Groceries Code Adjudicator

Justin Madders Excerpts

Tuesday 25th February 2025 Westminster Hall

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

Certainly, Mr Twigg. It is a pleasure to see you in the Chair this afternoon. I thank the hon. Member for Brecon, Radnor and Cwm Tawe (David Chadwick) for securing this important debate.

Before I talk about hon. Members’ contributions, it is worth reminding the House of the role of the Groceries Code Adjudicator. Hon. Members obviously have a great deal of understanding of what it does, but it is important to put on the record its limits, which a number of Members referred to. In primary colours, its role is to enforce the groceries supply code of practice by providing advice and guidance to suppliers and large retailers on matters relating to the code; arbitrating in disputes between large retailers and their direct suppliers; investigating issues to ascertain whether there has been non-compliance with the code; and imposing sanctions and other remedies for breach of the code.

The code applies to the 14 largest grocery retailers in the UK, which have an annual turnover of £1 billion or more. Some Members spoke about changing that threshold—I would be interested to see what the effect would be—but it has been in place for some time. The competition measure is owned by the Competition and Markets Authority, and was put in place following a very detailed market investigation in 2008, which found that direct suppliers of groceries to large supermarkets faced unfair risks that adversely affected competition and, ultimately, consumers. As the hon. Member for St Ives (Andrew George) and others mentioned, it was in no small part due to a great deal of campaigning from a number of groups and hon. Members that the code saw the light of day.

The code regulates designated retailers’ dealings with their direct suppliers, which, as we have heard, do not include all the farmers and primary producers. Although it prevents the unilateral variation of supply agreements without notice, puts limits on seeking payments for wastage and requires retailers to pay for goods on time, it does not regulate the prices agreed between retailers and suppliers, which is a commercial negotiation between the two parties. However, it requires that such negotiations be conducted fairly and transparently, and the GCA has been 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 prices with suppliers, and all the regulated retailers have signed up to them.

As we have heard, the GCA was established in June 2013, and since then there has been strong evidence to show that it has been effective in promoting compliance with the code and in changing retailers’ behaviour to improve fairness for direct suppliers. Improvements in retailer compliance with the code are evident from the annual survey. Average compliance with the code has increased from 75% in 2014, when the code was introduced, to 91% in 2024. It is also positive to see that among suppliers there is a high level of awareness of the GCA and the code itself, although I noted that the hon. Member for Brecon, Radnor and Cwm Tawe said that there is a question about awareness among some farmers, and I am happy to explore that further with him.

Moreover, all three statutory reviews of the effectiveness of the GCA concluded that it has been a highly effective regulator. The next review will commence after 31 March, and will look at the performance over the past three years, from 2022 to 2025. Given what we have heard today, I encourage hon. Members and their constituents to contribute to it. The hon. Gentleman raised concerns about the adjudicator’s remit and resources, and there will be an opportunity for him to feed those comments into the review.

The hon. Gentleman also mentioned what he described as bullying by supermarkets. A number of hon. Members talked about a fear of reprisals for raising concerns, and we obviously take that very seriously. It is important to note that the GCA has a statutory requirement to maintain supplier confidentiality. It has relaunched the Code Confident campaign and a confidential reporting platform called “Tell the GCA”, and published a code compliance officer commitment to confidentiality. The 2024 annual survey reported that 82% of suppliers were aware of its commitment to confidentiality. That is a good report, but obviously 18% were unaware of it, and clearly there is a perception out there that matters can find their way back to the supermarkets, which is something we can look further into.

The hon. Member for Brecon, Radnor and Cwm Tawe and a number of others questioned why the GCA cannot instigate its own investigations. I am told that it can carry out investigations of its own accord if it has reasonable grounds to suspect that a large retailer has broken the code or failed to follow a recommendation following a previous investigation by the adjudicator. It is for the adjudicator to determine how he uses his powers, and he has issued statutory guidance setting out his criteria for launching an investigation. The adjudicator’s four prioritisation principles ensure that he targets resources effectively and proportionately. Impact, strategic importance, risk and benefits, and resources are all part of those principles.

[Andrew George]

The Minister is certainly right, providing the investigation was on sound grounds. The worry was always that the investigation may identify a supplier simply by doing it, and that the anonymity intended when an intelligence-driven inquiry or investigation was generated may uncover that particular supplier. Therefore, a wider range of powers—not on the basis of being able to conduct fishing expeditions—to investigate on justifiable grounds is something that I hope the Minister will look at further.

[Justin Madders]

I hear what the hon. Member has said, and no doubt that is something that can be put in as part of the review. When I spoke to the adjudicator, he said that his approach is about ensuring compliance and helping to prevent problems from escalating in the first place, avoiding the need for formal investigations and dispute resolution. He has said that he is satisfied that his current powers provide the necessary tools to enforce the code and change retailer behaviour. He has also been clear—and has said publicly—that if he needs to instigate an investigation he is more than ready to do so.

That leads on to some of the points Members made about the resources of the adjudicator. My information is that there are actually nine staff rather than seven, but the overall point is that that does not seem to be a great deal, given the number of supermarkets and the purchasing power that we are talking about. But it is entirely within the adjudicator’s gift to ask for more resources through the levy. If he feels he needs more, he can also talk to the CMA about secondments—that is something that is entirely up to him. If there is a question that things are not happening because of resources, I am confident that the adjudicator would come forward and discuss that with us.

My hon. Friend the Member for Salford (Rebecca Long Bailey) rightly referenced her leadership of the Bakers, Food and Allied Workers Union parliamentary group, and I am proud to associate myself with that group, having represented it on many occasions in my former legal career. I know how much it has done in this area, and how this area affects its members. My hon. Friend was right to talk about how that sector is often characterised by a race to the bottom, with insecurity and low wages. That is what we hope to tackle through the Employment Rights Bill.

My hon. Friend the Member for Salford also made a number of interesting suggestions about how we move forward, which I will not be able to respond to in detail today, but I note that the Business and Trade Committee has recently begun an investigation into pricing practices. It focuses primarily on dynamic pricing, but the evidence session I attended covered a range of areas where prices were an issue. That report is something I will look forward to reading in due course.

My right hon. Friend the Member for Hayes and Harlington (John McDonnell) also referred to the use of private equity in the supermarket sector, as did my hon. Friend the Member for Salford. He was right to reference other sectors where that has become more of an issue. The CMA has recently looked at that issue in the veterinary sector, so it may be that it has the opportunity to conduct an inquiry, should it wish to do so. My right hon. Friend mentioned a survey in which 13% of respondents had no access to sick pay. We think that that is absolutely wrong, and that is why the Employment Rights Bill will ensure that statutory sick pay becomes a day one right for everyone, regardless of their earnings.

My hon. Friend the Member for Lichfield (Dave Robertson) talked about how dairy farmers in his constituency would like the GCA to apply to their work. He may be aware that the Fair Dealing Obligations (Milk) Regulations 2024 came into force in July last year, and will apply to all existing contracts from 9 July this year. I will pass his comments to the relevant Minister in the Department for Environment, Food and Rural Affairs to see whether those regulations will assist in dealing with his constituents’ issues. DEFRA is also looking at powers in the Agriculture Act 2020 to see whether expanded regulations could improve fairness in the pig sector, as well as looking at the egg and fresh produce sectors. There are therefore a number of tools at our disposal to tackle some of the issues that Members have raised.

The dairy regulations are enforced by the Agricultural Supply Chain Adjudicator, Richard Thompson, who was appointed last summer. We expect that in future he will deal with any fair dealing regulations in the other sectors that I have mentioned. It is important to note that ASCA and GCA are in regular contact to ensure that the two regimes operate effectively alongside one another. We will conduct a review to understand the effectiveness of the fair dealing regulations.

As I have already mentioned, there will also be the triennial review of the GCA. Hon. Members have spoken with great knowledge and passion about a number of issues that they would wish to put forward, particularly about the GCA’s remit and powers. I encourage them to do so, and we will see what the review takes forward. The points made about the importance of this country’s food security and fairness to consumers and producers are absolutely right. I congratulate the hon. Member for Brecon, Radnor and Cwm Tawe on securing the debate.