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tabling member printed	Stephanie Peacock
answer › answering member constituency	Rochester and Strood
uin	263213

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registered interest

date

exactly:

or between:
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answering body

answering dept id

answering dept short name

answering dept sort name

hansard heading

house id

legislature


pref label

question text

tabling member constituency

tabling member printed

uin

answer

is ministerial correction

date of answer

exactly:

or between:
and

answer text

answering member constituency

answering member printed

grouped question UIN

question first answered

answering member


label

tabling member


label

1131347

registered interest

date

11/06/2019

answering body

Department for Business, Energy and Industrial Strategy

answering dept id

201

answering dept short name

Business, Energy and Industrial Strategy

answering dept sort name

Business, Energy and Industrial Strategy

hansard heading

Conditions of Employment

house id

legislature

25259

	pref label	House of Commons

question text

To ask the Secretary of State for Business, Energy and Industrial Strategy, pursuant to the Answer of 10 June 2019 to Question 260093, on what dates each labour market enforcement undertaking was applied; to which employers such undertakings were applied; and on the basis of what trigger offence in each case.

tabling member constituency

Barnsley East

tabling member printed

Stephanie Peacock

uin

263213

answer

is ministerial correction

date of answer

17/06/2019

answer text

The Immigration Act 2016 introduced the provision for three labour market enforcement bodies to serve labour market enforcement undertakings (LMEU) and orders (LMEO): the Employment Agency Standards (EAS) Inspectorate, the Gangmasters and Labour Abuse Authority (GLAA) and Her Majesty’s Revenue and Customs – National Minimum Wage Team (HMRC – NMW). To date, no prosecution has resulted from breaching a labour market enforcement undertaking or order. Each enforcement body has a different legal framework for the disclosure of information related to LMEUs. Both EAS and HMRC – NMW cannot disclose the name of the employers or the nature of the offences without informed consent from the employers involved as this would be in breach of their respective customer confidentiality clauses. Section 9 of the Employment Agency Act precludes EAS from publishing the name or details of enforcement action without the permission of the employment business or agencies involved. Section 18 of the Commissioners for Revenue and Customs Act (CRCA) 2005 precludes HMRC from disclosing/sharing information about an individual or taxpayer to a third party. The GLAA routinely discloses the dates and the type of trigger offences for which its LMEUs are served. Whilst the Gangmasters (Licensing) Act 2004 does not preclude the GLAA from disclosing the names of the recipients of LMEUs, the GLAA does not deem appropriate to release their identity. Identity disclosure would defeat the purpose of LMEUs which are a voluntary agreement meant to be a proportionate sanction to encourage compliant behaviour from the recipient. The table below displays the information that could be disclosed by the three enforcement bodies: <table><tbody><tr><td>Enforcement Body</td><td>Number of LMEU served</td><td>Date of commencement</td><td>Trigger offence</td></tr><tr><td rowspan="2">EAS</td><td>4</td><td>04/04/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>03/04/18</td><td>Not disclosed</td></tr><tr><td rowspan="10">GLAA</td><td>1</td><td>20/03/18</td><td rowspan="10">All these LMEUs have been issued for trigger offences under section 12 and 13 of the Gangmasters Licensing Act 2004 which respectively refer to acting as an unlicensed gangmaster and using labour supplied by an unlicensed gangmaster.</td></tr><tr><td>1</td><td>22/05/18</td></tr><tr><td>1</td><td>21/06/18</td></tr><tr><td>1</td><td>13/07/18</td></tr><tr><td>1</td><td>23/07/18</td></tr><tr><td>1</td><td>16/08/18</td></tr><tr><td>3</td><td>21/08/18</td></tr><tr><td>1</td><td>31/12/18</td></tr><tr><td>4</td><td>15/04/19</td></tr><tr><td>1</td><td>26/04/19</td></tr><tr><td rowspan="8">HMRC - NMW</td><td>1</td><td>19/06/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>27/06/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>21/08/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>05/11/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>22/10/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>30/10/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>16/11/18</td><td>Not disclosed</td></tr><tr><td>1</td><td>07/03/19</td><td>Not disclosed</td></tr><tr><td> </td><td>Total: 28</td><td> </td><td> </td></tr></tbody></table>

answering member constituency

Rochester and Strood

answering member printed

Kelly Tolhurst

grouped question UIN

263218

question first answered

17/06/2019 09:57:18

answering member

4487

	label	Biography information for Kelly Tolhurst

tabling member

4607

	label	Biography information for Stephanie Peacock