Groceries Code Adjudicator

John Hayes Excerpts

Tuesday 3rd June 2025 Westminster Hall

[Sir John Hayes (South Holland and The Deepings) (Con)]

I beg to move,

That this House has considered the powers of the Groceries Code Adjudicator.

It is a delight to be here and to speak on this subject, which is of great importance to my constituents, both consumers and producers. A free economy works best when those who buy and those who sell can do so in a multiplicity of places. Nowhere is that more important than in the field of food, for food is the most basic of all commodities; we all, after all, need to eat. That variety prevailed for most of time. Indeed, if one thinks of the earliest civilisations, the way we mark them is by their trading capacity, such as those in the Levant who traded food produced there in markets between 7,000 and 10,000 years ago.

Yet in my lifetime—in all our lifetimes—the provision of food in this country has changed. It was Napoleon who described Britain as a “nation of shopkeepers”. If only that were still true. In my boyhood, my mother could shop at a variety of places to obtain the food products and other household items that she needed. What has happened during my lifetime is that a monopoly supply, or near-monopoly supply, of food provision has emerged, in the form of the great behemoths, the huge supermarkets, the corporate interests that now dominate the provision of food.

That has broken the food chain. Let us be in no doubt about where we are as a nation in respect of the provision and consumption of foodstuffs. The food chain is broken, and Governments of all colours have been reluctant to face that reality. Indeed, there has been a defence of the fact that most people now are obliged—I emphasise that: obliged—to buy their food from a handful of places, with little or no choice as to whether they do so, because, as I said, everyone has to buy and consume food. The defence offered is that it has driven prices down; but I will contest, in this short debate, that that is not really so.

Bulk buying of food, which is now the norm—most people buy their food on a weekly basis; they fill their trolley with any number of goods—does three things. First, it disguises the relationship between cost and value. In the days when people bought as they needed, they had a pretty good idea of what things cost and whether they were providing value for money. When people fill a basket, those details are lost in bulk purchase. That allows supermarkets to produce what they call loss leaders, which are cheaper products that draw people in.

[Rachel Gilmour (Tiverton and Minehead) (LD)]

The Groceries Code Adjudicator is of course vital, but my party and I believe that its remit is too narrow. Does my right hon. Friend agree with me that it is time for a new groceries code regulatory authority, with powers to introduce price floors and ceilings, ensuring fair prices for suppliers and consumers?

[Sir John Hayes]

I am delighted to accept the hon. Lady’s advice on that. She is not, in parliamentary technical terms, my hon. Friend, but she is a friend none the less, and she is right in her assertion, which I shall move to after I entertain the House a little further with my preparation for making exactly that argument. The essence of my call today is that this Government need to take action to deal with the near-monopolistic supply of foodstuffs that our constituents are obliged—I use the word again—to endure. The best way of doing that is through a more regulated market, and she is right to say so; but let me set the scene a little more before I come to the point at which I will call for exactly what she has suggested.

As well as the loss leaders that I mentioned, which have the seductive effect on consumers of encouraging them to buy many other things, secondly, that kind of provision of food has led to a great deal of waste. From studies that have been done, we know that these days much of what people buy—as much as 20%, or perhaps a little more—is never consumed. That would have been unthinkable a couple of generations ago. People would not have believed it was possible to stock the pantry or fridge with all kinds of things that ended up on the scrapheap.

[Mr Alistair Carmichael (Orkney and Shetland) (LD)]

rose—

[Sir John Hayes]

I give way to the Select Committee Chairman, to whom I pay tribute on this subject for bravely making the case that I will make today, with less expertise than his.

[Mr Carmichael]

The right hon. Gentleman flatters to deceive, I fear. He is right about the way grocery supermarkets go about their business, but much of the problem is the way they choose to go about it. I recently heard from a livestock farmer who bought in potatoes to feed stock. He expected to find them green, bruised or damaged, but when they arrived they were perfect; they just were not conformed to the particular specification that the supermarket demanded. That demand does not come from consumers, but directly from supermarkets. If he looks around Europe and elsewhere, the right hon. Gentleman will find that supermarkets there behave very differently.

[Sir John Hayes]

The right hon. Gentleman is right. That is why, when he and I were in Government together, we introduced the Groceries Code Adjudicator. He will remember that I worked closely with his colleague Vince Cable, then Secretary of State, and was involved in that decision. He is also right to focus on the producers. I have spoken so far about consumers, but I want to go on to talk, thirdly, about the distortion in respect of producers.

I began my speech by speaking about how both producers and consumers need a multiplicity of places to buy and sell. In the model that I set out, the one that prevailed for aeons, people who made and grew food, primary and secondary producers, were able to sell to a variety of places. In our lifetimes—I might be overestimating the age of some hon. Members present, but certainly in many of our lifetimes—markets existed where farmers would take their produce to auction. Indeed, there was a livestock market in Spalding in the streets until the 1930s and a covered market until the 1990s, where livestock was brought to be traded and auctioned very openly.

Producers have also been affected by this distortion. As the food chain breaks, it is not only consumers who struggle, able to go to only one or two places to get not just what they want, but what they need, because, as I said, foodstuffs are fundamental.

[Jim Shannon (Strangford) (DUP)]

I thank the right hon. Gentleman for bringing forward this debate on an incredibly important topic. Those of us here will express that shortly. Does he welcome, as we all should, the commitment shown by these examples? Tesco, Asda and Lidl in my constituency have an arrangement on Fridays and Saturdays to give those goods that are coming to the end of their shelf life but are still consumable to local community groups, which in turn filter them out to those who need help, the families below the poverty level. We are sometimes hard on the superstores for what they do, but we should recognise that there are occasions when they play their part.

[Sir John Hayes]

The hon. Gentleman is right. His endless good will, known in this House for some time, encourages him to emphasise that supermarkets do deal with their waste products, but inevitably, as well as the waste products that over-consumption produces, supermarkets throw away many of the things on their shelves because of sell-by dates. It is hard to get a handle on, because quite a lot of it is disguised, but supermarkets themselves are actually contributing immense amounts of food waste.

It is true that some communities have found settlements for that, in the way that the hon. Gentleman described. Some supermarkets have at least paid lip service—I say at least, because it is occasionally more than that—to redistributing some of the waste food from their shelves into communities, but we should not be gulled by that. Burke said that tyrants seldom need a pretext; this is a kind of economic tyranny. To have a circumstance in which a near cartel of supermarkets can determine the price of products and then foist them on to a consumer base that has little other option is, in commercial terms, about as tyrannical as can be imagined.

You can tell from all that, Dr Allin-Khan, that I am not a great admirer of the large retailers, and not just for the reasons I have given. I doubt, for example, that supermarkets are particularly careful—by that, I mean they are careless—about the circumstances of their customers and employees. I am not confident that a supermarket chain has quite the sensitivity to a locality, to a community or to a group of people who become their customers and employees that a small family business has. Happily, I still have some of those small family businesses selling food in my constituency, and thank goodness for that, but their number has shrunk. The nation of shopkeepers is now a nation of very large shops, and those are corporate entities rather than the kind of shops that I imagine Napoleon had in mind. This huge problem has affected our high streets, where supermarkets have become more ubiquitous and the only grocers one can spot is a Tesco or a Sainsbury’s—or perhaps an Aldi or a Lidl—rather than the variety once seen up and down our constituencies.

It has also affected producers, as I will come on to in the second part of my speech, because my constituency is disproportionately responsible for the production of UK food. Lincolnshire grows 30% of the UK’s vegetables, 20% of the sugar beet, 18% of the poultry, 20% of the potatoes, and it processes 70% of the kingdom’s fish. In total, my county produces 12% of all the food that fills the shops and shelves, pantries and fridges of our country. Given that, one can understand the particular concerns that farmers and growers in my constituency have about the way those big retailers treat them.

The picture I painted, of an open economy where people can sell in a variety of places, has long gone. Most of my primary producers have very few options, and therefore often have a gun put to their head by their customers, the supermarkets. That might affect their terms of trade and the prices they are offered, which is why the relationship between farm-gate prices and retail prices is, again, distorted in this broken food chain. It often involves sharper practice still, where supermarkets cancel orders quickly; even when a farmer is tooled up ready to provide goods, they will find that in the next season they no longer have a contract to do so.

In the past, supermarkets have lumped all kinds of other costs on to the supplier, such as marketing and transport costs. That is unacceptable, and it is ultimately unsustainable, as those businesses make too little profit to reinvest and therefore become less competitive. We might say, “Well, surely the supermarkets need to obtain their goods to sell them,” but we know where they then go; they import goods from countries that produce those goods at standards we cannot imagine in this country, thereby putting even more pressure on domestic producers. Do we really want that, or do we want a country that cares about food security and becomes more economically resilient because more of what we consume is made here?

A Labour Prime Minister once spoke of British jobs for British workers. He was right. We indeed want British jobs for British workers and we want British goods for British consumers, too. We need to recognise that the provision of food as locally as possible provides economic security, cements and secures communities, and shortens supply lines and therefore, apart from anything else, has immense environmental benefits by cutting food miles. That is the kind of economy that we can have, because there is nothing inevitable or pre-ordained about fewer and fewer food suppliers dominating the food chain.

I have spoken about the impact on consumers of reduced choice and the impact on producers of not being able to trade their goods fairly and freely. Now, I shall talk about the changes we could make. In addition to the decline in income that all types of farm have suffered in the last several years—figures from the Department for Environment, Food and Rural Affairs suggest a sharp decline between 2023 and 2024—there is an issue with the GCA itself.

I am proud to have played a part in setting up the Groceries Code Adjudicator in 2013, but since then the GCA has conducted only two major investigations—into Tesco in 2015 and the Co-op in 2018. The GCA’s power to fine retailers came into force in 2015 and applies only to breaches that occurred after that date, so it did not apply to the first of those investigations. Then, in 2018, the adjudicator said that it did not consider

“the nature and seriousness of the breaches by Co-op to merit a financial penalty.”

So although the GCA has had the power to investigate and punish retailers who breach the groceries code, for that is what the GCA oversees, it has not done so. Why is that? Where is this reluctance rooted? What has been the reason for it?

The reason is partly that those detrimentally affected by the broken food chain are reluctant to report their problems to the adjudicator. They fear they will be identified and later punished—after all, these economic tyrants have little mercy. Those affected can go nowhere else to sell their produce, so what would they do then? They literally have nowhere to go. It is also partly that the adjudicator’s powers are insufficient, and that is the reason for and purpose of this debate.

I am pleased by the reports that the adjudicator is now taking a look at Amazon. As a matter of record, I have never bought anything on Amazon and never will; let me establish that before we go any further. I like to buy my goods in small shops, face to face, and meet real people. I do not want to live in the virtual world—why would we? I want to live in the real world. That investigation is good news, but I fear that, rather like the two previous investigations, it may come to nothing, merely raising false hopes of action that will not in the end be taken.

By the way, I hold in high regard the Chairman of the Select Committee, the right hon. Member for Orkney and Shetland (Mr Carmichael), with whom I worked in government. Not all Liberals are as bad as they are painted—at least, not as bad as they are painted by me, that is for sure. I know, too, that the Under-Secretary of State for Business and Trade, the hon. Member for Ellesmere Port and Bromborough (Justin Madders), is a good and responsible Minister, who will be listening to this debate with care. I implore him and the shadow Minister, my hon. Friend the Member for Keighley and Ilkley (Robbie Moore)—because the previous Government’s record on this is not great either—to step up to the mark, because the present position is unsustainable and cannot continue, for we cannot perpetuate a situation where a handful of corporate giants wield disproportionate power over the provision of food, and by so doing, dictate the food security of this country. If they continue to import food at the rate they are without care, how can we be food secure?

Let me deal with the particular measures we would like to see. We need to extend the role of the adjudicator to include more retailers and food service providers, including food manufacturing businesses, because at the moment the scope is narrow. We need to find a better way of guaranteeing the anonymity of those who bring their complaints to the adjudicator. Efforts have been made in that respect, and even at the time we set up the system we were mindful of that issue and tried to create some degree of protection for people going to the adjudicator with complaints, but I am not sure that has bedded in as well as it might have done. I know from speaking to farmers and growers in my constituency, whom I meet weekly, that that remains a fear. That is a barrier to the effective application of the adjudicator’s powers.

We also need to expand the adjudicator’s remit to include the ornamental sector, which is important in my constituency. Lincolnshire, particularly South Holland and The Deepings, has a thriving ornamental sector, employing a large number of people in many smaller, often family-run, businesses. They are currently outside the adjudicator’s scope and should be included.

We need the adjudicator to have a role in initiating inquiries and studies, rather than simply waiting for complaints. It would be perfectly reasonable for the adjudicator, on the basis of his or her expertise to initiate inquiries into particular aspects of food provision and retailer behaviour. We want a more proactive role. When the role of Groceries Code Adjudicator was established, it was dubbed the “food ombudsman”. That was never the official title, but perhaps it ought to be. Rather than simply having a narrow remit to enforce the groceries supply code of practice, perhaps the adjudicator could have a slightly broader remit to look at the whole issue of the provision of food and its relationship with food security.

When people such as the right hon. Member for Orkney and Shetland and I began speaking about food security donkey’s years ago, it was regarded as a rather arcane subject and we were seen as mildly eccentric for worrying about such things. Now, food security is a salient issue and at the top of many nations’ political agenda. More than that, it has become critical to national wellbeing. What a good time this is to think more laterally about the role of the food ombudsman and how it might reinforce the Government’s commitment to food security. It would be a way of delivering the objectives that the Government have set out. They said that they are keen to reinforce food security, so why not use the GCA as the means of doing so?

Doing that would allow the adjudicator to develop a strategy and to roll out a set of co-ordinated actions against unfair practices. I would include prices in that because, while all of the techniques I have briefly outlined are used to distort the relationship between buyers and sellers, prices are an issue. How can we ensure that farm-gate and retail prices are brought into closer union?

Just before Christmas last year, we had the obscene spectacle of one or two retailers bagging a series of vegetables in a plastic bag and saying, “These can be bought for 12p.” I had farmers and growers in my constituency telling me, “We have toiled hard to produce high-quality produce, only to see it being sold at a price far below the cost of production. Is it any wonder that the consumer does not appreciate the hard work that goes into making food and the quality of food grown in this country?” There has to be some means of reuniting value and cost by looking closely at the price farmers are paid and the price consumers subsequently pay. That is not to encourage food inflation, but simply to ensure that everyone gets a fair share of a bigger cake, rather than see their share be eaten up in the profits of these corporate behemoths.

By and large, I favour a capitalist economy, although I am not an unbridled admirer of capitalism. How could I be? I am a Conservative, after all. But on balance, I think it is perhaps the best of a series of faulty options. As I said at the outset, capitalism works when people can buy and sell in a multiplicity of places—circumstances that do not prevail in the UK food sector. By empowering the Groceries Code Adjudicator, which henceforth will be known as the food ombudsman, I think, we may be able to rebalance the provision of food and join again the food chain, which is so badly broken.

[Dr Rosena Allin-Khan (in the Chair)]

I remind Members that they should bob if they wish to be called in the debate.

--- Later in debate ---

[Robbie Moore (Keighley and Ilkley) (Con)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I congratulate my right hon. Friend the Member for South Holland and The Deepings (Sir John Hayes) on securing this important debate. Who better to open this debate than a Lincolnshire representative from a county that I know very well and which produces 30% of our vegetables, 20% of our sugar beet and, collectively, 12% of all of the food that we find on our shelves?

We have heard contributions from Members from all four nations of the United Kingdom—Northern Ireland, Scotland, Wales and England. I represent the constituency of Keighley and Ilkley in God’s own county of Yorkshire, and we also have many producers and growers who have a relationship with supermarkets, and have been expressing their concern to me in advance of this debate.

The Groceries Code Adjudicator is hugely important in addressing some of the systematic issues within our food supply chain that have been referenced in the debate. It was set up under the coalition Government, which my right hon. Friend the Member for South Holland and The Deepings noted. It manages only 14 retailers, which cover a vast swathe of the food market, but that does not go far enough. Competition puts huge pressures on our suppliers and growers further down the chain, which is why it is vital that the Groceries Code Adjudicator addresses unfair practices. The questions that have been raised in this debate are those of power, funding and resource.

In 2024, a survey run by the GCA reported a reduction in the number of groceries code issues and an increase in supplier satisfaction with retailers, where issues were raised. I question that report. All Members speaking in this debate have picked up on the fear among growers and producers of being blacklisted if concerns are raised, and a reluctance to even report, because of the huge pressure that can be put on them by the retailers.

The 14 retailers included in the scope of the GCA and the code of practice cover a significant proportion of the UK market. However, it misses a number of smaller but significant retailers. That is the point I want to build on, as mentioned by other Members today. Has the Minister considered reducing the £1 billion turnover threshold that marks the point where businesses must be compliant? If that threshold were removed, many more retailers would be brought into the fold of the GCA. Members have advocated for that in today’s debate.

The work of the GCA is important in maintaining the health of our supply chains. An unfair contract between a retailer and a producer or grower can be devastating. We have heard the points made in the debate—the challenges are huge. That can result in growers and producers being locked into unfair contracts. Orders can be cancelled unnecessarily. The Chair of the EFRA Committee, the right hon. Member for Orkney and Shetland (Mr Carmichael), made a point early on in the debate about potatoes—they were of sufficient quality for any consumer to eat, and yet, because they did not meet the exact specification from the retailer, the order was not taken.

[Sir John Hayes]

I forgot to say what a pleasure it is to see you in the Chair, Dr Allin-Khan. My hon. Friend identifies a fundamental issue. In commercial transactions, there is always risk, and that risk needs to be balanced. At the moment, all the risk is taken by the farmer or grower and none of the risk is absorbed by the retailer. We need to adjust that balance to ensure fairness, in the way that has been articulated by so many Members across the Chamber.

[Robbie Moore]

My right hon. Friend makes a valid point. At the moment, the risk is all sitting on the shoulders of the growers and producers. That is unfair, because there is a certain expectation of the food they are preparing, whether in quantity or quality, but some of the risk factors are completely out of their control, as the hon. Member for Lichfield (Dave Robertson) noted. Those factors include weather conditions, which impact many of our farmers and growers. The lack of flexibility in the contracts is another.

That is why the GCA must have the teeth that many have talked about in this debate, because these issues go beyond the impacts of the unfair contract. At a time when pressures on our agricultural sector are mounting, additional budgetary pressures were announced by the Government in last year’s Budget. The hike in employer’s national insurance, the family farm tax, which has created a huge amount of uncertainty, the cuts to the sustainable farming incentives, and the drastic reduction in the delinked payments to a cap of £7,200 are all additional cash-flow pressures, exposing our farmers and growers to long-term uncertainty, beyond the challenges associated with the contracts they are entering into with retailers.

While the GCA has made hugely important steps, many producers and growers are still unaware of its role and powers. There is absolutely more work to be done within the industry to build awareness and trust of the GCA and its powers, and that is exactly what the nub of this debate is about. We know that pressures are mounting on the agricultural supply chains that run right the way through the system, from farm to fork. One of the shortcomings of the GCA in its current set-up is that it only handles the relationship between the retailer, the supplier and some farmers and growers, missing out many farmers, growers and other intermediaries in the supply chain. That has to be addressed, as has been referenced by many Members in their contributions.

That has to be addressed if we want to restore a level of trust in the system, and work to do so has been started. The Fair Dealing Obligations (Milk) Regulations 2024 were introduced recently, which have a specific focus on milk, and regulations for other products are on their way. But I ask the Minister: what are we doing to address this disjointed approach? It seems that multiple regulators are managing different elements of the supply chain, which is creating more friction and uncertainty for businesses.

The experience of the last decade shows the growing case for better lines of communication between the GCA, DEFRA and the Agricultural Supply Chain Adjudicator. What conversations has the Minister, in his role representing the Department, had with DEFRA and the GCA? That was a point made by the Chair of the EFRA Committee, the right hon. Member for Orkney and Shetland; I congratulate him on the work he did in introducing his ten-minute rule Bill, which had the support of the Opposition.

Going forward, I hope that the Government will be able to pick up where the last Government left off and not only expand on the fair dealing regulations, but tie in the GCA and its operation to the Agricultural Supply Chain Adjudicator, providing a joined-up approach to the full supply chain. Although I welcome the increasing scope of regulatory framework on the agricultural supply chain, does the Minister plan to include other products, such as ornamentals, as part of an expanded GCA remit? Ornamentals, like food, are perishable and suffer with the same challenges that many Members have outlined in this debate.

What are the Government’s intentions when it comes to increasing the GCA’s powers, funding, resource and people power, so that it has the ability to enact the requests of both sides of this House? I reiterate that trust absolutely needs to be restored into the system, which can only be done by re-establishing better supply chain relationships throughout the system. That relies on giving the GCA more power, more finance and better lines of communication with DEFRA and the Agricultural Supply Chain Adjudicator.

--- Later in debate ---

[Justin Madders]

I thank the right hon. Member for his question. Of course, the review is dictated by the legislation that his party was, in government, involved in introducing, so part of the problem is where we are with the statutory framework, but I do take his wider point that clearly there are a number of different developments in how we deal with the overall agricultural food supply market; the GCA is just one part of it. The other developments, which Members have talked about, particularly in terms of ASCA, probably need to be looked at more holistically than is the case at the moment.

[Sir John Hayes]

I am grateful to the Minister for that remark, but the right hon. Member for Orkney and Shetland (Mr Carmichael) is right: the important thing is co-ordination. The previous Government did a good job in establishing the basis for the “fair dealing” obligations, but it is really important that the work being done—outside the Minister’s Department in some cases—is co-ordinated, and the Groceries Code Adjudicator, in exactly the way that the right hon. Member for Orkney and Shetland suggested, has a purview that extends across the whole process. I hope the Minister will give a commitment to that now.

[Justin Madders]

I acknowledge the wider points that have been made. Members have raised today a number of issues that are beyond the scope of the Groceries Code Adjudicator and clearly are within the bailiwick of the Department for Environment, Food and Rural Affairs, which clearly I need to work with on developing a more holistic approach. That is one of the challenges we face, because the code regulates only designated retailers’ dealings with their direct suppliers and currently applies to the 14 largest grocery retailers in the UK, each with an annual turnover of £1 billion or more.

A number of Members referred to the threshold and questioned whether that is currently appropriate. It is worth pointing out that, according to the marketing data company Kantar, the 10 largest retailers covered by the groceries code amount to 97% of the grocery retail market, although the adjudicator has said that he is happy to hear views on whether the threshold should change and about suppliers’ experiences of dealing with retailers not currently covered by the code. The adjudicator has also said that he will pass on any relevant information to the CMA to inform future decisions on retailer designations under the code. There is therefore an opportunity for Members to feed in if they feel there are particular retailers under the current threshold that should be included.

A number of Members talked about the issue of price. The code does not regulate the prices agreed between retailers and suppliers. It does, however, require these negotiations to be conducted fairly and transparently, and the GCA is keen to ensure that negotiations around cost price pressures do not lead to non-compliance with the code. In 2022, the GCA published the seven golden rules to remind retailers of best practice when agreeing to prices.

--- Later in debate ---

[Sir John Hayes]

With that pledge that I can continue to communicate with the Minister, I am delighted to thank all colleagues who contributed to this debate. It is perfectly possible to feed the nation at a fair price without fuelling the excessive profits of greedy plutocrats. To do that, we need to extend the power of the adjudicator in the way that has been set out by a considerable number of Members from across the House. It is vitally important the food chain is relinked, to make sure that all those involved in the production, distribution and sale of food can act in a way that is commercially viable but fair. It is not fair now.

Motion lapsed (Standing Order No. 10(6)).