[Relevant Documents:Oral evidence taken before the Environment, Food and Rural Affairs Committee on 1 April, on Fairness in the food supply chain, HC 589; Written evidence to the Environment, Food and Rural Affairs Committee, on Fairness in the food supply chain, reported to the House on 11 March, HC 589; Correspondence from the Environment, Food and Rural Affairs Committee to the Minister for Food Security and Rural Affairs, on Fairness in the food supply chain, reported to the House on 11 March.]
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.
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?
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.
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.
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.
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.
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.
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 is a pleasure to serve under your chairmanship, Dr Allin-Khan. I thank the right hon. Member for South Holland and The Deepings (Sir John Hayes) for securing today’s debate and for his impassioned and articulate speech, which I very much associate myself with. I am quite staggered at how regularly our minds meet on the crisis of capitalism, although we do have different answers to it from time to time. I place on record my role as the chair of the Bakers, Food and Allied Workers Union parliamentary group, and thank them for their extensive work on this issue over the years.
As we have heard from the right hon. Gentleman, the groceries supply code of practice and the adjudicator, despite being well intentioned, miss the mark by quite a large margin in terms of protecting those whom they were designed to protect. The code applies only to designated grocery retailers whose annual turnover is more than £1 billion. It does not apply to indirect suppliers, cover pricing or consider the protection of workers throughout the grocery supply chain; and even with its limited powers, it has not issued a single fine.
Sustain, the alliance for better food and farming, agrees with the right hon. Gentleman that as a result of those deficiencies, the UK’s food system is on a precarious footing. It says that most suppliers producing and processing the food that ends up on our supermarket shelves are vulnerable to unfair purchasing practices, which can send competent businesses into bankruptcy, undermine competition and lead to a worse deal for consumers. As the bakers union says, there is a limit to suppliers’ ability to keep prices down through productivity increases from automation or sourcing cheaper inputs—a key factor in the horsemeat scandal. As a result, there is relentless downward pressure on labour costs, leading to attacks on the pay and conditions of workers employed in and across supply chains.
In the four weeks to 18 May, grocery price inflation has jumped to 4.1%—its highest level since February last year. Of course, the reasons for that are complex, ranging from wholesale costs, to energy and ecological issues, all the way through to problems with the supply chain, but that does not mean that the Groceries Code Adjudicator can continue to ignore the important issue of excessive pricing. Sometimes there is a reasonable cause, beyond the control of the supermarket or supplier, but sadly, sometimes it is a result of aggressive cost cutting, asset stripping, and unsustainable leveraging strategies.
It is a pleasure to see you in the Chair, Dr Allin-Khan. I congratulate the right hon. Member for South Holland and The Deepings (Sir John Hayes) on securing time for this debate from the Backbench Business Committee. I find myself in the curious position of being in violent agreement not only with him, but with the hon. Member for Salford (Rebecca Long Bailey). That is a moment worth reflecting on.
In advance of this debate, we have received some very useful briefings from the National Farmers Union and the Bakers, Food and Allied Workers’ Union about food insecurity and workers’ rights; the hon. Lady has just touched on those issues. Curiously, the one organisation from which we have not heard a peep is the Groceries Code Adjudicator itself. That is quite significant, because this is not the first time that the House has debated the work of the adjudicator: my hon. Friend the Member for Brecon, Radnor and Cwm Tawe (David Chadwick) secured a debate on it in February, I myself presented a ten-minute rule Bill on it in March, and now we have this debate today. If the adjudicator had a good story to tell, we would expect to have heard something from it by now, given the criticism that has been levelled at it. But not a peep: it has maintained an omertà that would put the Mafia to shame.
I do feel slightly conflicted. The adjudicator has a tiny office and, I think, a staff of seven or eight. Given its inability to process complaints at the moment, I do not know that I want it to spend that much time talking to MPs and policymakers. But if it has a story to tell, it needs to come out and tell it. Otherwise, we will be entitled to assume that there is not much that it can say.
The right hon. Member for South Holland and The Deepings spoke about the need for reform and the way in which that reform might take shape. I disagree with very little of what he said. What we need, as the hon. Member for Salford says, is a single regulator from the farm gate to the supermarket shelves. At the moment, too many unfairnesses are hardwired into the system, there are too many players in the market and it is just too easy for outcomes to fall between the gaps. Those who suffer are always the consumers, who are left with higher food prices, or the primary producers. At the moment, it is principally the primary producers who are losing out. The supermarkets are entering into a price war as they try to push down food price inflation. As a primary food producer myself, I declare a registered interest.
It is a real pleasure to serve under your chairship, Dr Allin-Khan. I thank the right hon. Member for South Holland and The Deepings (Sir John Hayes), as we all do, for leading the debate and setting the scene incredibly well.
The Groceries Code Adjudicator is imperative in setting out standards for fair trading between large stores and their suppliers. The right hon. Gentleman referred to doing his shopping locally. I am the same, but I know that for the generation after me—my son, my daughter-in-law and all their family—Amazon is probably their first contact. Life is changing, and it seems cheaper to do it that way.
People are becoming more interested in the food that they are eating and where it is sourced. I have been a member of the all-party parliamentary group for eggs, pigs and poultry for most of my time in Parliament. I am of a generation for whom there is no better way to start a day than with two boiled eggs. I remember the ’60s—that is how old I am—when the advertisements on TV said, “Go to work on an egg.” Well, I could go to work on two eggs and finish the day with two eggs as well. I am probably keeping the egg industry going just with my own purchases.
I understand the importance of the issue for the livelihoods of farmers in my constituency. The GCA’s jurisdiction extends across the entire United Kingdom of Great Britain and Northern Ireland: it regulates designated retailers with an annual groceries turnover exceeding £1 billion. In Northern Ireland, the GCA’s role is particularly significant. The Ulster Farmers Union— I declare an interest as a member—has highlighted the GCA’s importance in maintaining fair trade practices amid ever more challenging economic conditions. It believes that
“the GCA performs an essential role in a modern, sustainable and competitive grocery market in the UK.”
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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.
There are long-running accusations that some of the big retailers and manufacturers have been using reduced competition and market leverage to set prices and, in turn, make excessive profits. For example, in 2023 wholesale food prices started to fall, with the World Bank saying they were expected to drop by 8% by the end of the year; but those falls were not reflected on supermarket shelves for some considerable time, which led to accusations of “greedflation”. Even the Tesco chairman suggested that suppliers might be at fault, telling the BBC at the time that it was “entirely possible” they were using high inflation as an excuse to raise prices unnecessarily. Of course, the major retailers and suppliers refute that, and the Competition and Markets Authority said there was nothing to find—nothing to hang their hats on—but large profits and record executive pay and shareholder payouts were juxtaposed against a backdrop of high food inflation and food insecurity.
Most people were perplexed, and rightly so. The Competition and Markets Authority might not have found widespread market abuse per se, but there remained a fundamental issue of fairness. Is it right to report bumper executive pay and shareholder dividends at times when consumers and the wider supply chain are struggling?
Last November, interestingly, the Competition and Markets Authority’s second report on pricing suggested that manufacturers had been raising the cost of first infant formula milk higher than was necessary to cover inflationary costs. It was not the Groceries Code Adjudicator that instigated action. Some supermarkets themselves responded by slashing the cost of formula, but the fact is that the Groceries Code Adjudicator should have had the powers to intervene earlier and to regularly monitor price fluctuations to identify emerging issues. It should not have taken a one-off CMA investigation to uncover that unscrupulous price hike.
If the Groceries Code Adjudicator cannot investigate and robustly intervene to protect suppliers, producers or consumers when it is clear that the pricing structure of a supermarket or a major supplier pricing structure is putting the short-term interests of shareholders above the wider public interest, and if it cannot respond to emerging issues, outline measures to help families facing hunger and protect the sustainability of the UK grocery supply chain, what is the point of the Groceries Code Adjudicator?
There are a few recommendations that I have made to the Minister on which I would like an update. I hope he will take these points on board. First, a new groceries regulator authority with beefed-up powers should be established with a wider responsibility to protect the sustainability of UK suppliers and the interests of consumers. It must apply to the whole sector, not just to those with a turnover of more than £1 billion. The new regulator should be given the power to introduce price floors and ceilings to protect suppliers and consumers from aggressive pricing tactics and exploitative price gouging. There must be an investigation across DEFRA, the Department for Business and Trade and the Competition and Markets Authority into the impact of private equity acquisitions of UK groceries retailers and manufacturers on the security and sustainability of the UK food supply chain. We must restore and extend sectoral collective bargaining for workers employed in the UK food supply chain. Finally, we must introduce a statutory right to food in UK legislation and address the root causes of insecurity.
As the right hon. Member for South Holland and The Deepings rightly set out, consumers should not be forced to buy their goods from major retailers if they are the only retailers in town. We have to provide an economic framework that supports suppliers and producers and ensures that people enjoy a diversity of shopping experiences and diversity in pricing so that we have a sustainable UK food sector.
There are wider issues around the behaviour of supermarkets. There has been widespread and justifiable outrage in the past few days about Asda selling Uruguayan beef. The way it is often done is instructive. The labelling on the top looks lovely. It says that the beef is 30-day matured rib-eye steak of “heritage breed origin”, whatever that means. A shopper has to turn it over and see the small print on the back or underside of the tray to find out that it is beef produced in Uruguay from cattle slaughtered in Uruguay. Even if we park for a moment the concern about animal welfare standards, the carbon consequences of shipping beef around the world in this way are utter madness, even though ironically it would help us to meet the targets set for us by the Climate Change Committee.
That example illustrates that amid growing competition among supermarkets on price, if we continue to reduce our levels of livestock in this country the resulting gap will be filled by cheaper imports. That surely renders any definition of food security utterly meaningless. Once we lose our own producers, we will not get them back.
There is no doubt that reducing or weakening the powers of the GCA will put suppliers and consumers at risk. In my constituency of Strangford, large chains such as Tesco, Asda and SPAR have contracts with numerous suppliers, and their contributions keep the sector going. I have a great relationship with many local suppliers in my constituency, including the likes of Mash Direct and Willowbrook Foods, which provide fresh potato and vegetable dishes. One example is a local farmer, Roy Lyttle—a small farmer, but a decent enough producer—who has just developed a new salad product, Lyttle Leaves. I believe it will take off.
Local farmers and butchers, such as Carnduff butchers and Colin McKee’s, are incredibly popular throughout my constituency. The issue is that grocery inflation has risen to 4.1%, the highest in 15 months, and there is always a possibility that it will continue to rise. That highlights the financial pressure on suppliers and manufacturers to provide products at a competitive rate and ensure that they can make a profit with their wonderful produce.
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