Groceries Code Adjudicator

Sarah Dyke Excerpts

Tuesday 3rd June 2025 Westminster Hall

[Sarah Dyke (Glastonbury and Somerton) (LD)]

It is a pleasure to serve under your chairship, Dr Allin-Khan. I congratulate the right hon. Member for South Holland and The Deepings (Sir John Hayes) on securing this important debate.

The number of English farms has fallen by nearly a quarter in 20 years, with dairy farms, which are highly prominent in Somerset, hit particularly badly. We all know that British farmers have faced a long list of challenges, such as the impact of Brexit, sky-high energy prices, terrible Tory trade deals, botched transitions from the basic payment scheme to the environmental land management scheme, the shattering blow of the family farm tax and the no-notice cancellation of sustainable farming incentive grants. Now the Government seem set to make significant cuts to the nature-friendly farming budget in their upcoming spending review.

On top of all that, farmers earn tiny profits and are regularly exposed to industrial-scale exploitation by supermarkets that are focused on delivering cheap food and meeting their just-in-time supply model. Many households are living in food insecurity as a result of our unbalanced food system, and food poverty is on the rise. Food security is vital for national security, but farmers are increasingly being forced out of business as they cannot afford to make a living growing food for our tables.

I cannot stress enough how important our farmers are to national security. As Professor Tim Lang’s recent report on the UK civil food resilience gap highlights, we must act now to ensure the UK’s food resilience and preparedness. We are living in a volatile and unpredictable world, and we must be ready for international shocks to food supply chains, so I urge the Minister to talk to his DEFRA colleagues, to look carefully at the damage being caused to the UK agricultural sector, and to support a system that empowers and rewards British farmers to produce high-quality food while protecting nature.

Of course, we must also address the power imbalance that farmers face on their route to market. The UK groceries sector is dominated by a handful of supermarkets, with around 95% of food sales controlled by just 10 retailers. That concentration means that supermarkets wield significant power over farmers, leaving them with very little negotiating leverage. Unethical practices from large supermarkets can lead to contracts being altered at the last minute, and supermarkets often use loss leader strategies, selling some products at a loss to attract more customers. That practice squeezes suppliers, which are often forced to accept lower prices, and if they do not meet their quotas, they will be punished.

In large part, that reflects the limited scope of the Groceries Code Adjudicator, which covers too few retailers. Many farmers and suppliers fear retaliation if they report unfair practices, while two thirds of farmers report feeling fearful of being delisted if they speak out of turn about supermarket behaviour. That leaves them underpaid and vulnerable. The Liberal Democrats are calling for a change in the Groceries Code Adjudicator. It needs teeth, and it needs to be strengthened.

--- Later in debate ---

[Justin Madders]

I acknowledge the wider points that have been made. Members have raised today a number of issues that are beyond the scope of the Groceries Code Adjudicator and clearly are within the bailiwick of the Department for Environment, Food and Rural Affairs, which clearly I need to work with on developing a more holistic approach. That is one of the challenges we face, because the code regulates only designated retailers’ dealings with their direct suppliers and currently applies to the 14 largest grocery retailers in the UK, each with an annual turnover of £1 billion or more.

A number of Members referred to the threshold and questioned whether that is currently appropriate. It is worth pointing out that, according to the marketing data company Kantar, the 10 largest retailers covered by the groceries code amount to 97% of the grocery retail market, although the adjudicator has said that he is happy to hear views on whether the threshold should change and about suppliers’ experiences of dealing with retailers not currently covered by the code. The adjudicator has also said that he will pass on any relevant information to the CMA to inform future decisions on retailer designations under the code. There is therefore an opportunity for Members to feed in if they feel there are particular retailers under the current threshold that should be included.

A number of Members talked about the issue of price. The code does not regulate the prices agreed between retailers and suppliers. It does, however, require these negotiations to be conducted fairly and transparently, and the GCA is keen to ensure that negotiations around cost price pressures do not lead to non-compliance with the code. In 2022, the GCA published the seven golden rules to remind retailers of best practice when agreeing to prices.

[Sarah Dyke]

Will the Minister give way?

[Justin Madders]

I have quite a bit to get through, so if the hon. Lady does not mind, I will carry on.

The statutory review is focused on the powers and duties of the GCA as set out in the 2013 Act and the 2015 order. These powers include providing arbitration between suppliers and retailers, conducting investigations into retailers suspected of breaching the code, and enforcement powers where the adjudicator is satisfied that a retailer has broken the code. Enforcement can take the form of the adjudicator making recommendations against the retailer, requiring retailers to publish details of the breach, or imposing financial penalties of up to 1% of the retailer’s turnover. The adjudicator also publishes advice, guidance and best practice statements, and can make recommendations to the CMA about suggested changes to the groceries code.

Contrary to a common misconception, which I am afraid has been repeated by a number of Members today, the adjudicator does not need to wait for a complaint to be made before launching an investigation. What the Act requires is that the adjudicator has reasonable grounds to suspect that a retailer designated under the code has broken it or failed to follow a recommendation following a previous investigation. It is for the adjudicator to determine how to use those powers, but it is absolutely possible for it to pursue investigations without a formal complaint being made.

I heard a number of Members making reference to concerns about reprisals—that was also raised in the previous debate. As part of the review, I am keen to hear how we ensure that the system is robust enough, so that people in the chain covered by the code feel confident that they can raise complaints. Clearly, there will always be an element of concern when someone raises their head above the parapet, but it is possible to raise concerns confidentially. Indeed, the survey undertaken by the adjudicator is done on a confidential basis. The shadow Minister, the hon. Member for Keighley and Ilkley (Robbie Moore), referenced his scepticism about the high level of satisfaction in that. I note his comments, but it is the case that the survey is taken confidentially. The right hon. Member for South Holland and The Deepings also raised the question of anonymity. I am genuinely interested to hear from Members how we can find a way ahead so as to ensure that people can raise complaints confidentially and with confidence.

In general, the adjudicator has ensured a collaborative approach with suppliers, which has helped to prevent problems from escalating and reduced the need for time-consuming and expensive formal dispute resolution. A number of Members raised the question of resourcing, but it is for the adjudicator to set the level of the levy that is applied. That is always a matter of discussion, but I am sure that if the adjudicator wished to increase the levy, it would be able to do so within the powers it already has.

I am conscious that I need to give the right hon. Member for South Holland and The Deepings an opportunity to respond. I have not addressed all the points that Members raised in the debate, but where I am able to provide a further response, I will write to those Members. I would encourage all Members to engage with the review. It is important that a number of the issues that we have heard about today are fed into it.