Agricultural Wages Board

Peter Luff Excerpts

Wednesday 24th April 2013 Commons Chamber

[Jack Dromey]

The hon. Gentleman is absolutely right to be concerned about a race to the bottom. There are tens of millions of people on the continent who are desperate for work, and the last thing we want to see as a consequence of these proposals is a race to the bottom. My experience suggests that even where farmers depart from the AWB rates of pay—and they often do—it is helpful to have a clear framework and starting point, varied as appropriate in particular circumstances, depending on the skill level required, for example. Something very similar to that was put to me.

My third concern is the impact on local economies. There is no question but that we run the risk of taking out badly needed spending power from our hard-pressed local economies. It is interesting to note the Department’s impact assessment of the costs over a 10-year period: £260 million was, I think, the figure referred to.

Fourthly, we have heard time and again that “other wages councils have been abolished, have they not, and have not been reinstated”. This board is, however, unique in terms of its scope—including, crucially, the issue of tied accommodation. I repeat what my hon. Friend the Member for Wakefield (Mary Creagh) said earlier about the criteria: fit for human habitation, safe and secure, a bed for sole use, drinking water and sanitation. Some might say that all that sounds a bit 19th century, particularly the idea of a bed for one’s own use. They would not say that if they had seen the sort of places I saw when I was deputy general secretary of the old T and G and then of Unite. I saw some of the most shameful accommodation—and not just for those employed by gangmasters, as it was sometimes for those employed by farmers. The great thing about the Agricultural Wages Board is that it lays down very clear basic minimum standards for the kind of accommodation that I hope we would all like to see agricultural workers occupying in our countryside.

[Peter Luff (Mid Worcestershire) (Con)]

I am most grateful, particularly as I was not able to be here for the opening speeches. I agree with the hon. Gentleman about rural poverty, and I strongly support the Gangmasters Licensing Authority, as I campaigned for its existence and it is doing great work in my constituency. In a genuine spirit of curiosity, I ask the hon. Gentleman whether he is saying that farmers are uniquely incapable or uniquely exploitative so that they alone require the Agricultural Wages Board to regulate their behaviour, while every other boss in Britain does not. Is that what he is saying?

Groceries Code Adjudicator Bill [Lords]

Peter Luff Excerpts

Monday 19th November 2012 Commons Chamber

[Jo Swinson]

I am still responding to the earlier question, but if the hon. Gentleman will have a little patience I will come to his intervention shortly.

On the other point raised by the hon. Member for West Bromwich West (Mr Bailey), there will obviously be a regular review of the adjudicator. That is appropriate in ensuring that it functions as it should and that any necessary changes can be made, but we will not prevent the adjudicator from properly considering information before the initial review is produced. I want to make a little progress and then I will take an intervention from my hon. Friend the Member for Sherwood (Mr Spencer).

The adjudicator will be funded by a levy from the 10 largest retailers and will have the power to investigate breaches and to impose sanctions against supermarkets found to have breached the code. Some Members have previously criticised the Bill as being anti-business. What is anti-business about ensuring that the grocery market works as well as it can, without being distorted by anti-competitive and unfair practices?

[Peter Luff (Mid Worcestershire) (Con)]

On that point—

[Jo Swinson]

I will make a little progress, and then I will give way.

The direct or indirect suppliers who are among the potential beneficiaries of the Bill include fresh food intermediaries and food and drink manufacturers. That is why the Bill is supported by major business groups, including the Food and Drink Federation, the British Brands Group, the Association of Convenience Stores and the National Farmers Union. A fair market is one in which suppliers and supermarkets are free to innovate, expand and offer the widest possible choice to the consumer without fear of being disadvantaged by unfair dealings elsewhere.

[Jo Swinson]

Clause 18 provides that there is a duty on the adjudicator to protect confidentiality. That goes beyond not allowing publication of the name of the individual or supplier making the complaint. As my hon. Friend rightly says, there are circumstances where an investigation could, in effect, give away who had made the complaint. In that circumstance it would be possible for the adjudicator to undertake a slightly wider investigation in terms of geographic scope or the types of vegetable being investigated, so that it would not be possible to identify which individual or supplier had come forward and made a complaint.

[Peter Luff]

This welcome legislation, like that which introduced the Gangmasters Licensing Authority some years ago, proves that effective and targeted regulation can help consumers and all those who work in supplying the food industry, but I am sure the Cabinet Office will have thought about deregulatory measures as well, as a quid pro quo for this regulatory measure. In that spirit, will the Minister tell us what progress is being made on the abolition of the Agricultural Wages Board, which would also help consumers and those who supply the industry?

[Jo Swinson]

Consultation is taking place on that measure. My hon. Friend the Minister of State who is summing up the debate as the Minister with responsibility for farming will, I am sure, be able to enlighten the House further on that point.

What will the adjudicator do? The adjudicator’s role is to investigate large retailers and hold them to account if they have broken the groceries code. He or she will also be able to act as an arbitrator to resolve private disputes between suppliers and large supermarkets, as the groceries supply order envisages. Aside from these main roles, the adjudicator will have a number of other functions. These are to publish guidance on when and how investigations will proceed and how enforcement powers will be used, to advise large retailers and suppliers on the groceries code, to recommend changes to the groceries code to the Office of Fair Trading, to arbitrate individual disputes between large retailers and the direct suppliers, as mentioned, or to appoint another person to do so, and to report annually on his or her work, which will be laid before Parliament.

--- Later in debate ---

[Jo Swinson]

The hon. Gentleman raises serious issues, not least that of legality and human trafficking. If there is evidence of law-breaking, it should be taken to the appropriate authorities so that it can be followed up. I appreciate his concern, but the adjudicator’s role and the groceries code have been developed in response to the Competition Commission report of 2008. Notwithstanding the serious issues that he raises, the way to proceed is to focus tightly on the report, which provides the clear basis for addressing the problem and consumer detriment that we are trying to solve. Although I have explained to the House that the code is not a panacea that will solve every possible problem, it does mean that we can continue with a strong degree of consensus and cross-party support.

[Peter Luff]

I reassure the hon. Lady that the Gangmasters Licensing Authority is doing a first-rate job at addressing the concerns of the hon. Member for Linlithgow and East Falkirk (Michael Connarty). If he has evidence of such abuse, he should take it to the authority urgently and it will be addressed effectively and well. That is a tribute to the previous Government’s action on this important question.

[Jo Swinson]

I thank my hon. Friend for his contribution. He makes his point forcefully.

I believe that the threat to supermarkets of recommendations and requirements to publish details will be enough to drive cultural change. Hon. Members should note that imposing a financial penalty would confer a full merits right of appeal, which would potentially be costly and time-intensive for all parties. It is important that the adjudicator is able to focus on investigations, rather than being distracted by appeals. I am sure that all constituency Members recognise that where there are appeals procedures, such as in planning, they tend to be used. We do not want the groceries code adjudicator to be tied up in appeal after appeal, but want them to be able to get on with their investigations. That is why we think that it is helpful to proceed with the range of sanctions in the Bill.