That is most welcome, although obviously, under the new powers that Select Committees have, we shall analyse the Bill very carefully to establish whether it can be improved. Perhaps the Minister will be good enough also to confirm that anonymous complaints can be made, that indirect as well as direct complaints can be made and that third parties such as trade organisations will be able to make complaints, and will tell us whether the Bill contains provisions relating to the recovery of investigation costs.
We are anxious for the adjudicator to have the power to levy financial penalties without the need for an order by the Secretary of State. That has been mentioned a number of times already in interventions. Having waited since 2008, when the Competition Commission first reported, we would find it unacceptable for the adjudicator not to be fleet of foot and able to levy such penalties without the need for an order. I believe that the Bill allows that in some circumstances, but perhaps the Minister could give us a nod.
Clause 16 refers to the transfer of adjudicator functions to a public body, and states:
“The Secretary of State may by order abolish the Adjudicator”.
Even a cursory reading sets alarm bells ringing. Does that mean that within two or three years of the establishment of the adjudicator, his functions could be abandoned? Would they simply pass to another public body, or would the whole process grind to a halt? Some clarification would be helpful.
Obviously we were briefed by outside bodies before the debate. I should like the Minister who responds to the debate to comment on the views of the National Farmers Union, which is keen for the adjudicator to be able to impose fines as swiftly as possible without waiting for an order from the Secretary of State. Also, can the Minister say whether there will be an ongoing review of the effectiveness of the groceries code itself? There would be some merit in having an independent
body look at the effectiveness of the code after some cases have been addressed by the adjudicator, and I am sure my Committee—or, indeed, the Business, Innovation and Skills Committee—would stand ready to do so. Do the Government plan to follow that course of action?
The National Farmers Union has said it would welcome an assurance from the Government that compliance with the code will be mandatory for the retailers it covers. I ask the Minister to set out precisely which retailers it will cover. Will the Minister also state whether the code will be legally enforceable by the adjudicator?
We on the Environment, Food and Rural Affairs Committee are keen to ensure that the new adjudicator will adequately protect farmers and food producers from large retailers. We see this as a good opportunity to restore the balance between the mighty supermarkets and the considerably less powerful growers, who provide the food we eat. I hope we can continue to move towards self-sufficiency in their products.
There has been a climate of fear in the grocery supply chain for many years. We therefore welcome the provisions to allow the adjudicator to receive anonymous complaints —that has, I think, been confirmed. We wish the Bill safe passage today, but, in the light of opinions and evidence heard by us and the Business, Innovation and Skills Committee, we reserve the right to continue to examine it closely as it progresses, with a view to improving it if we believe that is necessary.
5.36 pm