese workers who had come to build a new life in Britain, ringing home on their mobile phones. One story in particular always sticks in my mind. The daughter said: “He was weeping. He asked me to quickly get his mother and his wife. He wanted to say farewell because the water was lapping at his chest. He knew that there was no way out and that he was about to die.”

My hon. Friend the Member for Paisley and Renfrewshire North (Jim Sheridan) did the cause of social justice in Britain an outstanding service by taking through the Bill, and he is right to say that its origins predated Morecambe bay. However, the appalling tragedy of February 2003 brought together the country, all political parties, communities and the industry, to ensure that never again would we have a Morecambe bay tragedy. There was a remarkable coalition of support from Plough to Plate and the National Farmers Union to the supermarkets, and there was also a remarkable all-party coalition. I remember appearing on many platforms with my hon. Friend the Member for Paisley and Renfrewshire North and with Gillian Shephard, who was then a Member of Parliament and spoke in support of the Bill.

At the time, I was deputy general secretary of the Transport and General Workers Union, and I saw an utter determination across party politics and throughout the industry to end modern day slavery and ensure the fair treatment of workers and fair competition. There were honourable gangmasters such as Zad Padda, who spoke out and complained bitterly about how difficult it was to be a reputable gangmaster in what he described as a jungle. Workers were not only treated unfairly, but reputable gangmasters were undercut. The legislation sought to reassure decent farmers that they were using reputable gangmasters and assure shoppers in supermarkets that the goods they were buying were not the product of modern day slavery. It was the most complex private Member’s Bill in 30 years, but it became law.

[Jim Dobbin in the Chair]

I was privileged to be asked by Members from across the parties, and by the industry, together with the then president of the National Farmers Union, Tim Bennett, to appoint the first chairman of the Gangmasters Licensing Authority, Paul Whitehouse. He is a remarkable man who provided outstanding leadership in setting up what was, without doubt, the most effective of the enforcement agencies. It was governed by a board that brought together the other enforcement agencies and the totality of the industry.

The track record of the Gangmasters Licensing Authority is remarkable. The Hampton review pointed out that it has been impressive given its size, and indeed it has. Its achievements in raising standards throughout agriculture and fisheries were welcomed by the overwhelming majority of gangmasters, including the Association of Labour Providers. The authority has rightly driven rogues out of the industry, and recovered millions of pounds for the public purse, including by combating tax avoidance.

The Equality and Human Rights Commission was right to say that the Gangmasters Licensing Authority is the most effective of the enforcement agencies. Its approach to raising standards has been positive and underpinned by the unmistakable message that has been sent to rogue gangmasters and disreputable farmers—there are some—that if they break the law, penalties will be rigorously enforced.

If the Gangmasters Licensing Authority was powerful in the past, it is all the more powerful now because of the issues that it is tackling, which include labour and human trafficking. It works in close consultation with agencies that range from the Home Office to the police. Given the reasons why the GLA was set up, its success and the issues that it now tackles, it seems extraordinary that we should need such a debate because of the red tape review. We should start by celebrating the success of a remarkable organisation and ensure that it has continuing resources to do its job. We should not debate scaling back the Gangmasters Licensing Authority, but consider how we can make it yet more effective and extend its powers and scope.

I take the point that such decisions should be evidence-based. If we consider the evidence, however, there is a powerful case for extending the authority of the GLA into the construction industry. Evidence suggests that the same gangmasters found in agriculture and fisheries also operate in construction. Powers, including the ability to impose civil penalties, should make it easier for the GLA to act against disreputable gangmasters and recover moneys for the public purse. That is the debate that we should be having; we should not have to defend the GLA in the way that I am doing, albeit proudly. I therefore hope that the Government will seriously reflect on the red tape review and put beyond doubt any question mark over the future of the GLA.

[Jim Sheridan]

I suppose that it is right and responsible that we always check red tape. That is being done through the red tape challenge, the red tape review or whatever it is called. However, I am not aware of a single employer, during the time that we were negotiating, raising objections to the Gangmasters (Licensing) Act 2004. Perhaps through my hon. Friend, I can ask the Minister whether there is any evidence of a single employer who has asked for the 2004 Act to be rescinded or for the authority to be merged into some obscure department.

[Jack Dromey]

My hon. Friend makes a very powerful point. I remember a meeting in the House during the passage of the Bill that he addressed. I chaired the meeting. Sitting to my left was Gillian Shephard. Sitting to my right was the president of the National Farmers Union. Sitting to his right were two senior chief executives of two of the major supermarkets. Sitting to Gillian Shephard’s left were two gangmasters. It was a remarkable meeting. All of them were saying the same thing—the time had come to tackle what was a jungle, characterised by serious exploitation, because it shamed our society, and together we were determined to act to end that modern-day slavery.

The debate should be about considering how we make an outstanding organisation yet more effective, tackling exploitation wherever there is evidence of it, including in other sectors, and following the evidence into those sectors—the case in relation to construction is particularly powerful.

I will conclude by saying—this is not aimed at the Minister here today—that I have sometimes been involved in debates with Ministers who, when the word “regulation” is mentioned, hold up a clove of garlic in one hand and a cross in the other. Unashamedly, this debate is about regulation, but this regulation is right. It is effective. It tackles extreme exploitation. Ultimately, the debate is about what kind of society we want to live in. If what happened at Morecambe bay shamed Britain, there should be an utter determination to say, “Never, ever again.”