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By Gary Cooper
A PERTH woman yesterday became the first person in the UK to be prosecuted under new gangmaster laws.
Fiona Jane Clark (34), Brackenbrae, admitted supplying labour to farms in Angus and Perthshire without a proper licence.
Fiscal depute Donna Brown told Forfar Sheriff Court that Clark made around £20,000 from the venture.
Clark admitted acting as a gangmaster in contravention of the Gangmasters (Licensing) Act 2004 by supplying labour to a number of named individuals without a licence.
She committed the offence between November 1 and 30, 2006 at Agrico (UK) Ltd, Castleton of Eassie, near Glamis; Auchtertyre Farm, Newtyle; East Camno Farm, Meigle; and East Ardler Farm, Ardler.
Mrs Brown—who described it as a “novel prosecution”—said between 15 and 20 employees were involved over that period.
She said Clark had applied for a gangmaster’s licence but had been refused.
Mrs Brown told Sheriff Kevin Veal under sentencing powers available to the court Clark could be jailed for up to six months.
The sheriff deferred sentence to May 29 for social inquiry and community service reports and to hear the full facts of the case and her plea in mitigation.
Co-accused David Simpson (54), Hatton Place, Rattray, had his not guilty plea to the charge accepted by the Crown and walked free from the dock.
Outside the court the head of the Gangmasters Licensing Authority’s enforcement team for Scotland and the north of England, Ian Japp, said the case was the first prosecution in the UK under the new act.
He said, “Let me say first of all I’m disappointed we’ve had to come to a prosecution.
“We have a policy at the moment where we’re trying to encourage people to be compliant. However, if people are not being compliant, or perhaps if they are refused a licence from us and carry on working, then we have no other alternative but a prosecution.
“That’s what happened in this case.”
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