Groceries Code Adjudicator Bill
Lord De Mauley Excerpts(11 years, 8 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, I beg to move that your Lordships do agree with another place in their Amendments 1 to 9. I shall speak also to Commons Amendments 11, 14, 16 and government Amendment 14A to Commons Amendment 14.
Commons Amendments 1 to 9, 11, 14 and 16 all together resolve what has been the most hotly debated topic of this Bill: whether the adjudicator should have the power to fine written on to the face of the Bill. As the Government have said throughout, and as the BIS Select Committee has also acknowledged, this is an issue that is finely balanced. However, at Second Reading in another place there was an overwhelming consensus that fines were necessary. This echoed sentiments expressed in your Lordships’ House. Accordingly, the Government have listened to the clearly expressed voice of Parliament and have tabled amendments to give the adjudicator the power to fine from the outset.
I would like to make clear that I expect fines to be used as a last resort, only for the most egregious or repeated offences. However, the very fact that the adjudicator has the power to impose them will send a strong message to retailers that compliance with the code is not optional. I am confident that these changes will mean that the adjudicator is able to ensure fair play in the food supply chain and keep the industry growing.
This will also benefit the farming industry. While many farmers are unlikely to be direct suppliers to retailers, and thus formally out of scope of the groceries supply code of practice, they will still benefit from increased trust and transparency in the supply chain. It is important to note that the adjudicator’s functions will not be a panacea for all the difficulties of the farming industry. She cannot set prices or address pay and conditions, but improved relationships between direct suppliers and retailers will have beneficial effects along the entire supply chain.
There have been suggestions that the power to impose fines from the outset would make Britain a less attractive place to do business. I would respond by saying that, other than retailers, almost all business groups, including the Federation of Small Businesses, the Food and Drink Federation and the National Farmers’ Union, support this amendment. I would further say that for retailers who comply with the code, an existing legal obligation, there will be absolutely no additional burden, as fines could only ever be imposed for a breach of the code. Retailers will also have a full right of appeal on the merits against the imposition of a fine or its amount.
The Earl of Sandwich
Having played a very small part in the early stages of the Bill, I want to congratulate the Government on listening. I am not in agreement with the noble Viscount, Lord Eccles. He knows that. I have listened to many NGOs in the farming community and I think he underestimates the feeling out there. It is important that the adjudicator is able to hear from anyone now. It is important that they can initiate investigations based on their own assessment as to whether there has been a breach, and it is also important they have a full set of tools to be able to change retailers’ behaviour. Retailers can be fined and required to take out a newspaper advertisement saying they breached the code. The GCA can provide clarification on how to interpret the code and can recommend changes in its scope. That is roughly the gist of it. I concur with the noble Lord, Lord Knight, that the Commons amendments have been just what was wanted.
Lord De Mauley
My Lords, I am grateful to all noble Lords for their contributions, particularly the noble Earl, Lord Sandwich, and the noble Lord, Lord Knight, although I warn the noble Lord, Lord Knight, that he should manage his expectations for the future.
The issue of whether to give the adjudicator the power to impose fines from the outset has always been, as I have said, a finely balanced policy decision. The BIS Select Committee acknowledged this in its 2011 report. We continue to believe that the sanction of requiring a retailer to publish information—the so-called name and shame—will be a powerful one and will suffice in the great majority of breaches. However, the Government have listened carefully to the arguments made in your Lordships’ House, at Second Reading in another place and by third parties that the ability to fine from the outset would help to give the adjudicator more teeth.
Turning to the questions raised by noble Lords, my noble friend Lord Eccles effectively asked why we need an adjudicator at all. He may not have said it in those words but that was the gist of it. I accept that he feels very strongly about this and he has argued his point eloquently here, as he has at previous stages in the passage of the Bill. I hope he will accept that the weight of opinion in both Houses, as well as that of the Competition Commission and the BIS Select Committee, is strongly in favour of the establishment of an adjudicator.
We recognise that supermarkets are a vital part of our economy and that they do much good through increased employment, consumer choice and their own commitment to corporate social responsibility. We also recognise that the groceries sector is generally very competitive.
My noble friend talked a bit about the suggestion that there is a climate of fear. Currently, complaints must be made to the supermarket involved and, given the purported climate of fear to which he refers and which has been indentified among suppliers, this could indeed limit complaints. Very few suppliers would be willing to challenge a retailer on which they are likely to be highly financially dependent. An independent adjudicator to whom suppliers can complain confidentially is therefore essential to enforcing the code.
He asked about how it could help farmers. The adjudicator has a very tightly defined remit. She will enforce the Groceries Supply Code of Practice based strictly on the Competition Commission’s findings that retailers were transferring excessive risk to their direct suppliers. She will therefore not be able to set prices for produce. Similarly, issues arising between farmers and processors will be out of scope. She can only consider interactions between retailers and their direct suppliers. It is important to note that most farmers are not direct suppliers to retailers. Most farm produce tends to be sold to wholesalers, processors or other intermediaries. However, we are confident that by reducing the pressure on direct suppliers the adjudicator will allow them to make longer-term decisions and to increase innovation and investment, which will benefit the entire supply chain including farmers.
My noble friend was also naturally concerned about the prices paid by shoppers when they go to supermarkets, and he said that he would not wish to see the adjudicator’s work leading to increased costs for hard-pressed consumers. I reassure him that the retailers themselves, when giving evidence to the BIS Select Committee, said that the cost of compliance with the code had not led them to raise the prices paid by consumers. Ultimately, this is a pro-consumer measure. The Competition Commission’s 2008 report clearly identified that the supermarket practices that the adjudicator will confront could have a detrimental effect on consumers if left unchecked.
The noble Lord, Lord Myners, raised a question about the financial sector. It was an interesting point, if I may say so. I have a feeling that the financial ombudsman has an important role to play, and I am sure that the noble Lord will make his point again on a perhaps more relevant occasion.
The noble Lord, Lord Knight, essentially raised the issue of a living code. If the adjudicator considers that the code should be changed, then he or she is required by the Bill to make a recommendation to that effect to the Office of Fair Trading. It should be emphasised that this is a narrow duty on the part of the adjudicator. Under the existing provisions of the Enterprise Act, it would then be for the OFT to decide whether to advise the Competition Commission that a variation of the code was appropriate by reason of a change of circumstances. However, these provisions allow for the code to be adapted to changing circumstances in the groceries market to ensure that suppliers are treated fairly.
I hope that that addresses most of the issues raised and I recommend these amendments.
“(5) The review must also consider whether it would be desirable—
(a) for an order to be made under subsection (10A) (if no order under that subsection is in force), or
(b) for any order under that subsection to be revoked.”
Lord De Mauley
My Lords, I beg to move that your Lordships do agree with the Commons in their Amendments 10, 12 and 13. New subsection (10A) enables the Secretary to State to restrict the sources of information that the adjudicator can consider when deciding whether to carry out an investigation. This is a reserved power, and it can be exercised only after a triennial review has been completed.
This is a contingency measure and it was introduced in case the adjudicator becomes overwhelmed by a high volume of complaints of variable quality. She will have only a small office. This provision will enable her office to focus on enforcing the code effectively in the event that there is a flood of complaints. It also acts as a reminder to trade associations to use the adjudicator responsibly and to ensure that they ask the adjudicator to consider only issues that are likely to fall within the scope of the Groceries Supply Code of Practice. We do not think it is likely that trade associations will behave irresponsibly, but it provides an incentive for them to behave well and not to swamp her office.
As set out by my honourable friend the Minister for Employment Relations and Consumer Affairs, we think it is very unlikely that this power will ever be used, and we hope that it will never be necessary. The power could also be invoked only after a triennial review, as I said, and only if that review revealed that poor-quality or irrelevant complaints were affecting the adjudicator’s ability effectively to carry out her functions.
Concerns were none the less raised in the other place about the scope of this power. Government Amendments 10, 12 and 13 were therefore introduced to respond to those concerns by putting additional safeguards in place regarding when the power can be exercised.
Amendment 10 provides that the ability to restrict sources of information should be reversible. The amendment means that if circumstances change so that, for example, it is beneficial to the adjudicator to again allow wider input from trade associations and others, the Secretary of State can revisit his decision at each subsequent triennial review.
Amendment 12 provides that the power can be exercised only if it will make the adjudicator more effective. It cannot be used on a whim.
Amendment 13 makes the power subject to the affirmative rather than the negative procedure. This gives Parliament the opportunity to scrutinise and positively approve the exercise of the power.
I hope your Lordships will agree that these additional safeguards make it clear that sources of information will be restricted by the Secretary of State only if it is felt absolutely necessary to do so.
“( ) A review may consider whether it would be desirable to amend or replace the order for the time being in force under section 9(7).”
Lord De Mauley
Lord De Mauley
My Lords, Amendment 15 removes the privilege amendment passed in your Lordships’ House at Third Reading. I beg to move that the House do agree with the Commons in their Amendment 15.
Horsemeat
Lord De Mauley Excerpts(11 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, the Secretary of State for Environment, Food and Rural Affairs is providing the House with regular reports on the adulteration of processed beef products with horsemeat.
As the House will appreciate, it is not possible to give a running commentary on active investigations. Therefore, for operational reasons, we were unable to inform the House of the Food Standards Agency’s plan to enter the two meat premises in west Wales and west Yorkshire. As part of its audit of all horse abattoirs in the UK and the ongoing investigation into the adulteration of meat products, the FSA gathered intelligence which led to the FSA and police entering the two meat premises and seizing horsemeat. The FSA also seized all paperwork from the two companies and is investigating customer lists. The FSA suspended activities at both plants immediately. The FSA will continue to work closely with the police and, if there is evidence of criminal activity, I will expect the full force of the law to be brought down on anyone involved.
I met retailers and suppliers yesterday and they confirmed that they are on course to provide meaningful results from product testing by tomorrow. The Secretary of State has made a Written Ministerial Statement on the outcome of his successful discussions in Europe yesterday. The co-ordinated control plan proposed by the Commission is a welcome step to address a pan-European problem. The FSA’s most recent tests on the presence of bute in horses slaughtered in the UK checked 206 horse carcasses. Eight have come back positive, three may have entered the food chain in France, and the remaining five have not gone into the food chain.
The FSA is working with French authorities in an attempt to recall the meat from the food chain. I understand that the results of bute testing in the withdrawn Findus products have come back negative. The CMO and the CEO of the FSA will be making a statement on both of these matters later this morning.
Lord De Mauley
My Lords, at the Secretary of State’s suggestion, there was an official meeting with European Agriculture Ministers in Brussels yesterday to make sure that there is co-ordinated action across Europe on the horsemeat issue. Food businesses need to do whatever is necessary to provide assurance to consumers that their products are what they say they are, and we are expecting to see meaningful results from the industry testing by the end of the week. There is no evidence to suggest that there is a food safety risk.
In answer to the noble Lord’s specific question, the FSA issued a four-point plan on 16 January, the day after the Irish released their information. On 7 February, the issue for the UK changed when Findus’s test results showed that there were wrongly labelled products on the UK market. The Secretary of State immediately summoned the retailers to a meeting on 9 February. He is now in The Hague, co-ordinating European efforts to address what is clearly a Europe-wide issue.
As regards bute, the Chief Medical Officer has said:
“Horse meat containing phenylbutazone presents a very low risk to human health. Phenylbutazone, known as bute, is a commonly used medicine in horses. It is also prescribed to some patients who are suffering from a severe form of arthritis. At the levels of bute that have been found, a person would have to eat 500 to 600 burgers a day that are 100% horse meat to get close to consuming a human’s daily dose. And it passes through the system fairly quickly, so it is unlikely to build up in our bodies”.
Lord Higgins
Does my noble friend agree that in the context of this crisis labelling is crucially important? Is it not equally important that the labelling should show the country of origin? Is that not clearly the case with regard to this appalling trade in horsemeat across the European Union where live horses for slaughter may travel hundreds of miles from Poland to Italy to be killed there and labelled as Italian horsemeat?
Lord De Mauley
My noble friend makes a very important point. Labelling is absolutely crucial here. What is in the tin must be declared properly on the label on the tin. I take his point about country of origin, and I will take that back, if I may.
Lord Curry of Kirkharle
My Lords, this is a deeply concerning crisis and potentially could impact on consumer confidence in the products that we produce here in the United Kingdom. I was involved in the 1990s in dealing with the deep concerns about food safety and the various crises that occurred at that time. We set up internal systems of traceability through insurance schemes. This is now known as the red tractor scheme. This crisis has led to a much deeper level of testing being required through DNA. That throws up a real issue around the thresholds to which we are prepared to accept tolerance of DNA testing. If we insist on zero tolerance, then butchers’ shops would have real difficulty in complying. Are the Minister and the department considering levels of tolerance for DNA testing?
Lord De Mauley
That is an important question. The answer is yes. The FSA has advised that 1% is a level of evidence at which it can take action. This is a temporary level as we undertake urgent scientific work to set the most appropriate threshold. This is the level at which the FSA can be confident that the results are reliable for enforcement purposes.
Lord Foulkes of Cumnock
My Lords, what discussions has the department had with the devolved Administrations, and what has been their outcome?
Lord De Mauley
My Lords, there are ongoing, intense discussions with the devolved Administrations, particularly Northern Ireland. It is too early to say what the outcome will be, but the noble Lord can rest assured that we will be in close touch, not only with the devolved Administrations but, of course, with our colleagues all across the EU, as I indicated earlier.
Baroness Parminter
My Lords, I am grateful to the Minister for the Statement outlining the steps that the Government are taking to deal with criminality. There is also the issue of consumer confidence. My noble friend said that he met retailers yesterday to discuss this and there have been other meetings with them. However, it is very disappointing that we have heard nothing publicly from retailers or their organisations to address the big issues of consumer confidence. Will my noble friend remind retailers when they next come to talk to Ministers of the need to do something publicly to promote confidence in high-quality, British, locally sourced meat?
Lord De Mauley
My noble friend makes an extremely important point. We are in constant discussion with retailers. I suspect that they may be somewhat on the back foot at the moment. That might be why they have not done as she wishes. It is important that they are not overconfident. Clearly, there has been some pretty rum business going on. My noble friend is absolutely right that confidence is extremely important and that we must do what we can to bring that confidence back to the market. We will do that by taking the steps we are taking.
Lord Elis-Thomas
My Lords, I know that the Minister understands the importance of involving the European Union, the devolved Administrations and the FSA. I warmly congratulate the FSA on it robust response, but does the Minister agree that the time may well come, when the crisis has been taken past its immediate difficulties, for us to have a review involving the FSA, our European partners and the devolved Administrations to ensure that we have the most effective way of dealing with the international complexity of the food chain?
Lord De Mauley
The noble Lord is absolutely right that what we have to do at the end of this is learn the important lessons. I entirely agree with him on that.
Lord Geddes
Is my noble friend aware of this problem arising elsewhere in the world—in other words, outside the European Union?
Lord De Mauley
That is an interesting question. I am sure that countries in the rest of the world have their own problems. I am not aware of this specific problem arising elsewhere.
Lord Whitty
My Lords, will the Minister give a proper answer to my noble friend Lady Crawley, who after the previous Statement asked whether the cuts in resources for trading standards and the equivalent Meat Hygiene Service had had any effect on the effectiveness of enforcement? Secondly, in his assurances on health, will he assure me that the issue of people who are allergic to live horses has been covered in the possibilities of people being allergic to dead horsemeat? Thirdly, is his Secretary of State—a rabid anti-European—now convinced that European food chain issues can be resolved only by agreement at European level?
Lord De Mauley
That is quite a mouthful, my Lords. On the first point, the FSA oversees a rigorous, risk-based system of checking by local authorities. More than 92,000 tests were carried out in 2011-12. The FSA has assured Ministers that the recent machinery of government changes have not impacted on its surveillance and testing. On the health issue of people being allergic to live horses, I am not aware that this translates into the dead horsemeat arena. I am reliably informed that there are no risks to health unless the meat is contaminated with bute. We covered that issue in connection with the previous Statement. I am amazed at the noble Lord’s suggestion about my right honourable friend’s attitude to Europe. He is in Europe today, discussing the matter with his European colleagues in a very collegiate fashion. The noble Lord can rest assured.
Lord Deben
May I remind my noble friend that we in this Chamber are in Europe? May I also underline the previous comment that this is the moment for the Secretary of State to remind the country that if we want to protect our food chain, we have to do it from within the European Union, playing our proper part in it?
Lord De Mauley
My Lords, I agree with my noble friend that we are in Europe. My right honourable friend is of course in The Hague. Perhaps I should have said, “continental Europe”. He is not only co-operating but leading the way in helping Europe to tackle this problem.
Environmental Permitting (England and Wales) (Amendment) Regulations 2013
Lord De Mauley Excerpts(11 years, 9 months ago)
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Lord De Mauley
That the draft regulations laid before the House on 8 January be approved.
Relevant document: 16th Report from the Joint Committee on Statutory Instruments, considered in Grand Committee on 7 February.
Food: Waste
Lord De Mauley Excerpts(11 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, the waste review sets food waste as a priority, outlining the Government’s commitment to tackle it by focusing on waste prevention. The Government are working through agreements with food retailers, manufacturers and the hospitality sector to reduce food waste. We are helping households waste less and save money through WRAP’s “Love Food, Hate Waste” campaign.
Baroness Jenkin of Kennington
I thank my noble friend for that reply and welcome the improvement in the figure, but the fact is that food waste costs the average household £640 a year, which is a total of £12 billion to the country, and shows that there is much more to be done to help the consumer prevent this waste. Does my noble friend agree that supermarkets have a significant role to play in this area? While, for example, Asda’s promotion of WRAP’s “Love food, Hate Waste” campaign and the recent announcement by Sainsbury’s that its guidance to customers will move from “freeze on day of purchase” to “freeze up to the use-by date” are also to be welcomed, there is very much more they could be doing to support and encourage consumers in this area.
Lord De Mauley
My noble friend is quite right that food waste is costing households a substantial amount of money. She is also right that there is more to be done to help people, and I agree that supermarkets have a significant role to play in this area. The major food retailers have been taking action to reduce food waste through the Courtauld commitment and have helped consumers to save money and waste less through innovations such as resealable salad bags, recipe ideas for leftovers and smaller loaves of bread. WRAP has also been working with food businesses to help them make informed decisions about date labelling, which will help reduce food waste.
Baroness Parminter
Does my noble friend agree that we should place greater value on the food we eat? Will the Government’s Green Food project promote eating less, but better, meat, which could improve consumer health and animal welfare, cut carbon emissions and reduce domestic food waste?
Lord De Mauley
I thank my noble friend for that important and interesting suggestion. I will take it back.
Lord Lea of Crondall
My Lords, does the Minister agree that there might well be a current spike in food waste that could be addressed by more of the waste being taken away by horse and cart?
Lord De Mauley
Very droll, my Lords. I can assure the noble Lord that when products such as those that I think he is referring to are tested, or are part of an ongoing investigation, they will be held securely and when ready to be released the products will be disposed of appropriately. Of course, if it is safe and appropriate for a product to go to anaerobic digestion rather than incineration or landfill, I hope it will. Needless to say, products that are not fit to be sold will not find their way back into the food chain.
Lord Deben
My Lords, I declare an interest as chairman of Vision 20:20, which is concerned to do something about this. Is it not time that we banned this material from landfill? It is seriously dangerous to create methane. Banning it would enable us to insist upon much wider recycling of that which is wasted.
Lord De Mauley
My Lords, we have committed to reviewing the case for restrictions on sending particular materials to landfill over the course of this Parliament, including looking specifically at textiles and biodegradable waste. We are focusing on collecting the evidence. Our experience from working on wood has shown us that a good understanding of the data, waste streams, markets and other issues are vital to making informed decisions. Before making proposals on restricting any particular materials, the Government will need to be content that that is the best-value way of moving material up the waste hierarchy and that the costs to businesses—and, indeed, to the public sector—are affordable.
The Lord Bishop of Worcester
My Lords, does the Minister accept that how we use the earth’s resources appropriately, exploit its potential and treat fellow humans are moral as well as financial issues? Does he accept that extravagant or unnecessary waste of food should challenge us to think, “Who is my neighbour?”, and to answer that question with integrity?
Baroness Gardner of Parkes
My Lords, is the Minister aware that in the supermarkets, the “best before” label apparently means that they are not allowed to sell it after that date. Yet there is quite a period when that food remains good, and this is a great source of waste. Many large establishments give all of that food away to homeless charities and people who come to collect. Are the Government or any of the private enterprises looking into spreading that practice so that people are not wasting food which is still good for some days?
Lord De Mauley
My noble friend raises an important point. “Use by” and “best before” dates help consumers to know what is safe to eat. They are required by law. The “sell by” and “display until” dates, however, are not intended for customers and can confuse them. We have encouraged retailers to remove these from goods or to render them invisible to the human eye. Encouragingly, the WRAP retailer survey 2011 found that new labelling being rolled out by retailers including Marks & Spencer and Sainsbury’s makes it clear that consumers do not have to freeze goods on the day of purchase, but can do so any time up to the “use by” date. A number of supermarkets have also introduced new, larger, single-date label stamps on to products to help consumers make the best use of the food.
Horsemeat and Food Fraud
Lord De Mauley Excerpts(11 years, 9 months ago)
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, with your Lordships’ permission, I will repeat a Statement made today by my right honourable friend the Secretary of State for Environment, Food and Rural Affairs in another place. The Statement is as follows:
“Mr Speaker, I would like to update the House on recent developments on horsemeat and food fraud.
The events we have seen unfold over the past few days in the UK and Europe are completely unacceptable. Consumers need to be confident that food is what it says on the label. It is outrageous that consumers have been buying products labelled beef but which turn out to contain horsemeat. The Government are taking urgent action with the independent Food Standards Agency, industry and European partners.
Let me turn first to the facts. On 15 January, the FSA was notified by the Food Safety Authority of Ireland of the results of its survey of processed beef products on the Irish market. The Irish study identified trace amounts of horse and pig DNA in the majority of the sample, but identified one product, a Tesco burger, where there was evidence of flagrant adulteration with horsemeat. Investigations in Ireland are ongoing.
On 16 January, in order to investigate implications for the UK market, the FSA announced a four-point plan. This included telling implicated food businesses to test their processed beef products. It also included launching a full scientific study of processed beef products on the UK market.
On 31 January, the Prison Service of England and Wales notified the Food Standards Agency that traces of pork DNA had been found in a selection of meat pies labelled as halal. While trace contamination does not necessarily indicate fraudulent activity, any contamination is clearly of concern to faith communities, and the affected products were quarantined and contracts suspended.
On 4 February, the FSA announced that it had tested a consignment of frozen meat that was being stored at Freeza Meats in Northern Ireland for horse DNA. This consignment had been detained by the local authority in October 2012 because of labelling irregularities. The consignment is under the secure control of the local authority. None of this consignment has entered the food chain and so no recall is necessary. As part of the investigation, Newry and Mourne local authority has tested current products from Freeza Meats, and neither horse nor pig DNA has been found in any of these products. The FSA is undertaking a detailed investigation, which includes following the supply chain of Freeza Meats and any other producers that are implicated.
On the evening of 6 February, Findus Foods informed the Food Standards Agency that it had confirmation of horsemeat in frozen beef lasagne products. The lasagne was produced in Luxembourg by a French company, Comigel, with the meat supplied by another French company, Spanghero. The test results were supplied to the FSA on the morning of 7 February. The Food Standards Agency is urgently investigating this in liaison with the French authorities and the police. The FSA has assured me that it currently has no evidence to suggest that the products recalled by Findus represent a food safety risk.
The 7 February announcement that very significant amounts of horsemeat had been found in Findus lasagnes moved this issue from one of trace contamination to one of either gross negligence or criminality.
On 8 February, Aldi withdrew two beef products after its tests found that they contained horsemeat. The products were supplied by the same company, Comigel, that supplied Findus. Asda and Tesco also withdrew products from the same suppliers on a precautionary basis.
Food regulation is an area of European competence. Under the European legal framework, the main responsibility for the safety and authenticity of food lies with those who produce, sell or provide it to the consumer. In the UK, the FSA was set up by the previous Government as an independent agency. I have sought to respect its independence. It leads the operational response. I am here today to update the House on progress with its investigations and on the action that I have been taking with the industry and with European counterparts. I have made clear my expectation that food businesses need to do whatever is necessary to provide assurance to consumers that their products are what they say they are.
The Minister of State and the FSA met food retailers and suppliers on 4 February, and made clear that we expected the food industry to publish the results of its own testing of meat products to provide a clearer public picture of standards in the food chain. In response to the Findus announcement on 7 February, the FSA in addition asked that all producers and retailers test all their processed beef products for the presence of horsemeat.
On Saturday 9 February, I called in the major food retailers, manufacturers and distributors to make clear my expectation that they needed to verify and trace the source of all their processed beef products without delay. At this meeting with the British Retail Consortium, the Food and Drink Federation, the British Meat Processors Association, the Federation of Wholesale Distributors, the Institute of Grocery Distribution and individual retailers, I made clear that I expect to see the following from them: meaningful results from this testing by the end of this week; more testing of products for horse along the supply chain and industry co-operating fully with the FSA on this; publication of industry test results every three months through the FSA; and them letting the FSA know as soon as they become aware of a potential problem in their products. I made it very clear that there needs to be openness and transparency in the system for the benefit of consumers. Retailers and processors need to deliver on these commitments to reassure their customers.
Let me reiterate: the immediate testing of products will be done across the supply chain. This includes suppliers to schools, hospitals and prisons as well as to retailers. The FSA issued advice to public service providers on Sunday 10 February in advance of the working week. I would also like to reiterate that the FSA has assured me that it currently has no evidence to suggest that recalled products represent a food safety risk. The Chief Medical Officer’s advice is that even if bute is found to be present at low levels, there is a very low risk that it would cause any harm to health. People who have bought any Findus beef lasagne products are advised not to eat them and to return them to the shop they bought them from as a precaution.
The ultimate source of these incidents is still being investigated, but it is already clear that we are dealing with Europe-wide supply networks. I am taking action to ensure that there is effective liaison with the European Commission and other member states. I have been in touch with the Irish Minister, Simon Coveney, on several occasions since 28 January. I have spoken to him again twice today and have also spoken to European Commissioner Borg, the French Minister, Stéphane Le Foll, and the Romanian Minister, Daniel Constantin. I emphasised the need for rapid and effective action. I am grateful for the good co-operation that there has already been. I have agreed with Minister Coveney that there will be an urgent meeting of Ministers from the member states affected, with Commissioner Borg. In addition, we agreed that this issue will be on the agenda of the Agriculture Council on 25 February.
At the moment, this appears to be an issue of fraud and mislabelling, but if anything suggests the need for changes to surveillance and enforcement in the UK, we will not hesitate to make those changes. Once we have established the full facts of the current incidents and identified where enforcement action can be taken, we will want to look at the lessons to be learnt from this episode. I will make a further Statement about this in due course.
In conclusion, I want to reiterate that I completely understand why people are so concerned about this issue. It is unacceptable that people have been deceived in this way. There appears to have been criminal activity in an attempt to defraud the consumer. The prime responsibility for dealing with this lies with retailers and food producers, who need to demonstrate that they have taken all necessary actions to ensure the integrity of the food chain in this country. I am in daily contact with the FSA. This week, I will be having further contact with European counterparts and will meet the food industry again, together with the FSA, tomorrow”.
That concludes the Statement.
Lord De Mauley
My Lords, the Secretary of State held an urgent meeting with food businesses on Saturday to get to the bottom of this unacceptable situation. The Government and the FSA insisted that more and tougher testing will take place. The food industry has accepted this, and we expect to see initial results from industry testing by the end of the week. Retailers and industry bodies will now work with the FSA on making checks further down the food chain. They have also agreed to let the FSA know as soon as they become aware of a potential problem in their products. At the moment, there is no evidence to suggest that there is a food safety risk.
The noble Lord asked about the split of responsibilities. By law, retailers are ultimately responsible for ensuring their products’ safety and accurate labelling. However, we join up across government to back this up with nearly 100,000 risk-based checks each year. The front-line testing regime checks that what is in the packet is what it says on the packet and was the same before 2010 as it has been since. There continues to be a rigorous risk-based system of checks by local authorities’ trading standards teams, overseen by the FSA. That is how the testing works.
The noble Lord asked about public sector purchasing, and he is right to do so. Public institutions are within the scope of the UK-specific authenticity sampling programme and, therefore, suppliers of meat products to schools, hospitals and prisons are included in the local authority surveillance programme. In addition, suppliers including caterers to public institutions are part of the extensive testing regime that the Food Standards Agency has established with the food industry, including food service businesses, to reinforce the integrity and confidence of processed beef supplies in Britain. This approach means that we will have an established industry testing approach, with the FSA undertaking additional verification and validation of authenticity, which ensures that industry takes responsibility for providing assurance to consumers, with the FSA providing appropriate oversight.
The noble Lord asked about local authorities and mentioned that results of testing were to come mid-April. My right honourable friend spoke to the chairman of the FSA today, and test results will be announced as soon as they are available, which is what the noble Lord asked for. He asked, too, about police involvement. The FSA is in touch with the police and Europol. We are investigating the food chain at the moment. The police have been informed and will take action if they find that people in this country have been deliberately defrauding consumers. If criminal activity has taken place abroad, the relevant authorities will be notified.
The noble Lord asked about collaboration with our European colleagues. The Statement mentions a certain amount about that. The Secretary of State spoke to EU Commissioner Borg today, and to Ministers in countries including Ireland, France and Romania. There will be meetings at official and ministerial level over the next few days and we will do all we can to assist in tracing sources of the meat in question.
The noble Lord asked about testing of horses killed in abattoirs for bute. Hitherto, under the regime that we inherited from the previous Government, we conducted risk-based testing, backed up by the passporting system. From now on, all horses going to abattoirs are being tested for bute and no horse carcasses can leave an abattoir until they are declared clear.
Lord Clark of Windermere
My Lords, there are clearly various aspects to this problem—the criminality, misleading of the general public and the issue of food safety. The Minister has given us an assurance today that there is no risk to food safety. May I press him on this issue and ask him a question? I understand that the science of veterinary medicine as it might pass on to food consumption for humans is based on minimum residue levels, but there are a number of veterinary medicines that do not subject themselves to that classification, such as phenylbutazone, which he mentioned, and many others. These medicines pose a risk to human health. We have a very elaborate and rigorous system of testing for those medicines, but this problem has emanated, as I understand it, not primarily from the United Kingdom but from other parts of Europe. Do other European countries test horsemeat with the same rigour for veterinary medicines—because that is where the danger is—as we do?
Baroness Trumpington
My Lords, may I ask the Minister whether he remembers or is aware of a debate on 1 May 1991? It concerned a Question from Lord Campbell of Croy, and I as the relevant Minister replied, using a few words written by the then Member for Penrith and The Border. What was his name?
Baroness Trumpington
Absolutely. He said:
“A Scotsman’s belief
Is that mince must be beef.
Imitations bring instant dismissal.
But some people abroad
Will contentedly plod
Through a plate full of horsemeat and gristle”.
Lord De Mauley
I thank my noble friend and point out to her that the occasion of which she speaks occurred no less than 14 years before I arrived in your Lordships’ House.
Lord Elystan-Morgan
My Lords, following the point made by the noble Lord, Lord Clark, does the Minister agree that phenylbutazone is an active carcinogenic agent? If within the next two weeks the FSA is satisfied that there is evidence of such contaminated horsemeat having come into the United Kingdom or, indeed, any other meat that is contaminated by veterinary processes in the way described by the noble Lord, will the Secretary of State ban forthwith all horsemeat products coming to our shores?
Lord De Mauley
My Lords, I share the seriousness with which the noble Lord takes the issue of bute. I have spoken about it at some length. He will know that imposing a ban is no small matter. Indeed, the onus is on the exporting member state to ensure that meat produced on its territory meets animal and public health requirements laid down in EU legislation. We have legislation in place to provide for a ban on imports where there are grounds for suspecting a serious threat to public or animal health. I hope that satisfies the noble Lord.
Baroness Crawley
My Lords, I am certain the Minister would agree that consumers have a right to expect that the food they eat is what it says on the label and that it is legal and safe. As president of Trading Standards, I know that trading standards officers across local authorities are doing all in their power to locate and remove any affected food in the current crisis. However, how does the Minister think it is possible for Trading Standards, working with the FSA and their partners in environmental health, to maintain proper targeted surveillance of the UK-wide food sector when food sampling budgets have been cut by approximately 50% over the past five years—most of it in the past two years—and when Trading Standards has lost 700 officers over the same period in local authority cutbacks? Something has to give.
Lord De Mauley
My Lords, it is right that industry should be responsible for the safety and authenticity of the food it produces and sells, which is why the Government work with it to maintain confidence in the food chain. All systems of standards and quality control depend to a certain extent on self-regulation and due diligence. While the Government have a role in checking and monitoring industry, particularly where there are public health issues, non-regulatory approaches and agreements can be just as effective and can be achieved faster than legislation. This can be seen in our approach over recent days, where government and industry have come together with a joint aim of maintaining consumer confidence in the food chain.
The Lord Bishop of Ripon and Leeds
My Lords, I return to the question of the contamination of halal meat, which got a brief reference in the Statement and has real implications for faith communities and faith relationships. This may not have been a matter of deliberate fraud but it must have been dangerously careless. Can the Minister give us more reassurance on the action taken by the food industry as regards finding non-halal traces in allegedly halal food, including in food supplied by government contracts such as prison suppliers?
Lord De Mauley
My Lords, I agree wholeheartedly with the right reverend Prelate that it is essential that people can have confidence that what they are eating is what it is made out to be. There is responsibility throughout the food chain. Suppliers are responsible for what they supply onwards to other organisations and businesses. We are reminding public bodies of their responsibility for their own food contracts. We expect them to have rigorous procurement procedures in place with reputable suppliers. We expect caterers and suppliers to public institutions to have appropriate controls, including testing and sampling regimes, in place to ensure the authenticity of their products. If caterers have any doubts about the provenance of their product, they should seek assurance from their suppliers.
Lord Forsyth of Drumlean
When I was Secretary of State for Scotland, I had to deal with an E.coli crisis, the BSE crisis and a problem with some radioactive gas being delivered to the Barr’s Irn Bru factory. Therefore, I have considerable sympathy with my right honourable friend in dealing with a food crisis of this kind. Will my noble friend accept our congratulations on the way in which the Secretary of State has handled it and reject the criticisms of the noble Lord, Lord Knight, who I am not sure realises that the chairman of the FSA is one of his colleagues—the noble Lord, Lord Rooker? Between them, the noble Lord, Lord Rooker, the Secretary of State and his colleagues have done an excellent job in balancing the need to give the public information with the need not to destroy businesses. Going back to the BSE crisis, the French unilaterally imposed a ban on Scottish grass-fed beef, which lasted for several years and did enormous damage. My right honourable friend is to be congratulated on not operating in a way that is damaging to the interests of businesses throughout the United Kingdom and, indeed, throughout Europe, while at the same time taking sensible measures which are required to protect the public interest.
Lord De Mauley
My Lords, I will pass on my noble friend’s comments to my right honourable friend.
Lord Harris of Haringey
My Lords, the Minister has repeatedly said that there is no evidence of a threat to food safety, which is obviously welcome news. However, he glossed over an answer to the question asked by my noble friend Lady Crawley. There have been massive reductions in the resources available to local Trading Standards to pursue proper food safety tests. Further, the number of food inspectors has been reduced. This clearly poses a risk. If there is potentially criminal fraudulent activity involving the substitution of one form of meat for another, could there not also be criminal activity involving cavalierly ignoring hygiene regulations or the rules on additives? What assurances can the Minister give us that those matters will be addressed properly in the future?
Lord De Mauley
My Lords, I can assure the noble Lord that the Government take these issues extremely seriously. The FSA has certainly not dropped its guard. As my noble friend Lord Forsyth, said, it has been doing an extremely good job in very difficult circumstances and the Government are supporting it in that. As I explained earlier, the nature of sampling is risk based and focused on protecting consumers. Staff reductions have not affected the level of testing carried out on meat. Meat produced in UK approved slaughterhouses is inspected by official veterinarians and meat inspectors working under their direction. They also ensure that meat hygiene regulations are complied with in abattoirs and meat establishments.
Baroness Miller of Chilthorne Domer
My Lords, does the Minister agree with me that the length of the food chain is part of the problem? For example, in one lasagne you can get four or five sorts of meat from different sources, even if they all comprise beef. There are all sorts of things that people could mistrust, such as salami made from donkey. Labelling is absolutely crucial. If I may say so, checking as much as we can is only ever going to be a case of shutting the door after the horse has bolted.
Lord De Mauley
My Lords, I have a lot of sympathy with much of what my noble friend said. She is right: our supply chains are complicated nowadays but that is how the market has developed and we have to work with that. She is also right that labelling is absolutely key. We must ensure that it is accurate.
Lord Palmer
My Lords, I have been involved in the food chain literally since I could walk, and an awful lot of people outside this Chamber or the other place would not know what bute was. Is it perhaps worth having a tiny statement by the Government telling people what bute is and the fact that it poses a very low risk to human health?
Lord De Mauley
Yes, my Lords. I have spoken at some length on bute, which, as I am sure noble Lords are aware, is a substance administered to horses with evidence of lameness or whatever to enable them to go about their business. The whole purpose of the passporting system is to ensure that a substance such as bute does not get into the food chain.
Baroness Browning
I very much welcome the Government’s recent announcement that proper cookery lessons are to be reintroduced into our schools, and I hope that there will be more home-made lasagnes rather than those that are pre-bought. However, given the fact that a lot of people rely on convenience foods and trust in brands, and if it is established that there is a problem with equine medicines in the food chain, is there an intention to look at foods such as stock, which is a concentrated product that is widely used domestically and commercially? Is any testing being carried out because of the obvious implications beyond those for beef?
Lord De Mauley
My noble friend makes an important point and I agree with her. I can add to my answer to the noble Lord, Lord Palmer. Phenylbutazone, known as bute, is a commonly used veterinary product and is a non-steroidal anti-inflammatory drug. Bute is not approved for use in food-producing animals because it is not known to be safe for human consumption. An animal that has been treated with bute is not permitted to enter the food chain.
Lord Judd
My Lords, is this whole sad saga not an exemplary indication that if we are to look to the well-being of the British people, we must put all our efforts into effectively working together with the people and Governments of Europe to resolve issues that can be resolved only on a basis wider than our own national frontiers?
Lord De Mauley
My Lords, I could not have put it better myself and, as I explained, my right honourable friend has been in touch not only with the European Commissioner today but with Ministers from the various other European member states involved. It is extremely important that we collaborate very closely with them.
Lord Martin of Springburn
My Lords, given that it was our Irish neighbours who notified us of this problem, do they have a better safeguarding system than ours?
Lord De Mauley
My Lords, the Irish were acting on intelligence. They conducted their test and, lo and behold, they found horsemeat. We had not received similar intelligence but I have no doubt that our testing regime is absolutely rigorous.
Viscount Ullswater
My Lords, under European Commission Regulation 504/2008, a vet must record in a horse passport all treatments with veterinary medicinal products, which determines whether a horse can enter the food chain. Are Her Majesty’s Government satisfied that this part of the regulation is being adhered to? The occupier of a slaughterhouse must hand the passport of a slaughtered horse to the vets at the slaughterhouse, who must record the microchip number of the animal, mark the passport accordingly and send it to the issuing authority. Are the Minister and the Government satisfied that that is happening in every case?
Lord De Mauley
My Lords, the appearance is certainly that that is the case, but that matter will be part of the ongoing investigations. Perhaps I may add to my answer to my noble friend Lady Browning on whether we test stock, as in stock cubes. It would be very difficult to test stock cubes because there will be little or no DNA present in them.
Baroness Donaghy
My Lords, can the Minister assure the House that food taken off the supermarket shelves in response to these revelations will not appear in food banks?
The Countess of Mar
My Lords, in many ways, this is a sign of the times. Cheap food means that manufacturers are constantly chasing their bottom line. There is also a surplus of horsemeat on the market because people cannot afford to keep horses. Can we not somehow resolve this problem by putting horsemeat into pet, as opposed to human, food? Can he corroborate or deny a statement made today in the Daily Telegraph that we imported 9,000 tonnes of Mexican horsemeat into this country, and what are its safety implications?
Lord De Mauley
My Lords, what is important is that consumers know what they are buying and that labelling is done properly and honestly. Retailers are responsible for both the safety and the correct labelling of the products that they are selling, which is why government work with industry to maintain confidence in the food chain. All systems of standards and quality control depend to some extent on a certain amount of self-regulation and due diligence. While the Government have a role in checking and monitoring industry, particularly where there are public health issues, non-regulatory approaches and agreements can be just as effective and achieved faster than legislation. This can be seen in our approach over recent days, where the Government and industry have come together with the joint aim of maintaining consumer confidence in the food chain.
Lord Lucas
My Lords, in a city where you can get an extraordinary variety of meats such as crocodile, kangaroo and ostrich—not to mention snails, fish lips and other exotics—does my noble friend not feel that all this fuss about eating a bit of horse is seriously contaminated with bull?
Lord De Mauley
My Lords, I am not sure how to answer that, save to say that I, like my noble friend, enjoy a good variety in my diet.
Environmental Permitting (England and Wales) (Amendment) Regulations 2013
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Lord De Mauley
That the Grand Committee do report to the House that it has considered the Environmental Permitting (England and Wales) (Amendment) Regulations 2013.
Relevant Documents: 16th Report from the Joint Committee on Statutory Instruments
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, these regulations are principally to transpose in England and Wales the industrial emissions directive. It is not a completely new directive. It recasts seven current directives into a single one about regulating emissions from various industrial activities. It therefore provides a welcome simplification of EU legislation.
It also maintains and in some cases clarifies or strengthens the provisions of the component directives. Like the component directives, it aims, through a permitting system, to achieve a high level of protection for the environment taken as a whole. That is consistent with our belief that we need to improve the environment for future generations, make our economy more environmentally sustainable and improve our quality of life and well-being. The directive applies to some 10,000 industrial installations in England and Wales, ranging from power stations to intensive pig farms and from waste incinerators to dry cleaners. Nearly all are already subject to one or more of the component directives.
The directive contains provisions to improve the implementation of current controls on a range of industrial activities where appropriate, particularly through better development and application of best available techniques, known as BAT. The concept of BAT is founded on the need for the techniques to be both technically and economically viable in the industry sector concerned.
The directive includes only relatively small and justifiable additions to the range of industrial installations covered by the directive. Reflecting productive UK input during negotiation, the directive reflects UK practice in respect of risk-based inspections and site monitoring. For the same reason, it also contains important optional time-limited transitional provisions regarding control of emissions from large combustion plants—notably those in the electricity generating sector. These should assist the UK in managing the transition to low-carbon power generation while maintaining security of electricity supplies.
The directive also covers waste incineration plants and a wide range of activities in which volatile organic solvents are used. Its requirements in those respects are virtually unchanged from those in the component directives. In both cases, we have taken the opportunity in England to ensure that only those requirements will be applied.
We also considered whether, for installations subject only to the directive’s controls on solvent emissions, we should take the directive’s option of requiring only registration rather than permitting. Consultation showed little support for that and so we have not done so. However, we continue to explore with the local authority regulators how further simplification can be made in the current permitting requirements and the associated compliance assessment procedures. That exploration will include further review of the case for a registration system. If a case is found, we will further amend the regulations at the first available opportunity.
Another directive derogation allows a single permit to cover several operators. While this may be of use elsewhere in Europe, consultees in England and Wales could see no practical use for it. These regulations therefore do not transpose it but, again, we would amend the regulations if businesses were to demonstrate to us that a single permit for several operators would be of significant practical benefit.
I hope that I have demonstrated that there has been extensive discussion with industry and regulators throughout the negation of the directive and during the preparation of these regulations. Nothing in them should therefore come as any surprise.
The component directives are currently transposed through the Environmental Permitting (England and Wales) Regulations 2010. They transpose not only the component directives but a wide range of other environmental directives in a way that standardises, as far as possible, the mechanics of permitting, compliance assessment and enforcement. The regulations before the Committee therefore amend those regulations so as to transpose the industrial emissions directive. Within that framework, we continue to look for ways in which administrative burdens on operators subject to the directive can be reduced. In particular, regulators continue to develop simplified arrangements for permitting, compliance monitoring, data reporting and charging for permits.
The regulations before the Committee also remove some otiose descriptions of industrial activities which have no foundation in the component directives and they repeal three other statutory instruments which have no current purpose. I therefore commend these regulations to the Committee as providing transposition of a directive in accordance with our EU obligations, simplification of current regulations and protection for the environment.
Lord Knight of Weymouth
My Lords, I am grateful to the Minister for his opening remarks on what are clearly very important though somewhat technical regulations. I am sure that the noble Lord has been sweating under a towel overnight and getting his head around all the detail.
The Opposition obviously support the notion that we should take a set of regulations and try to bring them together under a single overarching regulation. That is good practice. It is something that we sought to do in the past and will seek to do in the future. Certainly, as the impact assessment says, leaving the existing regulations unamended would lead to infraction and the probability of heavy daily fines for failure to transpose. Clearly it is in the public interest that we proceed with these regulations.
I am also extremely happy with the process that the department has adopted of consulting properly on how the transposition is taking place, with a very full impact assessment so that we can transparently see how this all works. As I say, these are quite technical, so the only questions I have may well have answers in the documentation and I just have not been able to resolve them, and perhaps one or two do not have answers in the documentation, and that would be a result as far as I am concerned because then I might have added a bit of value.
Lord De Mauley
I thank the noble Lord for his helpful comments. I shall deal with last question first. I have been given a dictionary definition of “otiose”; it is “of no use”. I hope that is helpful.
Lord Knight of Weymouth
It is extremely helpful. One could argue that my comment was otiose, in which case we become circular. However, that is a clarification.
Lord De Mauley
I would never argue that.
These regulations make the amendments necessary to transpose an EU directive which, in recasting seven into one, is largely a simplification. The alternative would have been yet another set of freestanding regulations obscuring the continuity of the regulatory requirements that the industrial emissions directive requires. Implementation of the directive’s requirements will correspondingly be in continuity with current arrangements for the permitting, inspection and compliance assessment of the installations it covers. For those installations subject to integrated pollution prevention and control, the concept of best available techniques and the consequences for periodic permit review is already well established and should hold no surprises. By definition, best available techniques cannot remain static. By that same definition, they have to be technically and economically viable. It is for industry to contribute the information which, ultimately, only it can provide in order to ensure that conclusions on BAT accord with that definition.
In answer to the noble Lord’s first question, all derogations have been utilised, except for two cases where industry and regulators called strongly to keep the current UK systems in place. The consultation indicated that one derogation that would allow solvent emission activities to be registered rather than permitted might increase the regulatory burden rather than reduce it. Consultees could see no practical benefit in another derogation allowing one permit to cover multiple sites and operators. As I intimated in my opening speech, in both cases we would further amend the regulations to provide the derogation if a need were subsequently demonstrated.
The noble Lord asked when we would publish guidance on the directive. In relation to activities subject to integrated pollution prevention and control, it will be published very soon, in the light of consultation last year. For other activities, it will be published in the course of the next few months, subject to our consideration of the need for, and the form of, guidance from government and regulators.
The noble Lord asked a specific question about costs. The answer is that it refers to the costs additional to the current regulations. He asked how one is to know that the large combustion plant and power station provisions will not erode security of electricity supply. The provisions were negotiated on the basis of significant input from the industry and the Department of Energy and Climate Change. The indications were that the operational flexibilities that we gained would help to prevent a cliff edge developing as plants are retired during this decade.
He asked a question about air quality. The directive addresses pollutant emissions to air from industry and will contribute to maintenance and improvement of air quality, particularly in respect of nitrogen oxides and particulate matter. However, industry is not the only source of these pollutants. In 2010, industry accounted for some 43% of emissions of nitrogen oxides in England, while transport sources accounted for some 45%. For particulate matter, industry accounted for some 31% and transport 27%.
Economic growth is ultimately dependent on a healthy natural environment. The directive is about environmental protection and so is key in this regard. In transposing the directive, these regulations will play a significant part in nurturing that dependency. We look to the regulators to use to the full the proportionate approach that the regulations allow, and we look to industry to respond creatively. We look forward to the growth and further environmental improvement that could result.
Food: Banks
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The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, Ministers meet a wide range of organisations and individuals at locations all over the country. There is no central record of visits to food banks since May 2010 but I can inform noble Lords that, in their official capacities at Defra, my noble friend Lord Taylor of Holbeach and Caroline Spelman both made visits to FareShare in 2011, that my noble friend Lord Taylor and I have both visited FoodCycle, and that I will soon visit FoodCycle again.
Lord Dubs
I am sure that the Minister will agree that the volunteers working in food banks provide an essential support service for people in poverty. Will the Minister comment on the fact that from April there will be savage cuts in the welfare budget, estimated at some £3 billion, which will hit the incomes of the poorest in our society, while at the same time there will be £3 billion-worth of tax handouts for the better off? Do the Government have any contingency plans to provide extra support for the voluntary organisations running food banks so that they will be able to cope with the inevitable extra needs that will be created?
Lord De Mauley
First, I absolutely echo the noble Lord’s welcome for the work done by the volunteers who work in these wonderful charities. We know that families are seeing the price of their weekly shop increase. The impact of food price inflation is a real concern to us. Food prices are affected by global drivers such as world food prices, oil prices and exchange rates. In answer to the noble Lord’s supplementary question, there are several schemes that help people, especially children, get a nutritional diet, including Healthy Start and the school fruit and vegetable scheme.
Baroness Parminter
Will my noble friend outline any plans the Government have to encourage the food industry to divert surplus food to organisations such as FareShare, which help feed local people and contribute to meeting the Government’s target of no food waste going to landfill?
Lord De Mauley
My noble friend asks an apposite question. As I have said, we thoroughly support the work of charities such as FareShare and FoodCycle, which work with the food industry to ensure that surplus food is distributed to people who really need it. Defra Ministers held a round-table meeting with retailers and food charities in July to explore the barriers to food redistribution. They also considered an outline proposal from FareShare and FoodCycle that seeks to make redistribution easier for both charities and retailers. This proposal would build on the partnerships that most major retailers already have with redistribution charities.
Lord Wigley
My Lords, does the Minister accept that an increasing number of people who are in work are resorting to food banks? The CAB has identified this as a result of high interest rates combined with low wages and insecure work. In these circumstances, what will the Government do about introducing a living wage?
Lord De Mauley
My Lords, the noble Lord is absolutely right that we need to help the poorest in our country. That is why, over the past two years, the Government have provided grants of around £2 billion to help freeze council tax; the fuel duty increase that was due to take effect on 1 January was cancelled and the increase planned for 1 April deferred until 1 September; and we have lifted the personal tax allowance and taken 2 million of the lowest-paid people out of tax altogether. It is, of course, why we have the Healthy Start and school fruit and vegetable schemes. It is also good news that on 23 January we learnt that employment is up by 90,000 and that the rate of job growth last year was the fastest since 1989.
Baroness Hollis of Heigham
My Lords, the Minister said that the duty of the Government is indeed, as I am sure we would all agree, to help the poorest in the land. Following the Question of my noble friend Lord Dubs, how does the Minister reconcile that statement with the fact that, from April onwards, some of the poorest families in the land, including something like 1 million children, will lose £40 to £60 per week, over time, from their benefits? What estimate has the Minister made of how many of those families will need to go to food banks in order to survive until they get their payment at the end of the month?
Lord De Mauley
My Lords, with respect to the noble Baroness, we are straying a little from food banks. The difficult economic situation is having an impact on everyone, including workers, who find their wages either being frozen or increasing only by small amounts. The Government have protected poor and vulnerable groups as far as possible while undertaking the urgent task of tackling the fiscal deficit. Work remains the best and most immediate way out of poverty, and we have continued to prioritise providing the best possible work incentives through welfare reform and increasing the personal allowance.
The Lord Bishop of Bath and Wells
My Lords, food banks are usually used in an emergency to stave off hunger. However, there is a risk that people with no other source of food will become reliant on them, including the 60% of those who use them who are already in work. Will Her Majesty’s Government ensure that welfare reform does not leave families more at risk from hunger?
Lord Knight of Weymouth
My Lords, we have heard about the increasing reliance on food banks from a number of noble Lords. We know that a quarter of parents put food back when they get to the checkout in the supermarket because they are struggling with rising prices and falling wages, and that the hereditary poor are increasing again. Will the Minister agree to visit a local food bank with me so that we can thank its volunteers together and ask the recipients whether they are in work and what is their view of benefits reform under this Government?
Lord De Mauley
My Lords, as I said in my initial Answer, I shall shortly be visiting FoodCycle. I agree with much of what the noble Lord says.
Baroness Corston
I note, in passing, that FoodCycle is not a food bank. Would the Minister be interested to know that, during the years of the Major Government, my staff in my former constituency of Bristol East never once received a phone call from anyone in work, in floods of tears, because they could not afford food? I gather that now happens routinely on his watch. Will he please tell us not that he is concerned about poor people who do not have enough food, but what he is going to do about it?
Lord De Mauley
My Lords, in answer to the noble Baroness’s first question, we know that these organisations are part of a complex and community-led response to these issues. There is a range of food aid provision, from very small local provision through to national charities working on the redistribution of food. We welcome the actions of all these organisations working locally in the community to help meet local needs. Of course we are concerned about those who need to turn to charities for food, but we should not suggest that the work of such organisations or the need to help and support the most vulnerable in our society is a recent phenomenon. The use of food banks went up 10-fold under the previous Government.
Forestry
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Lord Greaves
To ask Her Majesty’s Government whether they plan to introduce legislation in this Parliament to establish the Public Forest Estate management body proposed in their response to the Independent Panel on Forestry’s Final Report.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, subject to parliamentary time, the Government will look to introduce legislation at the earliest opportunity in order to establish the new independent body to manage the public forest estate and hold it in trust for the nation. I declare an interest as a woodland owner.
Lord Greaves
My Lords, I hope the whole House will join me when I thank the Government for the good sense in what they call their “refreshed” forestry policy, when I thank the Independent Panel on Forestry, under the excellent chairmanship of the right reverend Prelate the Bishop of Liverpool, and when I congratulate all those people who rallied some two years ago when they felt that their local forests and woods were under threat.
Does the Minister agree that, following the despair and fear there was at that time, there is now hope and expectation about the future of our public forest estate, to be held in trust for ever for the people of this country, and that there is a real enthusiasm for the Government getting on with their new, refreshed forestry policy, certainly during this Parliament?
Lord De Mauley
Yes, my Lords, we are committed to keeping the public forest in public hands, to maintaining and improving public access to our woodlands, and to increasing woodland cover very substantially over the next 50 years. Everyone has a role to play in managing our woodlands better, as well as in increasing woodland cover. Noble Lords will know that all Governments zealously guard the contents of the Queen’s Speech and these are not divulged in advance. What I will say is that the Government fully intend to do this, and to do it expeditiously.
Lord Clark of Windermere
My Lords, I, too, join the noble Lord in thanking the Government for their U-turn on forestry, which is very welcome. But it is incumbent upon us now to make sure that the new architecture is right and fit for purpose. I have my doubts as to whether we will see legislation in this Parliament. Therefore, the Forestry Commission is going to have to ensure that the forest estate is kept in a suitable state for it to be handed over to the new body. Bearing in mind the massive cuts that the Forestry Commission has had of late, will the Minister give me an assurance that there will be no further redundancies and cuts in the budget of the Forestry Commission?
Lord De Mauley
My Lords, what I will do is confirm that we will support the Forestry Commission to the level required to secure the long-term success of it and its successor. This long-term success includes enabling it to become more financially sustainable through the increased generation of trading income. We have put back £3.5 million into the Forestry Commission’s budget next year specifically to make up for the income that would have come from sales of woodland. We have allocated £2 million to the Forestry Commission to recognise additional pressures arising from Chalara and the importance of implementing the commitments in the IPF response. We will continue to provide funding to ensure that the public can access their public forests and woodland over the remainder of the current spending review period.
Baroness Sharples
Does my noble friend not agree that with four bodies already dealing with forestry, one more is really one too many?
Lord De Mauley
My Lords, I do not think we are going to have one more, save that we will effectively split the management of the public forest estate away from what Forest Services does.
Baroness Royall of Blaisdon
My Lords, I, too, welcome the Government’s commitment to keep the public forest estate in public ownership and I salute all those campaigning organisations that did a splendid job in changing the mind of the Government. Like my noble friend, I am concerned about the forest estate as it is now. Recently, Ministers have quietly cut 500 Forestry Commission staff and a quarter of the budget, and the admirable chair of the Forestry Commission has resigned. My noble friend quite rightly asked for an assurance from the Minister that there will be no further cuts in the staff of the Forestry Commission. Will the noble Lord answer that specific question?
Lord De Mauley
My Lords, we recognise concerns about the future funding of the estate. However, we continue to face very challenging financial circumstances, requiring hard choices to be made across the whole public sector. The Forestry Commission and the public forest estate have had to bear their share of the cuts that we have had to make to bring public spending under control. Nevertheless, we want to ensure that the public forest estate can continue to provide a high level of public benefits. We are therefore carefully considering the estate’s financial needs for the long term. In particular, we want to place it on a secure financial footing for the future by enabling it to generate as much income as possible through its commercial activities without having to resort to unsustainable land sales to make ends meet.
Lord Cavendish of Furness
My Lords, like my noble friend, I declare an interest as a forestry owner. Does he agree that the present situation, under which the Forestry Commission is my competitor but also my regulator, is intolerable, and will the new arrangement reverse that situation?
Lord Foulkes of Cumnock
Has the Minister ever experienced any conflict of interest by being both a Defra Minister and a woodland owner?
Lord De Mauley
Yes, my Lords, that it is why forestry is not within my personal policy brief.
Baroness Parminter
Can my noble friend explain why the Government are trying to get rid of tree preservation orders, which was announced as part of the Red Tape Challenge on the same day that they announced their very welcome policy on forestry?
Lord De Mauley
My Lords, as part of the Red Tape Challenge, tree preservation order regulations have been included on the website. We are not saying that we want to get rid of the regulations or protection for trees. It is a chance for the public to tell us which regulations are working, which are not, which should be scrapped, which should be simplified and what can be done differently.
Baroness Farrington of Ribbleton
My Lords, will the Minister please answer in full the question asked by my noble friend Lady Royall?
Crime: Wildlife Crime
Lord De Mauley Excerpts(11 years, 9 months ago)
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Baroness Miller of Chilthorne Domer
To ask Her Majesty’s Government what progress they have made in tackling wildlife crime.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, the Government are committed to the fight against wildlife crime. We have made real progress in recent years, including providing funding for the National Wildlife Crime Unit and introducing civil sanction powers for Natural England to deal with certain illegal activities. Internationally, among other things, we have helped fund Interpol projects, building enforcement capacity to conserve tigers, elephants and rhinos in the countries where they live in the wild.
Baroness Miller of Chilthorne Domer
I thank my noble friend for his Answer. I am sure he is therefore aware of the comments of the CITES Secretary-General, John Scanlon, about the huge increase in poaching of wildlife, especially in Africa, which he feels is going to help fund the insurgencies there. Domestically, in Britain, does my noble friend agree that poaching birds’ eggs, for example, is stealing our children’s inheritance as much as stealing the Crown jewels? What guidance will he give to the new police commissioners to make sure that they realise the seriousness of wildlife crime?
Lord De Mauley
My Lords, first, I am aware that John Scanlon recognises the increasing involvement of organised crime in illegal wildlife trade. He has welcomed the UN Security Council’s call for an investigation into the alleged involvement of the Lord’s Resistance Army in the poaching of African elephants and the smuggling of ivory. Police and crime commissioners will hold their chief constables to account for the totality of their policing, which includes the chief constable working in collaboration with other police forces and agencies to address national issues that impact on their communities. As I have said, we believe that there is often a link between organised wildlife crime and other organised crimes, such as drugs and arms trafficking. We therefore expect the police to take wildlife crime seriously where it is a priority for their communities; co-operation with the NWCU will be key to this.
Lord Clark of Windermere
My Lords, while I commend the Government for their efforts in tackling wildlife crime in this country, is the Minister satisfied with the seriousness with which magistrates’ courts in certain parts of the country take this? Does he appreciate that there is a great deal of public anguish when people who are caught and proved guilty of killing golden eagles or hen harriers get off virtually scot free?
Lord De Mauley
The noble Lord makes a good point. Enforcement is important. The magistrates have taken account of that and issued a document a while ago that specifically addresses that.
Lord Ashdown of Norton-sub-Hamdon
My Lords, I declare an interest as the chairman of a small charity which funds the training of wildlife wardens in east Africa. Is not my noble friend right to say that this is now an international issue? It has an impact on corruption, particularly in east Africa, and perhaps in Kenya especially. It has an impact on insurgency. The right way for us to deal with it internationally is to begin to raise the human capacity of those organisations in Africa which are taking the front line in fighting what is an increasing tide of wildlife crime. Will my noble friend recommend to DfID that it consider specific programmes targeted at raising the human capacity of, for instance, wardens in east Africa?
Lord De Mauley
First, I pay tribute to the work that my noble friend does. The Government support a wide range of action to tackle illegal wildlife trade, including working with other countries, contributing financially to Interpol-led projects which build enforcement capacity in countries where the animals in question live in the wild to conserve tigers, elephants and rhino, funding a post in the CITES secretariat to help to combat wildlife crime and chairing the CITES rhino working group, tasked with investigating the dramatic rise in rhino poaching.
Lord Mackenzie of Framwellgate
My Lords, does the Minister think that opting out of the crime and justice measures of the European Union will assist in the fight against international wildlife crime?
Lord De Mauley
My Lords, for the reasons that I have given, I am confident that the measures in place and the resources that we devote to the matter very well address the specific problem of wildlife crime.
Baroness Fookes
My Lords, I suggest to my noble friend that another way to tackle the matter could be to encourage the use of tourism so that wild animals are an asset, not a liability. That would encourage the local people to care about them.
Lord De Mauley
My noble friend makes an extremely important point. In the past, I have been on safari in those wonderful countries seeing those wonderful animals. The more that tourism is encouraged in those countries, the more that money is brought into those countries, the more people will recognise the value of the wildlife. That will contribute to clamping down on crime.
Lord Lea of Crondall
My Lords, in so far as it is an international wish to prevent the extinction of lions, elephants, et cetera, is it not logical to say that in conjunction with African Governments, who have population pressures—which is why in the localities people are not so keen to do much about this problem—the police forces in those countries need a lot more resource? Would it not be logical to say that there should be international help with that resourcing for the local police forces?
Lord De Mauley
In fairness to many of those countries, their Governments recognise the problem. Some countries are making major efforts. As I said, we are doing quite a lot but we all must do better.
Baroness Smith of Basildon
My Lords, I draw the Minister’s attention to the report of the Environmental Audit Committee which, like the Government, traces the work of the National Wildlife Crime Unit. The problem is that the unit has to stagger from year to year with just one year’s funding allocated each time. If it is to have proper certainty in its investigations, if it is to recruit and retain the best qualified staff and get best value for money, it needs longer-term funding to ensure that it can undertake its work as effectively as possible. Will the Minister consider that?
Lord De Mauley
My Lords, the provision of funding for the year to come is an important step forward, and removes uncertainty in the short term. I ask the noble Baroness to share with me my delight that the NWCU will continue its excellent work. We will discuss future steps with the unit’s co-funders in the coming months.
Lord Elton
Will my noble friend confirm that the Government endorse the view of the charity commissioners that expenditure by charities on pursuing one of their aims through the courts should be proportionate to the demands of their other aims?
Food: Waste
Lord De Mauley Excerpts(11 years, 10 months ago)
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Lord Greaves
To ask Her Majesty’s Government what is their response to the Institute of Mechanical Engineers report Global Food: Waste Not, Want Not.
The Parliamentary Under-Secretary of State, Department for Environment, Food and Rural Affairs (Lord De Mauley)
My Lords, we are grateful for this contribution to the debate on food waste and agree that too much food is wasted. The waste review sets food waste as a priority, giving the Government’s commitment to tackle it by focusing on waste prevention. The Government are working through agreements with food retailers, manufacturers and the hospitality sector to reduce food waste, and we are helping households waste less and save money through the Waste and Resources Action Programme’s “Love Food, Hate Waste” campaign.
Lord Greaves
My Lords, this excellent report highlights the fact that around the world, somewhere between a third and a half of the food that is produced is not eaten. Is that not a shocking example of inefficiency within the capitalist free market system? Is it not time that the Government took the issue far more seriously by getting together with producers, distributors and retailers in this country so that we do not just hope that consumers will behave better, but actually do something about it?
Lord De Mauley
My Lords, my noble friend would not necessarily expect me to agree with every word he has said. Our key tool for diverting waste, particularly food waste, from landfill is the landfill tax. On top of that we have the “Love Food, Hate Waste” campaign aimed at households, the Courthauld commitment, and the Hospitality and Food Service Voluntary Agreement that is operating successfully with retailers, manufacturers and caterers. We have the AD Loan Fund, and WRAP provides evidence and advice on food waste. Under the waste review in which we have committed to move food waste up the hierarchy and away from landfill, with waste prevention a priority, we are exploring incentive arrangements and working with local authorities, businesses and others to make it easier for businesses and households to manage their food waste better.
The Countess of Mar
My Lords, most food waste is generated by households. Does the noble Lord agree that food is too cheap in this country? If it cost the price of production in most cases and thus gave farmers a bit more of a profit, householders—housewives, perhaps—who prepare food would be more careful about wasting it.
Lord De Mauley
My Lords, I would not wish to see anything in the way of increases in food prices for consumers. I think that that would be going too far.
Baroness Jenkin of Kennington
My Lords, what are the Government’s plans for phase 3 of the Courthauld commitment, given that Courthauld 2 expired in December? Will phase 3 learn from the phase 2 target of a 5% reduction in supermarket food waste, which was exceeded after only the second year, indicating that the initial target was somewhat unambitious?
Lord De Mauley
My Lords, the waste review commits us to exploring the potential for a successor to Courthauld 2. The UK Government are working with WRAP and current Courthauld signatories and trade bodies to determine the best way forward following the completion of the second phase of the Courthauld commitment and the agreed outcome will aim to build on the significant progress made so far. As I say, the agreed outcome will build on progress and it is anticipated that we will launch Courthauld 3 in the spring of this year.
Lord Grantchester
My Lords, under the Waste Strategy 2000, the Government have strict targets for recycling household waste. By 2020 the amount of biodegradable municipal waste for landfill must be reduced by 35% of the amount produced in 1995. Do the Government have plans to go further, such as a ban on all food waste to landfill?
Lord De Mauley
No, my Lords. We do not plan to ban all food waste to landfill. However, we are making significant progress and we will continue to make significant progress—building, I may say, in a spirit of friendliness, on progress made by the previous Government.
Baroness Knight of Collingtree
My Lords, do these strictures apply to horse meat?
Lord De Mauley
My Lords, that is a bit wide of the Question. However, on the subject of horse meat, consumers should have confidence that food is exactly what it says on the label. There are strict rules requiring products to be labelled accurately.
Lord McConnell of Glenscorrodale
Surely the most significant impact that could be made here is not through regulation or changing the capitalist system, but by changing the behaviour of consumers. The ridiculous overuse of “best before” dates and the ridiculous dominance of almost perfect-looking potatoes, apples and other forms of vegetables and fruit in our shops, make the most significant contribution to the waste in every home in the country on an everyday basis, at a time when people are starving elsewhere in the world.
Lord De Mauley
I find myself in almost complete agreement with the noble Lord. First, I agree with him that compulsion is not the sensible way forward. On the specific issue of sell-by dates, on 15 September 2011 we published date-marking guidance that will help ensure that dates are applied consistently, making it easier for consumers to understand. “Use by” or “sell by”, labels should be used only where the safety of food cannot be guaranteed after that date. Most other foods should have a “best before” date only to indicate when the food is no longer at its best but is still safe to eat. We are seeing date-marking meet the guidance; for example, more labels are starting to drop the confusing “display until” dates that are only for stock rotation.