The Gangmasters Licensing Authority (GLA) is to loosen its rules on inspecting companies that apply for a gangmaster’s licence, in response to the Government’s Red Tape Challenge.
Currently, all businesses that apply for a licence are subject to an automatic physical inspection, on issues such as pay for agency workers and safe working conditions. From 1 October, a new system will be introduced allowing the GLA to determine whether a site visit is necessary or not, based on certain criteria.
The default position will be that the GLA will physically inspect a premises unless discretionary aspects exist, supported by other evidence, information and intelligence, which deem the site visit unnecessary.
In some instances, licences could be issued, but more likely refused, without a physical inspection taking place.
Mandatory inspections will continue to take place for companies that have been refused a licence previously by the GLA, or had a licence revoked. The regulator will also inspect where: no information is held on the company, or individuals involved; the Authority holds negative intelligence reports about the company; or the company has failed security checks by other government bodies.
Immediate approval could be granted: to previous licence-holders applying within six months of the lapse of their previous licence; in cases where a new legal entity is created for a previously compliant business; and to applicants with a clean history of operating in other industry sectors.
Where there is clear evidence of recent non-compliance or tax issues, the GLA says immediate refusal of a licence is a possibility.
Explaining the decision to adopt the discretionary approach to application inspections, GLA chief executive Paul Broadbent said: “Under the Government’s Red Tape Challenge, the GLA was asked to reduce the regulatory burdens it places on businesses — with particular emphasis on compliant companies.
“Our default position will always be to inspect — but there are occasions when there may be no need. In any event, our strategic aim of working in partnership to protect vulnerable and exploited workers remains at the heart of all we do.”
The TUC, however, believes the relaxation of the rules on inspections will weaken the safeguards in place to protect vulnerable workers. Instead of reducing the scope of the GLA, the Authority’s remit should be extended to other high-risk sectors, including construction, hospitality and social care, said the union organisation.
TUC general secretary Frances O’Grady remarked: “GLA inspections ensure that people working in high-risk industries are protected, that they are paid the minimum wage, work in a safe environment, and are not exploited. Inspections also increase consumers’ confidence that workers who are preparing their food and manufacturing their products are not being mistreated.
“The Government’s so-called war on ‘red tape’ will significantly increase the risk of rogue employers being granted a licence, under-cutting law-abiding agencies and abusing their workforces.”
Guidance on the new discretionary approach to application inspections can be viewed at http://gla.defra.gov.uk/PageFiles/1483/GLA%20Brief%20Issue%2028%20-%20final.pdf
The GLA is the answer to a question that didn’t need to be asked. There was and is sufficient legislation on the statute books in terms of H&S and employment law to cover the activities of gangmasters.
Don’t forget that most (all?) of the Morecombe Bay cockle pickers were illegal immigrants and if we had had a functioning immigration service at the time, then cockles in Morecombe bay would be picked by indiginous locals who knew the risks.
Sport on Ray. Lets hope GLA doesn’t loosen it’s grip too much. Time will tell.
The GLA is a recent development following the tragic Morecombe Bay incident in 2004, where 21 cockle pickers lost their lives.
Politicians have very short memories…