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To ask the Secretary of State for Environment, Food and Rural Affairs what enforcement action the Gangmasters Licensing Authority can take in respect of unlicensed gangmasters.
[134780]
To ask the Secretary of State for Environment, Food and Rural Affairs what enforcement action the Gangmasters Licensing Authority can take in respect of unlicensed gangmasters.
[134780]
Under section 12 of the Gangmasters (Licensing) Act 2004 it is a criminal offence to operate as a gangmaster without a license. The Gangmasters Licensing Authority may prosecute an unlicensed gangmaster and a person found guilty is liable to imprisonment for a term not exceeding 10 years, or to a fine, or to both.
To ask Her Majesty’s Government, further to the Written Answer by Lord Henley on 15 June 2011 (WA 194), when they expect to announce the conclusions of their pilot of a light-touch inspection regime for gangmaster licences.[HL3962]
To ask Her Majesty’s Government, further to the Written Answer by Lord Henley on 15 June 2011 (WA 194), when they expect to announce the conclusions of their pilot of a light-touch inspection regime for gangmaster licences.[HL3962]
The Gangmasters Licensing Authority (GLA) expects to issue a public consultation on proposals for administrative changes to their licensing regime around the turn of the year. This will run in parallel with a consultation by Defra on proposed legislative changes which will include the exclusion of low-risk sectors, including forestry, from the scope of GLA licensing.
In the mean time, the GLA published a briefing paper on Friday 7 December confirming that the pilot that has been operating in the forestry sector since August 2011 will continue and be extended. That briefing explains that pending the outcome of consultation the GLA would cease to charge fees for any forestry-only licence applications, applications inspections or licence renewals.
To ask the Secretary of State for Environment, Food and Rural Affairs (1) how many cases the Gangmasters Licensing Authority has brought to the Crown Prosecution Service for prosecution of people for being unlicensed gangmasters in each of the last three years;
[130700]
To ask the Secretary of State for Environment, Food and Rural Affairs (1) how many cases the Gangmasters Licensing Authority has brought to the Crown Prosecution Service for prosecution of people for being unlicensed gangmasters in each of the last three years;
[130700]
Figures on the number of prosecutions and convictions are set out in the following table:
| England
and
Wales | Scotland | N.
Ireland | ||||
| No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | |
| 2010-11 | 23 | 5 | 5 | 4 | 4 | 2 |
| 2011-12 | 7 | 6 | 2 | 5 | 2 | 0 |
| 2012-13 | 5 | 4 | 1 | 3 | 3 | 2 |
| Note: Cases submitted to the Crown Prosecution Service or to the Procurator Fiscal in Scotland may take up to two years to come to court; therefore, the figures are not strictly comparable on a year to year basis. |
Sentences:
The courts have not yet handed down a custodial sentence. Sentences have included absolute discharge (3), fines, community service and probation orders, suspended sentences and the awarding of prosecution costs. It is not possible to arrive at an average sentence but the range of sentences across the nations of the UK is illustrated below:
England and Wales: Fines between £300 and £5,000; Costs between £300 and £10,900; Community service orders between 140 and 200 hours; Disqualifications from holding directorship of two years and five years
Scotland: Procurator Fiscal's Warning as alternative to trial; Fines between £200 and £2,500; Community service orders of 200 hours with 18-month probation
Northern Ireland: Sentences ranging from absolute discharge to £750 fine plus costs; two cases awaiting sentence
There have been additional, Police-led, investigations involving GLA offences. In some instances GLA offences have been set aside in favour of human trafficking charges.
(2) how many prosecutions there have been for people being unlicensed gangmasters in each of the last three years;
[130701]
Huw Irranca-Davies:
(2) how many prosecutions there have been for people being unlicensed gangmasters in each of the last three years;
[130701]
Huw Irranca-Davies:
Figures on the number of prosecutions and convictions are set out in the following table:
| England
and
Wales | Scotland | N.
Ireland | ||||
| No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | |
| 2010-11 | 23 | 5 | 5 | 4 | 4 | 2 |
| 2011-12 | 7 | 6 | 2 | 5 | 2 | 0 |
| 2012-13 | 5 | 4 | 1 | 3 | 3 | 2 |
| Note: Cases submitted to the Crown Prosecution Service or to the Procurator Fiscal in Scotland may take up to two years to come to court; therefore, the figures are not strictly comparable on a year to year basis. |
Sentences:
The courts have not yet handed down a custodial sentence. Sentences have included absolute discharge (3), fines, community service and probation orders, suspended sentences and the awarding of prosecution costs. It is not possible to arrive at an average sentence but the range of sentences across the nations of the UK is illustrated below:
England and Wales: Fines between £300 and £5,000; Costs between £300 and £10,900; Community service orders between 140 and 200 hours; Disqualifications from holding directorship of two years and five years
Scotland: Procurator Fiscal's Warning as alternative to trial; Fines between £200 and £2,500; Community service orders of 200 hours with 18-month probation
Northern Ireland: Sentences ranging from absolute discharge to £750 fine plus costs; two cases awaiting sentence
There have been additional, Police-led, investigations involving GLA offences. In some instances GLA offences have been set aside in favour of human trafficking charges.
(3) what the (a) shortest and (b) longest sentence received for being an unlicensed gangmaster is;
[130702]
Huw Irranca-Davies:
(3) what the (a) shortest and (b) longest sentence received for being an unlicensed gangmaster is;
[130702]
Huw Irranca-Davies:
Figures on the number of prosecutions and convictions are set out in the following table:
| England
and
Wales | Scotland | N.
Ireland | ||||
| No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | |
| 2010-11 | 23 | 5 | 5 | 4 | 4 | 2 |
| 2011-12 | 7 | 6 | 2 | 5 | 2 | 0 |
| 2012-13 | 5 | 4 | 1 | 3 | 3 | 2 |
| Note: Cases submitted to the Crown Prosecution Service or to the Procurator Fiscal in Scotland may take up to two years to come to court; therefore, the figures are not strictly comparable on a year to year basis. |
Sentences:
The courts have not yet handed down a custodial sentence. Sentences have included absolute discharge (3), fines, community service and probation orders, suspended sentences and the awarding of prosecution costs. It is not possible to arrive at an average sentence but the range of sentences across the nations of the UK is illustrated below:
England and Wales: Fines between £300 and £5,000; Costs between £300 and £10,900; Community service orders between 140 and 200 hours; Disqualifications from holding directorship of two years and five years
Scotland: Procurator Fiscal's Warning as alternative to trial; Fines between £200 and £2,500; Community service orders of 200 hours with 18-month probation
Northern Ireland: Sentences ranging from absolute discharge to £750 fine plus costs; two cases awaiting sentence
There have been additional, Police-led, investigations involving GLA offences. In some instances GLA offences have been set aside in favour of human trafficking charges.
(4) what the average sentence is handed down to a person who has been prosecuted for being an unlicensed gangmaster.
[130703]
Huw Irranca-Davies:
(4) what the average sentence is handed down to a person who has been prosecuted for being an unlicensed gangmaster.
[130703]
Huw Irranca-Davies:
Figures on the number of prosecutions and convictions are set out in the following table:
| England
and
Wales | Scotland | N.
Ireland | ||||
| No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | No.
of files submitted to prosecuting
authorities | Convictions | |
| 2010-11 | 23 | 5 | 5 | 4 | 4 | 2 |
| 2011-12 | 7 | 6 | 2 | 5 | 2 | 0 |
| 2012-13 | 5 | 4 | 1 | 3 | 3 | 2 |
| Note: Cases submitted to the Crown Prosecution Service or to the Procurator Fiscal in Scotland may take up to two years to come to court; therefore, the figures are not strictly comparable on a year to year basis. |
Sentences:
The courts have not yet handed down a custodial sentence. Sentences have included absolute discharge (3), fines, community service and probation orders, suspended sentences and the awarding of prosecution costs. It is not possible to arrive at an average sentence but the range of sentences across the nations of the UK is illustrated below:
England and Wales: Fines between £300 and £5,000; Costs between £300 and £10,900; Community service orders between 140 and 200 hours; Disqualifications from holding directorship of two years and five years
Scotland: Procurator Fiscal's Warning as alternative to trial; Fines between £200 and £2,500; Community service orders of 200 hours with 18-month probation
Northern Ireland: Sentences ranging from absolute discharge to £750 fine plus costs; two cases awaiting sentence
There have been additional, Police-led, investigations involving GLA offences. In some instances GLA offences have been set aside in favour of human trafficking charges.
Does the Minister not realise that the code makes absolutely no reference to the need to address the supply chains of the major supermarkets in order to prevent modern-day slavery, such as that in the Noble/Freedom Food eggs case? I have written to her about the need to incorporate into...
Does the Minister not realise that the code makes absolutely no reference to the need to address the supply chains of the major supermarkets in order to prevent modern-day slavery, such as that in the Noble/Freedom Food eggs case? I have written to her about the need to incorporate into...
I reassure the hon. Lady that the Gangmasters Licensing Authority is doing a first-rate job at addressing the concerns of the hon. Member for Linlithgow and East Falkirk (Michael Connarty). If he has evidence of such abuse, he should take it to the authority urgently and it will be addressed...
I reassure the hon. Lady that the Gangmasters Licensing Authority is doing a first-rate job at addressing the concerns of the hon. Member for Linlithgow and East Falkirk (Michael Connarty). If he has evidence of such abuse, he should take it to the authority urgently and it will be addressed...
I welcome the Bill’s focus on the role of the adjudicator in enforcing the groceries code. If the adjudicator, in carrying out that work, came across evidence of serious criminal offences, for example in the field of competition or human trafficking, it would surely be up to them to refer...
I welcome the Bill’s focus on the role of the adjudicator in enforcing the groceries code. If the adjudicator, in carrying out that work, came across evidence of serious criminal offences, for example in the field of competition or human trafficking, it would surely be up to them to refer...
As my hon. Friend will have heard in my earlier intervention, having read through the code it seems there is absolutely nothing in it to protect the labour factor in the supply chain. Will my hon. Friend take on board the need to raise that issue in Committee and table...
As my hon. Friend will have heard in my earlier intervention, having read through the code it seems there is absolutely nothing in it to protect the labour factor in the supply chain. Will my hon. Friend take on board the need to raise that issue in Committee and table...
My honourable friend the Minister for Employment Relations, Consumers and Postal Affairs (Norman Lamb) has today made the following Statement.
In October 2010, the right honourable Edward Davey announced to the House that the Government would examine how workplace rights are enforced and identify if government’s enforcement activities could be streamlined....
My honourable friend the Minister for Employment Relations, Consumers and Postal Affairs (Norman Lamb) has today made the following Statement.
In October 2010, the right honourable Edward Davey announced to the House that the Government would examine how workplace rights are enforced and identify if government’s enforcement activities could be streamlined....
In October 2010, the Secretary of State for Energy and Climate Change announced to the House that the Government would examine how workplace rights are enforced and identify if Government’s enforcement activities could be streamlined. I am reporting our conclusions to the House.
Our review focused on the recruitment sector, Gangmaster...
In October 2010, the Secretary of State for Energy and Climate Change announced to the House that the Government would examine how workplace rights are enforced and identify if Government’s enforcement activities could be streamlined. I am reporting our conclusions to the House.
Our review focused on the recruitment sector, Gangmaster...
To ask the Secretary of State for Environment, Food and Rural Affairs (1) following the debate in Westminster Hall on 20 June 2012 on gangmasters, what steps her Department is taking to investigate the use of repayment orders for gangmaster-related offences; and by what date she expects this to take...
To ask the Secretary of State for Environment, Food and Rural Affairs (1) following the debate in Westminster Hall on 20 June 2012 on gangmasters, what steps her Department is taking to investigate the use of repayment orders for gangmaster-related offences; and by what date she expects this to take...
On 24 May 2012, Official Report, columns 83-85WS, I announced the outcome of the Government's Red Tape Challenge in respect of the Gangmasters Licensing Authority (GLA). This included bringing forward proposals for consultation on the introduction of fines and penalties for low level technical and minor offences, including a measure similar to a Repayment Order. Detailed proposals will be published later this year.
As part of the wider work on the GLA being taken forward as a result of proposals arising from the Red Tape Challenge, and following commitments given during the Westminster Hall Debate on 20 June 2012, Official Report, columns 272-80WH, we will look at whether it would be appropriate to issue sentencing guidelines for gangmaster-related offences. We will make further announcements in due course.
(2) following the debate in Westminster Hall on 20 June 2012 on gangmasters, by what date she expects to have referred the development of sentencing guidelines for gangmaster-related offences to the Ministry of Justice.
[115124]
Stephen Barclay:
(2) following the debate in Westminster Hall on 20 June 2012 on gangmasters, by what date she expects to have referred the development of sentencing guidelines for gangmaster-related offences to the Ministry of Justice.
[115124]
Stephen Barclay:
On 24 May 2012, Official Report, columns 83-85WS, I announced the outcome of the Government's Red Tape Challenge in respect of the Gangmasters Licensing Authority (GLA). This included bringing forward proposals for consultation on the introduction of fines and penalties for low level technical and minor offences, including a measure similar to a Repayment Order. Detailed proposals will be published later this year.
As part of the wider work on the GLA being taken forward as a result of proposals arising from the Red Tape Challenge, and following commitments given during the Westminster Hall Debate on 20 June 2012, Official Report, columns 272-80WH, we will look at whether it would be appropriate to issue sentencing guidelines for gangmaster-related offences. We will make further announcements in due course.
Westminster Hall adjournment debate on the Gangmasters Licensing Authority.
Westminster Hall adjournment debate on the Gangmasters Licensing Authority.
Thank you, Mr Dobbin, for the opportunity to speak in this debate.
I want us to pause, and for Members, in their busy lives, to picture waking up in a crowded room—with several other people sleeping nearby and without any space to sit down for breakfast—leaving before dawn in an old,...
Thank you, Mr Dobbin, for the opportunity to speak in this debate.
I want us to pause, and for Members, in their busy lives, to picture waking up in a crowded room—with several other people sleeping nearby and without any space to sit down for breakfast—leaving before dawn in an old,...
My hon. Friend and I go back a long way—back to Lancaster days. As everyone knows, I represent Morecambe. Does he agree that any legislative measures to curb red tape should not impede the safety of the cockle pickers and shell fisheries industry? It must always be borne in mind...
My hon. Friend and I go back a long way—back to Lancaster days. As everyone knows, I represent Morecambe. Does he agree that any legislative measures to curb red tape should not impede the safety of the cockle pickers and shell fisheries industry? It must always be borne in mind...
I thank my hon. Friend for his contribution, and he is right. I will come on to how we can make improvements without their being a bureaucratic imposition on firms. I should point out that I am talking about tackling illegal gangmasters, not the legal ones who already adhere to...
I thank my hon. Friend for his contribution, and he is right. I will come on to how we can make improvements without their being a bureaucratic imposition on firms. I should point out that I am talking about tackling illegal gangmasters, not the legal ones who already adhere to...
I not only congratulate my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) on securing this debate, as is the convention, but thank him, because, as he has rightly said, I have a similar constituency interest to his. Moreover, as good fortune has it, this debate follows on...
I not only congratulate my hon. Friend the Member for North East Cambridgeshire (Stephen Barclay) on securing this debate, as is the convention, but thank him, because, as he has rightly said, I have a similar constituency interest to his. Moreover, as good fortune has it, this debate follows on...
My right hon. Friend the Minister is right that, as with all factors relating to immigration, the issue is multifaceted. There are, of course, people here illegally, which is why we need a multi-agency approach, but that is not happening in my constituency at the moment. That is one of...
My right hon. Friend the Minister is right that, as with all factors relating to immigration, the issue is multifaceted. There are, of course, people here illegally, which is why we need a multi-agency approach, but that is not happening in my constituency at the moment. That is one of...