Agricultural Wages Board

Mark Spencer Excerpts

Wednesday 24th April 2013 Commons Chamber

[Mary Creagh]

I will be talking in detail about the seasonal agricultural workers scheme. I just say to the right hon. Gentleman that 1,610 people in his constituency will be affected by the reduction in pay. I do not know whether he has read the Department for Environment, Food and Rural Affairs impact assessment that was conducted when he was the Minister; I certainly have. It states that 42,000 casual workers are likely to see their pay default to the national minimum wage when their current employment comes to an end. The cost to the rural economy that the Department for Business, Innovation and Skills impact assessment estimates—there are varying figures—are to do with the direct loss of wages, holiday pay and sick pay out of workers’ pockets.

[Mr Mark Spencer (Sherwood) (Con)]

Will the hon. Lady identify what is special about agriculture? Is it that farmers want to exploit their workers, or should there be protection for people in retail, catering and other such industries?

[Mary Creagh]

I am surprised that the hon. Gentleman, with 380 workers who will be affected in his constituency, is asking me what is special about agriculture; I believe that he is a farmer, so he might stand up and tell me. Agriculture is different because people are often living in rural isolation; they may have their home provided by their employer, which puts them in a uniquely vulnerable position; and, as the right hon. Member for South East Cambridgeshire (Sir James Paice) said, they are brought in from countries where English is not their first language—perhaps they do not speak English at all—and are not in a position to negotiate. Those are three reasons for starters, but I am happy to come back to that.

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[Mary Creagh]

That is right, and we all know that as we get older we are more prone to illness. A further reason why farming is different is that people are expected to work antisocial hours and long hours out in what can be very difficult conditions. We saw that with the flooding last year and when farmers and their employees had to dig lambs out of the snow in the very cold winter we have just had.

[Mr Spencer]

rose—

[Mary Creagh]

I will give way later, but I would like to make some progress.

The Government’s own figures suggest that up to £280 million could be lost over 10 years in wages and in holiday and sick pay—a quarter of a billion pounds taken out of areas represented mainly by the parties on the Government Benches, where the cost of living is estimated to be approximately £3,000 more than for those living in urban areas. Up to £35 million a year could be lost in wages alone—again, those figures are taken from the Department for Business, Innovation and Skills impact assessment.

I want to know what happens when money is taken from rural families on the breadline. Who will pick up the tab? People with children will have recourse to income-related benefits, such as tax credits, council tax benefit and housing benefit. Reducing rural workers to the poverty line will take money out of workers’ pockets and transfer it directly to their employers. We, the taxpayer, will pick up the in-work welfare bill. That will add to the deficit. As a strategy for rural growth and deficit reduction, this thoughtless abolition will be catastrophic.

My second point is that the abolition will be bad for the food industry; it goes against business needs. Britain’s biggest manufacturing industry, the food production sector, needs more skilled workers. Instead, the Government are encouraging employers to race to the bottom on pay. That will see skilled workers turn their backs on the industry—and become MPs instead!

There are 2.5 million unemployed people in the United Kingdom, 1 million of whom are young people. There are 25 million unemployed people in the European Union, yet the horticulture industry still says that it needs to bring in workers under the seasonal agricultural workers scheme because it cannot find reliable British workers. It simply defies economic logic to suggest that a race to the bottom on pay is the way to attract the skilled new entrants that the industry needs.

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[Pat Glass (North West Durham) (Lab)]

The Agricultural Wages Board is important in constituencies such as mine—rural communities where there is already much poverty, and wages are low. Established by the Attlee Government in 1948, the board has served us for the last 65 years, setting a minimum wage and terms and conditions of employment for workers employed in agriculture. It costs the Government little to administer; I am told that it will probably cost more to abolish than to maintain.

It appears that the decision to abolish the Agricultural Wages Board is not based on financial evidence. It is yet another decision from a Government who spurn concepts such as data and evidence in favour of ideology and dogma. Once again, their adherence to ideology and dogma will have an impact on one of the hardest working and least well paid groups of workers in our rural communities.

The Government were intent on abolishing the Agricultural Wages Board from day one. The original announcement was made in July 2010. The leading party in the coalition Government, whose MPs include members of the wealthiest landowning families in this country, hardly had time to get their well-heeled shoes under their new shiny Government desks when they made their initial announcement. However, before the Government could take the final abolition decision, I understand they were told that they needed to carry out a consultation of interested parties or face a judicial review that they would probably lose on the grounds of insufficient consultation, and that they needed the consent of the delegated Welsh authorities to abolish the board.

[Mr Spencer]

Given that the hon. Lady knew about the decision in 2010, has there not been adequate time between then and now to consider all the options?

[Pat Glass]

I am not the Government, so I cannot respond to that question. Had I been the Government, I would have stuck to their rules and standards for consultation. They did not.

What did the Government do? Did they conform to Cabinet Office standards for consultation? Did they carry out an extensive 12-week consultation, avoiding main holiday periods, and making extensive efforts to ensure that all those affected, as well as all those with an interest, had an opportunity to take part? Did they carefully consider the outcomes of consultation in their final decision? Did they consult the Welsh Government, whose agreement was needed for abolition? They did none of those things; they came up with an extremely shabby plan to get round them.

The Government redefined the Agricultural Wages Board as a “regulatory reform” to avoid the necessity of even trying to get the co-operation of the Welsh Government, and they cobbled together a four-week consultation that failed to meet their own standards on consultations, issued by the Cabinet Office. Even then, 63% of those who responded to that sham and shameful consultation disagreed with abolition, so they were simply ignored.

Having failed to carry out a proper consultation, the Government decided to attach an amendment to the Enterprise and Regulatory Reform Bill and pushed it through the House without debate. When the Government hold something that is clearly a sham consultation over four weeks instead of 12, ignore their own standards, and then ignore the results of the consultation, is it any surprise that people question, and are suspicious of, any public consultation?

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[Andrew George (St Ives) (LD)]

This is a difficult debate, and I am grateful to the Labour Opposition for having brought it forward. In a point of order after the debate on Lords amendments to the Enterprise and Regulatory Reform Bill last week, I said how strongly I opposed our having had neither a debate or a vote on this significant matter. As I indicated earlier in an intervention, we had only limited opportunities to discuss the abolition of the AWB, among a large number of other measures, in our debates on the Public Bodies Act 2011. We were reassured throughout those debates that the House would have ample opportunity to debate the issue and come to a conclusion on it at a later stage, when a specific proposal was brought forward under the powers in schedule 1 to that Bill. I come at this debate on the basis of a significant disagreement with how the Government have handled the matter and frustration that we are shutting the stable door after the horse has bolted. Nevertheless, it is important to have the debate.

I listened carefully to my right hon. Friend the Secretary of State and did not get the impression that the AWB was being abolished because it was holding back wages and conditions for agricultural workers. In fact, I still have a strong impression that the opposite is true. I know that there has been a lot of speculation about the outcome of the abolition, but I am clear that it is not happening to enhance agricultural workers’ pay and conditions.

I also find it difficult to understand the impression that the Government are giving, given the slogan “We’re all in this together”, which they adopted in their first Budget and which I approve of entirely. One good proposal from the European Commission on the common agricultural policy is to cap the single farm payment at €300,000 and disburse the money saved in different ways. That could have been on the agenda under the previous Administration 10 years ago, but we are where we are. On the one hand, the Government are content to pay cheques of more than £1 million to large farmers who, frankly, usually do not need it. On the other hand, I fear the abolition of the AWB will mean that more public funds need to be deployed to pay the wages of agricultural workers who find their conditions and wages cut, or to pay benefits to those whose standard of living falls below a certain level. In both cases, a lot of public money is involved, in one case enriching large farmers and in the other subsidising poverty in our rural areas. I am not content with that contrast, and I will draw conclusions about it at the end of my comments.

The abolition of the AWB was not in the Liberal Democrat manifesto. It was in the Conservative party manifesto, however, and indeed the NFU made it clear in the lead-up to the last general election that it was very much in favour of the abolition of the AWB. That was certainly the case in my area, so my experience contrasts with that of the hon. Member for Carmarthen West and South Pembrokeshire (Simon Hart) on that point. One of the NFU’s key asks was the abolition of the AWB, yet when I raised the issue with farmers, I found that a significant number of them were opposed to that policy. They were opposed to it for the reasons the hon. Member for Wakefield (Mary Creagh) has outlined, such as that it would leave them in the position of having to negotiate individually. The collective approach through the AWB provided them with a framework that enabled them to avoid considerable embarrassment and difficulty or having to buy-in human resources consultants to resolve things. My hon. Friend the Member for Westmorland and Lonsdale (Tim Farron) is right: few small-scale farmers employ agricultural workers, but those who do will encounter great difficulties if they have to negotiate these arrangements with their workers.

I have regularly worked with the NFU over many years, not least on the creation of the groceries code adjudicator, on which the Government must be warmly congratulated. I have worked with it on a wide range of issues, and often agree with it and stand shoulder to shoulder with it—but not, I am afraid, on this issue. Regrettably, on matters such as this the NFU tends to resort to becoming a large farmers’ union, rather than an all farmers’ union; I have accused it of that to its face, so I am not saying this behind its back.

Many pertinent issues have already been raised in our debate, and I shall not repeat the concerns expressed about the impact this move will have, and about the Government simply saying, “We have the national minimum wage, so we no longer need an AWB.”

[Mr Spencer]

Can the hon. Gentleman define for me what a large farm is? Is an intensively farmed three-acre poultry farm a large farm? Is a 200-acre dairy farm a large farm?

[Andrew George]

The hon. Gentleman might be drawing me into a different debate, but he knows about standard man days—I do not want that to be interpreted as a sexist term—and the number of jobs a holding generates, or requires in order to be maintained. That is calculated irrespective of the acres covered, because as his question implies, especially in less favoured areas—some of which fall within my constituency—there are geographically very large farms that have low productivity. As the hon. Gentleman rightly says, some farms that are small in acreage are intensively farmed and have high levels of productivity. He makes a good point, but the point I was making about larger farms was in the context of the fact that some—although admittedly very few—receive hundreds of thousands of pounds, or even over £1 million pounds, in public subsidy. He cannot deny that that is the case. Those sums are given to a very few large farms as a result of the arrangements through the single farm payment.

I regret finding myself in this position. I know the Minister of State, my hon. Friend the Member for Somerton and Frome (Mr Heath), has been handed a hospital pass with this issue since taking up his post, and I am enormously grateful to him for the work he is already doing through his conversations and meetings with people in the sector. Despite this regrettable decision, he is working with them to try to identify opportunities for voluntary agreements within the sector. I hope that will serve to provide some of the protections which I fear will be lost to agricultural workers as a result of this Government decision.

There is something further that I regret. Normally, I feel enormously disappointed by Opposition day debates, because they usually degenerate into rather tribal, finger-pointing and teasing events, in which it is not possible to take the Opposition line on an issue because of how the debate has been handled. I regret that on this occasion—partly as a result of how the Government have handled the matter so far, by not giving us an opportunity for a debate or a vote—after a considered debate, I will be voting against the Government in the Division.

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[Mr Mark Spencer (Sherwood) (Con)]

I am grateful for that guidance, Madam Deputy Speaker. Let me begin by drawing the House’s attention to my declaration in the Register of Members’ Financial Interests.

We should recognise the progress that agriculture has made over the last 70 years. We are now well fed as a nation, without the worry of food security. We should recognise what a good job agriculture, agricultural workers and farmers have done in feeding the whole of Europe during those 70 years since the second world war, and, when we compare the industry of today with agriculture in the 1940s, we should recognise how different it is now, and how different are the relationships of agricultural staff with their employers.

The first argument that we heard from the Opposition—that abolishing the Agricultural Wages Board would not save any money—wholly missed the point of the debate. This is not about saving cash for the Government; it is about recognising the changing dynamic of agricultural work in the United Kingdom in a modern setting, and recognising the safeguards that have been introduced by other Governments and other parties. The minimum wage established a floor for the wages of all workers and has given them wage security, while changes in the legislation governing gangmasters have protected agricultural workers who are employed by them. The Agricultural Wages Board has become redundant. It is no longer a necessity because there are other safeguards, irrespective of the changes in the dynamic of agriculture.

Let me draw a few comparisons. If an agricultural worker who is charged with the responsibility of driving quarter of a million pounds’ worth of combine harvester makes a mistake in setting the sieves, much of the crop may go over the back of the combine. For the farmer, it is vital that the right member of staff, with the right skills, is sitting in that seat to protect his crop. I do not understand why a warehouse worker driving a forklift truck for Amazon does not need extra protection, but the combine harvester driver does.

A potato harvester can probably harvest £50,000 worth of crop, so damage to just 10% of that crop could cost a farm business £5,000 a day. Again, for the farmer it is vital that the right member of staff is driving that tractor and helping to ensure that the business is well looked after. If the right member of staff with the right skills is to sit on that seat, the farmer must pay him the right amount. The farmer must give him the right terms and conditions, or else he will walk off to another farmer.

The market for skills of that kind is driving agricultural wages to a much higher level than was provided for by the Agricultural Wages Board. Agriculture as an industry has changed dramatically since the 1960s. The House must recognise that.

Another argument we heard was that agricultural workers are particularly vulnerable because they live in tied cottages. I do not understand why the Opposition do not make the same argument for public house managers who work for a brewery and whose home is the public house itself. Why do they not require the extra protection farm workers supposedly have from the Agricultural Wages Board? The manager of a post office often has a flat above the business. Their accommodation is tied, so why do they not require extra protection? Double standards are in play.

Agriculture has moved on. The key question is whether the Opposition would overturn the abolition if they were in power. They were challenged on that point several times during the debate and on three occasions they refused the opportunity to answer. There is some cynicism on the Government Benches. Is it a political game? Is it about making a political point rather than a genuine one about improving the lot of people working in rural communities?

As a number of speakers want to follow me, I shall keep my comments as short as possible. I hope that in summing up, the Opposition speaker will address some of the points I made.