Clause 3 - Administration and enforcement

Part of Gangmasters (Licensing) Bill – in a Public Bill Committee at 3:45 pm on 28 April 2004.

Alert me about debates like this

Photo of Alun Michael Alun Michael Minister of State (Rural Affairs), Department for Environment, Food and Rural Affairs 3:45, 28 April 2004

A lot of ground has been covered in a short time and I shall seek to do the same. The hon. Member for Boston and Skegness asked about the nature of the authority. We envisage a body in which the chair will be appointed by the Secretary of State through the normal appointments system and in which other members of the board—approximately 17 representatives—will be chosen for specific aspects of expertise. That would mean representation from the industry—farmers, growers and trade unions—and from Government. That would ensure that people on the board are involved in those bodies that enforce legislation relevant to the activities of gangmasters. We envisage a board that has practical experience to inform the decisions that it makes. The appointment of the chairman by the Secretary of State would be in line with the recognised procedures laid down by the Office of the Commissioner for Public Appointments.

In terms of enforcement, the licensing body must, most importantly, create an environment for the licence and ensure that licence requirements are complied with. Another aspect of enforcement covers the activities of those who are not licensed—the villains outside the licensing system. We are considering the way in which enforcement will be exercised; a degree of enforcement from DEFRA might be required.

The power of arrest included in the Bill could be useful for organisations other than the licensing authority and DEFRA, because it establishes a clear line. It may be suspected, but not immediately apparent, that a variety of offences are being committed—for example, one may not know whether offences under health and safety legislation are taking place. However, one would immediately know whether the person has a licence to be a gangmaster; if they do not, there is the power to arrest them straight away. That creates a means of taking hold of the situation in, as my right hon. Friend the Member for Holborn and St. Pancras described them, the 5 o'clock mists of the countryside.