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Proceeding contribution from Lord Livsey of Talgarth (Liberal Democrat) in the House of Lords on Tuesday, 16 May 2006. It occurred during Debates on delegated legislation on Gangmasters Licensing (Exclusions) Regulations 2006.


Gangmasters Licensing (Exclusions) Regulations 2006

I strongly welcome the Minister here today. We have worked together across the Table many times. It is strange to think of Denis Howell; I am sure he would have enjoyed the cup final in Cardiff last Saturday. It was a sunny day, and I must tell the Minister, a Birmingham man, that all the reservoirs are full as well. The supply of water in Birmingham this summer looks okay to me. However, there are issues with these regulations, and I am grateful to the noble Baroness, Lady Byford, for giving us the opportunity to discuss some of them. I, like her, find it strange that it has taken almost two years to get the regulations into place. There is some justification, however, in that they must get it right. Whether it could have been got right sooner is another question. Workers are, of course, still picking cockles in Morecombe Bay—legally, I hope—under supervision. Is the Minister now satisfied by the progress of the Gangmasters Licensing Authority? Who is its chair? I should know, but I do not. How many members does it have? When we debated the Bill we agreed on a figure, which escapes me for the moment. I am sure the membership will be in line with that, but I am intrigued to know. How many gangmasters have been licensed since the launch of licensing on 6 April? Or are we waiting for this statutory instrument to go through here first before any gangmasters are licensed? I suspect that the process has started already. On licensing conditions, what checks and balances exist on seasonal imported labour? Are papers in order, for example? Are the gangmasters checking them out, or are inspections taking place to ensure that they are all here legally? Obviously, we welcome the imposition of this important legislation, and congratulate the Government on bringing it in. However, I would like to know more about these points. In Herefordshire, which neighbours my area, there has been much discussion about accommodation for seasonal workers. I presume that that is inspected and up to standard, as far as possible. The noble Baroness, Lady Byford, mentioned some of the discussions. It is perfectly acceptable, for example, that it will take six months from 6 April for gangmasters to apply for a licence, given that we are a couple of years on anyway. That process will take some time, and I am hopeful that that target will be met. There is some concern that publicity for these changes is not sufficiently adequate. Is the Minister satisfied that Defra and the Gangmasters Licensing Authority have between them adequate resources for an effective publicity campaign in sufficient time for the regulations to be clearly understood? The Gangmasters (Appeals) Regulations refer to an appointed person in charge of a tribunal. We learn that the hearing will be an oral one. I am sure that the Minister cannot answer this question precisely, but what sort of timescale are we thinking of? It will be important to determine appeals quickly. Given that there are references to the need for that in the regulations, how will they be expedited on time? Obviously, speed is crucial. When crops, fruit or vegetables are ready they need to be harvested at optimum quality. The other matter that we should discuss is the exclusion regulations. I praise the flexibility outlined in page 3 of the Explanatory Memorandum on the exclusions regulations, which allow agricultural contractors to be involved and excluded. There is another important issue concerning agricultural students supplied by an educational establishment. I worked in Lincolnshire one summer when I was a student, and I certainly felt exploited, gathering potatoes in thunderstorms and rain to try to get them to Manchester within four hours. Things like that go on. I welcome these regulations and the flexibility contained in part of them. There is another issue in which I am particularly interested: the gathering of shellfish. Paragraph 7.7 of the Explanatory Memorandum gives a precise definition:"““Paragraph 15 makes it clear that after 1st October 2006 the gathering of shellfish will be brought within the scope of the licensing scheme with the exception of workers employed directly to gather shellfish from a fishing vessel and workers employed to gather shellfish by diving””." Noble Lords who know the Gower peninsula will appreciate the importance of cockles to its economy. My grandmother took me there long ago to Penclawdd, which is famous for cockles. Quite a lot of local people gather cockles, almost as of right, from one generation to another. How are they incorporated? There is specific reference to people who have fishing vessels, but some of those people are land based and also work in the food processing and packaging sector on dry land, away from the inlets. There are important issues for local economies. Without more ado, those are my comments on the three statutory instruments.


Secondary information

Type
Proceeding contribution
Reference
682 c63-4GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Appeals Applications Agriculture Age Casual workers Administrative delays Employment Licensing Enforcement Gangmasters Horticulture Working conditions Seasonal workers Students Gangmasters Licensing Authority Cockles
Legislation
Gangmasters (Licensing Conditions) Rules 2006
Gangmasters (Appeals) Regulations 2006
Gangmasters Licensing (Exclusions) Regulations 2006
Link
View this Proceeding contribution on www.publications.parliament.uk