Groceries Code Adjudicator

Andrew George Excerpts

Tuesday 3rd June 2025 Westminster Hall

[Andrew George (St Ives) (LD)]

It is a pleasure to serve under your chairmanship, Dr Allin-Khan. I warmly congratulate the right hon. Member for South Holland and The Deepings (Sir John Hayes) on the manner in which he introduced the issues and perambulated around the full range of factors that are clearly having a significant impact on this country’s extremely and continually marginal food production base. He went back almost to the prehistory of food production and highlighted the collective near-monopoly held by supermarkets, and the restricted opportunities for small independent food retailers in that infrastructure.

The right hon. Gentleman was perhaps echoing the words of Lord Heseltine who, when he was President of the Board of Trade, memorably said that he was prepared to intervene before breakfast, lunch and dinner—or dinner and tea, to my way of thinking. The right hon. Gentleman is of that wing of the Conservative party that believes in free markets but recognises that they need to be regulated when they go in the wrong direction, as has clearly happened in this case.

A number of interventions and comments touched on the potential of going back to retail price maintenance, which was introduced before the second world war to regulate the final price. I do not think any political party proposes that the GCA or regulation should morph into finished retail price maintenance, although it was interesting that the spectre of final prices was reflected on in the debate.

The hon. Member for Salford (Rebecca Long Bailey) outlined the limitations of the GCA and the implied lack of teeth, a point that was echoed by many others. She called for its powers to be beefed up. My right hon. Friend the Member for Orkney and Shetland (Mr Carmichael), the Chair of the EFRA Committee, made a telling point that, amid all the briefings, the GCA seems remarkably silent in offering any advice on the many debates that we have had on this issue. He also highlighted that the GCA and the groceries code do not look at primary producers but the ultimate supplier to the supermarket, because that is how the code was written.

Perhaps I need to go into some of the pre-history, and not because I am concerned that I have been airbrushed out of the history of the creation of the GCA. The late Colin Breed, the former Liberal Democrat MP for South East Cornwall, produced a report called “Checking Out the Supermarkets” in 2000, following an investigation, which resulted in a Competition Commission inquiry. I took on his work and chaired the Grocery Market Action Group, which had members of the NFU, the Country Land and Business Association and Friends of the Earth all sitting in the same room, along with Traidcraft—I see Fiona Gooch from Traidcraft in the Public Gallery—and other organisations not normally expected to work together, because they saw a fundamental injustice in the grocery supply system. We must work together.

Further inquiries undertaken by the Competition Commission produced a report in 2007 that identified excessive risk and unexpected cost passed on from supermarkets because of their overwhelming power in the supply chain, and the impact that had on suppliers. That needed to be regulated and, hence, the groceries code was created. We campaigned and argued for the creation of the GCA as a means of policing the code. It could not simply sit on the shelf without anyone observing how the code operated.

That code was never intended to be the finished product. It was simply a framework for the Government to commence a review of how the process should operate, so the GCA should not be held in aspic for all time. I understand the Government are undertaking an inquiry covering 2022 to March 2025. I hope that review will reflect on the comments of hon. Members, the impact on primary producers and the current limitations.

The hon. Member for Strangford (Jim Shannon) emphasised the marginal status created for many farmers. The hon. Member for Lichfield (Dave Robertson) described the challenge of maintaining both a low retail price and a profitable supply chain. It is very difficult to get that right, but if there is fairness in the supply chain, then both can be achieved. All Members recognise that. My hon. Friend the Member for Brecon, Radnor and Cwm Tawe (David Chadwick) has already ably led a debate on this issue, so he is well practised. He understands these issues and brought the Welsh perspective. My hon. Friend the Member for Glastonbury and Somerton (Sarah Dyke) proposed changes to protect whistleblowers and made particular reference to those affected by the bully-boy tactics of supermarket buyers. Let us say it: that is effectively what is going on in the sector. My hon. Friend the Member for North Norfolk (Steff Aquarone) emphasised similar issues affecting his area.

It is really important that the Government look carefully at areas of the GCA where improvements can be made. The framework is there; what the Liberal Democrats are asking for is that the GCA be able to instigate its own investigations. That may well be on the basis of market intelligence or whatever it may be, but it is important that it is able to instigate its own investigations, while at the same time being aware of time-wasting fishing expeditions. Nevertheless, the balance can be struck. The pressure points in the supply chain are pretty clear. That freedom must be there.

The reach of the adjudicator is far too limited. Only the ultimate supplier is reviewed according to the code. They need to be seen in the context of the full supply chain. Very often the people who are actually catching the cold and suffering the most are the primary producers, but they are not the final supplier. That needs to be reviewed, and I hope the Government will allow that change.

A number of Members mentioned the lack of resources. Whether there are seven or 10 entirely seconded members of staff, this is a really shameful situation. The adjudicator has to control very large supermarkets, and the cost of a single investigation is greater than the GCA’s annual budget on many occasions. From 2013 to 2024, there were only 13 arbitrations and only two formal investigations. The GCA is rightly highly regarded and seen as efficient and effective, but with more resources will come more clout. The GCA is currently funded by a £2 million levy on the 14 supermarkets. Split 14 ways, that is only £142,857. Supermarket profits are in the hundreds of millions—indeed, billions—so it is really important that the Government review that. The Government should also be looking at sectors other than food, perhaps including the garments sector.