Groceries Code Adjudicator Bill [Lords]

Debate between Fiona O'Donnell and Adrian Bailey

Monday 19th November 2012 Commons Chamber

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

I first declare an interest. I am a Labour and Co-operative Member of Parliament for West Bromwich West, and the Co-operative party is financed by and linked to the co-operative retail movement, which is both a major retailer and a major farmer, so it is involved in both sides of the argument.

I pay tribute to the many Members who have worked on the issue over the years and brought it to this point. As Chair of the Business, Innovation and Skills Committee, which played a significant role in making the recommendation that is being adopted today, I cannot but reflect on the irony that I, a Member who represents one of the most industrialised manufacturing constituencies in the country, have suggested proposals that are so significant to the farming and rural community. Perhaps that is a reflection of one of the strengths of our democracy.

I welcome the Bill. In paying tribute to those who have worked on the issue, I mention my hon. Friend the Member for Ynys Môn (Albert Owen), who promoted a private Member’s Bill, the Grocery Market Ombudsman Bill. It is also appropriate to mention the hon. Member for St Ives (Andrew George), notwithstanding anything he might say in response to my comments. The Chair of the Environment, Food and Rural Affairs Committee was also kind enough to do some work and feed it into our deliberations. I have also read the debate held in the other place, and its Members explored the issues thoroughly.

A lot has been said about the delay. I do not want to get involved in a party political argument, but the previous Labour Government were castigated by members of the current Government for deeming it reasonable to see how the grocery code would work in practice before legislating. Last year, the BIS Committee was invited, as a matter of urgency, to undertake its pre-legislative scrutiny, which we completed by the recess, and the delay in implementation since then has caused some bodies to raise concerns about the Government’s commitment to the measure. I am satisfied that they are committed to it, but they still need to examine some flaws closely; otherwise, those concerns may continue to prevail in some sectors of the industry.

On the Bill’s proposals, I am pleased to say that the Government have accepted about 80% of the amendments suggested by the Committee as a result of its pre-legislative scrutiny. It would be churlish not to recognise the Government’s willingness to listen to arguments and to take our proposals on board. I think that both industries will be strengthened as a result of the Bill. It is important to recognise that we are talking about two of our most successful industries. Our retailing industry is phenomenally successful and a model to be copied the world over. Similarly, our farming is among the most highly productive anywhere in the world.

It is undoubtedly true, however, that there has been an imbalance of power, and examples of the abuse of that power have been to the detriment of the producers, particularly the farming industry. Unless addressed, that in itself will have implications for the ability of that industry to introduce new products and innovate. By addressing the issue and redressing the balance, we will strengthen the supply to our retailing industry in the long term, and that will be to the benefit of both industries.

Many hon. Members have already highlighted the main area of disagreement between the Committee and the Government, namely whether the Bill should include the power to fine. The Minister said that the Committee had acknowledged that the arguments for and against that power were fairly even, but what she did not say was that we came down on the side of advocating fines. Some of the arguments in favour of fines have already been made. I think the Government’s approach has been to assume that the publication of evidence that could damage a supermarket’s brand in a highly competitive market could mean that supermarkets risked losing trade and profitability.

It is difficult to work out what the precise implications of the publication of evidence of a breach of the groceries code would be. It might be published in a press release, in the retailer’s annual report or on the retailer’s website. However, I have the gut feeling that relatively few consumers, particularly in these hard-pressed times, will change their shopping habits as a result of a retailer breaching the groceries code. That just does not ring true.

[Fiona O’Donnell (East Lothian) (Lab)]

In many constituencies, such as mine, which is predominantly rural, people only have a choice between two of the major supermarkets.

[Mr Bailey]

My hon. Friend makes an important point, which I was going to come on to. An individual’s shopping habits are determined by all sorts of factors. I do not know what evidence there is, but I would guess that the perception of value for money at different retailers is an important criterion. Other factors are accessibility and personal habits and traditions. I do not see that the publication of an adverse report by the groceries code adjudicator about a particular retailer would affect many people’s shopping habits and, therefore, the bottom line of that retailer.