GLA’s Triennial Review announced in addition to governance consultation
16 September 2013
Changes to the scope, governance and armoury of sanctions available to the Gangmasters Licensing Authority (GLA) face a rockier than expected path to fruition – as a new review of the organisation is announced on top of the consultation on those changes.
Mon, 16 Sep 2013Changes to the scope, governance and armoury of sanctions available to the Gangmasters Licensing Authority (GLA) face a rockier than expected path to fruition – as a new review of the organisation is announced on top of the consultation on those changes.
But the organisation’s chair, Margaret McKinlay, tells recruiter.co.uk she is hopeful this will not delay proceedings.
The GLA said last week it was looking forward to improvements and civil sanctions becoming available to it following a consultation through the summer, which the government responded to late last month.
A new triennial review of the GLA was announced 10 September, which is open to public consultation until 27 September.
These triennial reviews are something all non-governmental public bodies are subject to, looks at “whether we should remain in existence and if so, what we should do and if we should change”, GLA chair McKinlay explains to recruiter.co.uk.
While she says that the organisation “knew it [the new review] was coming” and that the new process will take the consultation into account, she admits that “it’s going to take a little bit of managing” when significant changes to the organisation were also being set out in a consultation process, which the government published a summary of responses to in late August.
That first consultation had three main aims:
1) The GLA’s scope
The consultation proposed tweaks to the industries and firms the GLA regulates, including the exclusion of forestry and apprenticeship training agencies. Support for these means consultations should come into force on 1 October after being put to parliament.
McKinlay says this is the “top priority” for the Department for Environment, Food, and Rural Affairs (Defra), although notes that it may be difficult to get this finalised ahead of parliament rising for party conference season.
2) A reformed GLA board structure
McKinlay says it is “pretty obvious” that the board of 28 needs to get smaller.
She says the GLA had been set up with a large board “to ensure the GLA was listening to its stakeholders”, adding: “The stakeholder voice must still be heard, but that’s not the same as having a board of 28.
“We need to have some sort of formal channels where we ensure board members listen to their views – I absolutely believe the GLA is a successful body because it listens,” she adds.
The new review contains proposals for the new board, and may hold up the consultation goal of presenting board proposals to parliament in autumn to be introduced in April 2014, McKinlay hints.
She says: “The triennial review people are aware of that timetable [new board by April 2014] and say they don’t want to hold up that… and I would like to believe them.” While this does seem “ambitious”, she adds: “I like to be ambitious.”
3) The GLA’s arsenal of sanctions
The consultation document asked whether the GLA should have access to the Enforcement Undertakings civil sanction in addition to current powers.
Enforcement Undertakings see companies offer to amend their non-compliance or transgression, with the regulatory body able to choose whether or not those steps are acceptable.
Many consultees said that the GLA should be able to fine gangmasters. This is despite it being made explicitly clear that this was not an option, as Defra tells recruiter.co.uk that government policy set out in November 2012 clearly precludes the use of monetary penalties against SMEs – with the majority of gangmasters being smaller firms.
“We felt that additional penalties would be a useful addition to our armoury… but our thinking was going along different lines [to the government’s],” McKinlay adds, saying: “We are a bit frustrated by what happens when cases end up in court and we have commented on cases where we have felt the punishment did not fit the crime.”
But, she adds: “The government has said no, so we’ve got to think well what can we do [instead of fines].”
Most consultees expressed doubts the undertakings would be a positive addition to GLA powers. Further consultation on the matter was “expected to come forward early in 2014”, the original consultation said. Defra now tells recruiter.co.uk this is “unlikely” to come forward before spring next year.
But the organisation’s chair, Margaret McKinlay, tells recruiter.co.uk she is hopeful this will not delay proceedings.
The GLA said last week it was looking forward to improvements and civil sanctions becoming available to it following a consultation through the summer, which the government responded to late last month.
A new triennial review of the GLA was announced 10 September, which is open to public consultation until 27 September.
These triennial reviews are something all non-governmental public bodies are subject to, looks at “whether we should remain in existence and if so, what we should do and if we should change”, GLA chair McKinlay explains to recruiter.co.uk.
While she says that the organisation “knew it [the new review] was coming” and that the new process will take the consultation into account, she admits that “it’s going to take a little bit of managing” when significant changes to the organisation were also being set out in a consultation process, which the government published a summary of responses to in late August.
That first consultation had three main aims:
1) The GLA’s scope
The consultation proposed tweaks to the industries and firms the GLA regulates, including the exclusion of forestry and apprenticeship training agencies. Support for these means consultations should come into force on 1 October after being put to parliament.
McKinlay says this is the “top priority” for the Department for Environment, Food, and Rural Affairs (Defra), although notes that it may be difficult to get this finalised ahead of parliament rising for party conference season.
2) A reformed GLA board structure
McKinlay says it is “pretty obvious” that the board of 28 needs to get smaller.
She says the GLA had been set up with a large board “to ensure the GLA was listening to its stakeholders”, adding: “The stakeholder voice must still be heard, but that’s not the same as having a board of 28.
“We need to have some sort of formal channels where we ensure board members listen to their views – I absolutely believe the GLA is a successful body because it listens,” she adds.
The new review contains proposals for the new board, and may hold up the consultation goal of presenting board proposals to parliament in autumn to be introduced in April 2014, McKinlay hints.
She says: “The triennial review people are aware of that timetable [new board by April 2014] and say they don’t want to hold up that… and I would like to believe them.” While this does seem “ambitious”, she adds: “I like to be ambitious.”
3) The GLA’s arsenal of sanctions
The consultation document asked whether the GLA should have access to the Enforcement Undertakings civil sanction in addition to current powers.
Enforcement Undertakings see companies offer to amend their non-compliance or transgression, with the regulatory body able to choose whether or not those steps are acceptable.
Many consultees said that the GLA should be able to fine gangmasters. This is despite it being made explicitly clear that this was not an option, as Defra tells recruiter.co.uk that government policy set out in November 2012 clearly precludes the use of monetary penalties against SMEs – with the majority of gangmasters being smaller firms.
“We felt that additional penalties would be a useful addition to our armoury… but our thinking was going along different lines [to the government’s],” McKinlay adds, saying: “We are a bit frustrated by what happens when cases end up in court and we have commented on cases where we have felt the punishment did not fit the crime.”
But, she adds: “The government has said no, so we’ve got to think well what can we do [instead of fines].”
Most consultees expressed doubts the undertakings would be a positive addition to GLA powers. Further consultation on the matter was “expected to come forward early in 2014”, the original consultation said. Defra now tells recruiter.co.uk this is “unlikely” to come forward before spring next year.
