B

Baroness Hayman of Ullock (Lab)

Speaking in the House of Lords on 12 May 2025

Debate

Fair Dealing Obligations (Pigs) Regulations 2025

Contribution

The noble Lord is absolutely right to draw attention to the work the supermarkets did. They do not always get the credit that they should. That swift reaction was really important. It shows the industry coming together, right across the board, when something really appalling happens that is breaching regulations. I absolutely agree. There were a number of questions about the Groceries Code Adjudicator and the Agricultural Supply Chain Adjudicator. The noble Baronesses, Lady McIntosh and Lady Grender, and others mentioned that. For those covered by the groceries code, the GCA has prioritised communication of the statutory requirement to maintain supply confidentiality. The GCA has relaunched the Code Confident campaign, launched a confidential reporting platform called Tell the GCA, and published a code compliance officer commitment to confidentiality, which we hope will help. The GCA’s fourth statutory review is currently ongoing. That is being led by the Department for Business and Trade and will also allow for feedback to be provided in this area and in others. For those covered by the Agricultural Supply Chain Adjudicator, a complaint does not need to be made from a producer for ASCA to investigate and perform enforcement functions where necessary. The current Agricultural Supply Chain Adjudicator has confirmed that it will always seek confirmation from the producer that they are content for a complaint to be formally investigated before contacting a purchaser and sharing any information. It has also recently launched the Contact ASCA in Confidence service, learning from the GCA’s Tell the GCA scheme; this allows producers and anyone else to raise issues with ASCA confidentially. Although ASCA will not be able to open a formal investigation without an actual complaint, the information provided will help inform its activities. On who will enforce this, which a number of noble Lords asked about, the option to expand the remit of the Groceries Code Adjudicator was explored in a formal call for evidence back in 2016. This concluded that the extension of the GCA’s role further along the supply chain would not be appropriate. Part of this is because the Groceries Code Adjudicator has a very specific remit: regulating the relationships between the largest grocery retailers in the country and their direct suppliers. These regulations focus instead on the contracts that pig farmers hold directly, which are almost exclusively with the processing companies. We are therefore confident that the Agricultural Supply Chain Adjudicator—obviously, it also handles enforcement for the dairy sector, as noble Lords will be aware—is the most appropriate means of enforcing these regulations. It will continue to focus on regulations made under Section 29 and this first important stage of the supply chain. I mentioned dairy sector enforcement. The noble Lord, Lord Roborough, asked whether this will be sector by sector. It will be introduced sector by sector going forward. I was asked whether the Agricultural Supply Chain Adjudicator has sufficient resources. ASCA was relatively recently established. Enforcement for the dairy regulations began only in July 2024—less than a year ago—and existing contracts are not being covered until July this year. Currently, the office is sufficiently resourced to fulfil its remit of enforcing the regulations in the dairy sector and, soon, in the pig sector. However, we will monitor resourcing requirements as the regulations take effect, so that we can respond accordingly if need be. Similarly, we will continue to do so as further reviews are conducted and as more sectors come into scope. Why did we choose this route instead of reforming the GCA? We have talked about the fact that we did the consultation but, particularly for pig producers, this is a highly consolidated part of the supply chain. Just four processors account for the vast majority of pig purchases. We believe that, to deliver the greatest benefits in fairness and transparency, it is right that we focus on this primary relationship between producers and processors. These regulations were developed with extensive engagement with industry, and stakeholders were invited to comment on detailed drafting—including the text of the statutory instrument itself—to confirm that they found the whole approach workable. We are committed to using the fair dealing powers wherever they are needed. We are now working with industry on the proposals for fresh produce and the egg sectors, which will be the next areas that we look to bring in. We will continue to work with stakeholders as we do that. My noble friend Lord Jones asked about the size of the pig herd. We do not actually know how many pigs there are, but we know that the UK pig industry is worth £1.6 billion at the farm gate and £5 billion at retail. Considering food service, external sales and export values, we think it is worth over £14 billion in total. I hope that that helps him to understand the size of the industry.

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