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Consultation on the Operation of the Gangmasters Licensing (Exclusions) Regulations 2006 7

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Consultation on the Operation of the Gangmasters Licensing (Exclusions) Regulations 2006 7 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 1 communisis The leading print partner C M www.defra.gov.uk Y K JOB LOCATION: PRINERGY 1 DISCLAIMER APPROVER The accuracy and the content of this file is the responsibility of the Approver. Please authorise approval only if you wish to proceed to print. Communisis PMS cannot accept liability for errors once the file has been printed. PRINTER This colour bar is produced manually all end users must check final separations to verify Consultation on the colours before printing. operation of the Gangmasters Licensing (Exclusions) Regulations 2006 July 2008 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 2 Consu Summ Backg Discu Propo D S S S Quas Supp Pea v Fores Department for Environment, Food and Rural Affairs Nobel House What 17 Smith Square Anne London SW1P 3JR Telephone 020 7238 6000 T Website: www.defra.gov.uk Anne © Crown copyright 2008 A Copyright in the typographical arrangement and design rests with the Crown. Anne This publication (excluding the royal arms and departmental logos) may be reused free of charge Q in any format or medium provided that it is reused accurately and not used in a misleading Anne context. The material must be acknowledged as crown copyright and the title of the publication specified. P Information about this publication and further copies are available from: Anne L Gangmasters, Employment and Tenancies Team Area 7E, Millbank c/o Nobel House Defra 17 Smith Square London SW1P 3JR Email: [email protected] Tel: 020 7238 5702 This document is available on the Defra website: http://www.defra.gov.uk/corporate/consult/foodfarming.htm Published by the Department for Environment, Food and Rural Affairs DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 1 Contents Consultation Letter 2 Summary 5 Background 6 Discussion 7 Proposals made by stakeholders to change the Exclusions Regulations 8 Definitions Short-term farmer to farmer loans Short-term services between farmers involving the use of a worker Specialist workers Quasi public organisations and charities 12 Supply between separate corporate bodies in the same ownership 13 Pea vine co-operatives 14 Forestry industry 15 What to do next 16 Annex A 17 The Gangmasters Licensing (Exclusions) Regulations 2006 Annex B 21 Activities Currently Excluded from the Licensing Scheme Annex C 22 rge Questions asked by this consultation Annex D 23 Partial Impact Assessment Annex E 30 List of consultees 1 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 2 Consultation Letter Gangmasters, Employment and Tenancies Team Consu Zone 5E 9 Millbank c/o Nobel House 6. T 17 Smith Square h London SW1P 3JR • Direct Line 020 7238 5702 Fax 020 7238 6553 • Website www.defra.gov.uk Email [email protected] • • • • Dear Consultee Consultation on the operation of the Gangmasters Licensing (Exclusions) Regulations 2006 7. W 1. I am writing to invite views on the operation of the Gangmasters Licensing (Exclusions) E Regulations 2006. a 2. The following documents may be found on Defra’s website at 8. If http://www.defra.gov.uk/corporate/consult/gangmasters-regs/ in re • Consultation letter th • List of consultees 9. P • Consultation paper if • Initial Impact Assessment th W Responses h o 3. Throughout the consultation document and initial Impact Assessment there are specific c questions aimed to help Defra to make an informed assessment of how these regulations are operating. These are listed in Annex C and we would be particularly interested to hear your 10. To views on them. D 4. Please send responses to me at: In L Gangmasters, Employment and Tenancies Team E Defra 1 Zone 5E, 9 Millbank L c/o Nobel House S 17 Smith Square London Te SW1P 3JR E Email: [email protected] P 5. Responses should be received by 20 October 2008. 2 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 3 Consultation Letter Consultation criteria 6. This consultation is in line with the Code of Practice on Consultations. This can be found at http://www.berr.gov.uk/bre/ • Consult widely throughout the process, allowing a minimum of 12 weeks for written consultation at least once during the development of the policy • Be clear about what your proposals are, who may be affected, what questions are being asked and the timescale for responses • Ensure that your consultation is clear, concise and widely accessible • Give feedback regarding the responses received and how the consultation process influenced the policy • Monitor your department’s effectiveness at consultation, including through the use of the designated consultation co-ordinator • Ensure your consultation follows better regulation best practice, including carrying out a Regulatory Impact Assessment if appropriate 2006 7. When this consultation ends, we intend to place a copy of the responses in the Defra library at sions) Ergon House, London. This is so that the public can see them. Members of the public may also ask for a copy of responses under freedom of information legislation. 8. If you do not want your response – including your name, contact details and any other personal information – to be publicly available, please say so clearly in writing when you send your response to the consultation. Please note, if your computer includes a confidentiality disclaimer, that won’t count as a confidentiality request. 9. Please explain why you need to keep details confidential. We will take your reasons into account if someone asks for this information under freedom of information legislation. But, because of the law, we cannot promise that we will always be able to keep those details confidential. We will summarise all responses and place this summary on our website at http://www.defra.gov.uk/corporate/consult/gangmasters-regs/. This summary will include a list of names of organisations that responded but not people’s personal names, addresses or other pecific contact details. ns are r your 10. To see consultation responses and summaries, please contact the library at: Defra Information Resource Centre Lower Ground Floor Ergon House 17 Smith Square London SW1P 3JR Telephone 020-7238-6575 Email: [email protected] Please give the library 24 hours’ notice. There is a charge for photocopying and postage. 3 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 4 Consultation Letter 11. If you have any comments or complaints about the consultation process, please address them Sum to Marjorie Addo, Defra’s Consultation Co-ordinator, Area 7C Nobel House, 17 Smith Square, London SW1P 3JR, or email [email protected]. • 12. Thank you for your help in this matter. If you have any queries please contact us as above. • Yours sincerely • • Ian Kelly Department for Environment, Food and Rural Affairs 4 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 5 Consultation Document them Summary quare, • Your views are invited on proposals to clarify the terms of the Gangmasters Licensing (Exclusions) Regulations 2006. e. • Feedback received from stakeholders about the way that the 2006 Regulations are operating suggests some refinement may be necessary to fine-tune the range of excluded circumstances. • This consultation also offers you the opportunity to identify any other areas of the Regulations which you consider need refinement. • The Government is not proposing to make substantive changes to the scope of the Gangmasters Licensing Scheme. Therefore this consultation does not seek views on making major revisions to the existing boundary set by the 2006 Regulations. 5 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 6 Consultation Document Background Discu 1. The Gangmasters (Licensing) Act 2004 was drafted in broad terms to require all labour providers 3. In operating in agriculture, horticulture, the processing and packaging of agricultural, fish and p shellfish produce, and the gathering of shellfish to obtain a licence. As a result of the way that w the Act was drafted, certain circumstances – which do not involve the activity of labour providers a or where the risk of exploitation of workers and other illegal activity by labour providers is st minimal – are brought within the definition of acting as a gangmaster. n to 2. The Gangmasters Licensing (Exclusions) Regulations 2006 fine-tune the scope of the licensing a arrangements by specifying circumstances where a person does not need to obtain a licence. c Annex A contains a copy of the Regulations and Annex B summarises the principal activities p which the current regulations exclude from the scope of the scheme. b to a 4. T sc in v c th th c re lo 6 DEF-PB13107_OpGangmsts 10/7/08 10:33 Page 7 Consultation Document Discussion viders 3. In broad terms the current arrangements have mapped reasonably accurately those areas where h and providers of gang labour are active, while excluding peripheral labour supply arrangements y that which do not represent the supply of gang labour or where the risk of exploitation of workers viders and other illegal activity by labour providers is low. However feedback received from ders is stakeholders since the Regulations were made in 2006, suggests that some refinement may be necessary to widen the range of excluded circumstances and to clarify the terms we have used to define the current exclusions. The activities which the industry has brought to our attention ensing are discussed in more detail in the remainder of this consultation document. They include cence. circumstances which were never intended to be covered by the licensing system in the first tivities place, such as charities which supply workers into the sectors covered by the Act. It has also been suggested that the terms used to define some of the existing exclusions should be relaxed to exclude informal or co-operative arrangements between farmers which do not involve the activity of mainstream labour providers.
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