Gangmasters Licensing Authority - Regulatory Reviews and The Future of The GLA

Regulatory Reviews and The Future of The GLA

Despite reports advocating the extension of the GLA's remit the de-regularatory climate makes such a change unlikely, with the GLA being examined through several Government reviews.

In March 2005, before it was established, a report " Reducing administrative burdens:effective inspection and enforcement" recommended that the GLA's independent status ought to be reviewed . The report led to a programme of reviews of all regulators and the manner in which they operated. The GLA's approach was endorsed by the inspection review, demonstrating that their regulatory approach was in line with the new principles on regulation .

In June 2010, Agriculture Minister Jim Paice, announced a Defra wide review of regulation affecting farmers . In October 2010 the UK Government announced a "bonfire of the quangos" . Although the GLA was not among those regulators listed for abolition its approach was to be within the remit of the Government's "Red Tape Challenge", which was designed to identify regulations that should be changed or abolished In January 2011 Defra announced a review of regulations affecting the foresty industry

The Farming task force review, reporting in May 2011, made around 215 recommendations, of which 8 related to the GLA, which praised the GLA’s proactive lighter touch pilot on forestry (recommendation 4.64) . The Forestry review reported in October 2011 . It made 41 recommendations, 2 of which focused on the GLA, suggesting that forestry should be removed from the remit of the GLA.

In the Government response to the farming review recommendations, in February 2012, it stated that: "The Government will continue to look at what more the GLA needs to do to tackle the non-compliant, while reducing unnecessary burdens on the compliant, and any legal changes needed to support this. Any future approach will be reviewed as part of the Red Tape Challenge process. " The Government responded to the Forestry task force in March 2012, complimenting the GLA's forestry pilot as introducing a lighter touch approach to regulation, and reiterating its response to the Farming task force report. Whilst broadly supported by the Forestry industry they were still critical of the delay by leaving the recommendations to be dealt with by the red tape challenge (see critics below).

On 23 May 2012, a government-commissioned report by Adrian Beecroft, on revising employment regulation, included a recommendation for the GLA's abolition. The report, which did not refer to the GLA's focus on preventing labour exploitation, argued that there was very little concrete evidence of the GLA's impact, that it was not cost effective and that it imposed "a considerable financial and administrative burden ", the report concluded it was "hard to believe that the Health and Safety Executive and the normal processes of the law would not achieve a similar result at far less cost” than the GLA. . The report has received support and criticism itself, which has been widely reported.

On 24 May 2012, following the Red Tape Challenge review of the GLA's regulations, a Ministerial statement was issued which proposed changes to the way the GLA operated, but re-affirmed its commitment to the role of the GLA Supported by stakeholders in the industry, such as the National Farmers Union (NFU), others, such as the TUC, expressed concerns: 'We welcome the government's rejection of Mr Beecroft's call to abolish the GLA, but today's announcement will still reduce protection for many vulnerable workers." . Concerns that the GLA required more powers, or could be watered down, were echoed by Conservatives, and labour MPs alike, indicative of the continuing political support for the GLA demonstrated in the Westminister Hall debate in February 2012 .