Groceries Code Adjudicator

John McDonnell Excerpts

Tuesday 25th February 2025 Westminster Hall

[Andrew George (St Ives) (LD)]

It is a pleasure to serve under your chairmanship, Mr Twigg. I congratulate my hon. Friend the Member for Brecon, Radnor and Cwm Tawe (David Chadwick) on an excellent and eloquent speech, which covered all the issues. I also thank the hon. Member for Salford (Rebecca Long Bailey) for contributing very tellingly.

My background in this subject is that, from 2002, I chaired what was known as the Grocery Market Action Group, which had among its members the National Farmers Union, the Country Land and Business Association, ActionAid, Traidcraft, Friends of the Earth and others. It was amazing to have such a disparate group of organisations in the same room, actually working together and agreeing 100% about the injustices and dysfunctionality of the way in which the grocery supply chain was operating.

We presented a range of evidence to the Competition Commission. That ultimately provoked an investigation in 2008, which resulted in the commission proposing the establishment of a groceries code to drive fair trade through the supply chain. The Groceries Code Adjudicator was created to enforce the code and ensure that it was applied by those supermarkets. In those days, only five had a turnover in excess of £1 billion, which was the recommendation of the Competition Commission at that stage.

Having done that, and having worked for over a decade to get the legislation through, I obviously have some skin in the game, which I probably need to declare. I am not trying to claim the credit myself, because it was a cross-party effort.

[John McDonnell (Hayes and Harlington) (Ind)]

Why not? Go on!

[Andrew George]

Well, I suppose I should—no, I will not. One stands on the shoulders of giants, and Colin Breed did a tremendous amount of work from 1997 to 2001. He produced an excellent report called “Checking out the Supermarkets”, which laid a lot of the groundwork for the Grocery Market Action Group. Albert Owen, David Drew and other Labour Members were also very supportive and active throughout those years. There was not always cross-party agreement, or even agreement within my own party, that we should intervene in the market in the way that was proposed. We had to win that argument, and ultimately we did.

At the end of the day, the justification for why the Groceries Code Adjudicator, or any kind of market intervention of that nature, was needed, was that, fundamentally, we had a dysfunctional supply chain operating largely to the benefit of the supermarkets. Not all of our agricultural sector was benefiting from European subsidies or any other public subsidies in those days, but it had become dependent on subsidies because the market was so dysfunctional that public money was needed to prop up the whole system. If we have a functioning market, one can enable the agricultural sector to free itself from dependence on public subsidy. That was largely what was behind what we were trying to do in those days.

When the Groceries Code Adjudicator was established and the code was created, the intention then was only that it would create a framework in which future Governments would review its progress and then build on the framework by introducing or reducing regulations. Certainly the framework was to provide the skeleton on which further developments could happen; of course one cannot anticipate all circumstances.

I want to follow up on the points made by the hon. Member for Salford and my hon. Friend the Member for Brecon, Radnor and Cwm Tawe. There are a number of improvements that I hope the Government will look at very closely. For example, the code should be applied throughout the supply chain, not just to the direct supplier to the supermarket. It was never the intention of the Grocery Market Action Group that the adjudicator should look only at the final transaction between the ultimate supplier to the supermarket and the supermarket itself, because the impact of that contract could be fed right down through the supply chain.

The second point concerned third-country suppliers. The reason why Traidcraft, the Fairtrade Foundation and so on were involved is because they were rightly hoping that third countries could be involved. Then, as my hon. Friend the Member for Brecon, Radnor and Cwm Tawe said, the adjudicator could launch its own investigation on the basis of market intelligence. Finally, it could work alongside the Gangmasters and Labour Abuse Authority, for example, to use its intelligence to take matters forward. Fundamentally, we have a framework that can be developed and improved. It certainly should not depend on seconded staff. We do not get commitment to the cause if we depend entirely on seconded staff, as my hon. Friend the Member for Brecon, Radnor and Cwm Tawe said. I hope the Minister will look carefully at this. Thank you very much, Mr Twigg, for allowing me to speak.

--- Later in debate ---

[John McDonnell (Hayes and Harlington) (Ind)]

The hon. Member for St Ives (Andrew George) should not be so self-deprecating. The Groceries Code Adjudicator was brought about by an excellent piece of work and a good campaign. It was possibly the only thing of any worth that the Lib Dems did in government with the Conservatives.

I just want to make a couple of brief points because my hon. Friends the Members for Salford (Rebecca Long Bailey) and for Lichfield (Dave Robertson) and others have covered the ground very well. I am a member of the bakers union group, too, and in 2013 we welcomed the introduction of the Groceries Code Adjudicator. We met a few times to talk about the individual issues that occurred then. If hon. Members can remember, we raised the issue of low-cost production, particularly of bread, which was a result of supermarket pressure.

My hon. Friend the Member for Salford raised the issue of private equity. If we thought it was bad enough when there were individual supermarkets of sizeable status, we are now in a completely different world. Private equity is sweeping them up, exercising enormous power. I feel that the Government need to get ahead of the game. It is like the residential care sector before private equity took over and leveraged those individual companies. I can remember a number of them collapsing, and I think we are in exactly the same position here. That is why the call for an inquiry, bringing in all concerned partners, is invaluable. It is important to think through the implications and what regulation we can develop. The bakers union is calling for a new regulatory authority, because that would give more status and resources, as my hon. Friend pointed out. We need to understand the significance of what is happening in the field at the moment.

I want to make a second, brief point. The Minister here today is also responsible for the Employment Rights Bill that is going through Parliament. My hon. Friend the Member for Salford mentioned low pay. The bakers union survey found that 80% of its members were struggling to get by on basics such as rent, heat and food. There is a scandal on sick pay in this sector. The survey found that 37% of workers have to rely on statutory sick pay alone when they go off sick. Staggeringly, 13% received no sick pay at all. As a result, I believe some are forced into working when they are sick, which is the last thing anyone wants in this sector. It is important that the issue of sick pay is addressed in the Employment Rights Bill, which I think most people will welcome. I know amendments on that are being tabled as we speak and, in this sector, it could have a direct impact on the wellbeing of workers.

Finally, if we are to move forward, from the bakers union perspective the establishment of a regulatory authority is critical. How it is made democratically accountable is also important. Along with the engagement of farmers and supermarkets, it is key that workers are involved and represented through the unions involved in this sector, so that we can plan a long-term strategy for food production that is not based on low pay or exploitation of farmers.

[Derek Twigg (in the Chair)]

Order. Before I call the Front-Bench spokespeople, I should say that I will call the Minister no later than 20 past. I call the Lib Dem spokesperson, Tim Farron.