Food Fraud

Baroness McIntosh of Pickering Excerpts
Monday 8th September 2014

(9 years, 8 months ago)

Commons Chamber
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Roger Williams Portrait Roger Williams
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I am sure that the hon. Gentleman will develop his point further when he makes his own speech, and that the Minister will do so as well.

Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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I congratulate my hon. Friend on securing the debate. As he has already pointed out very eloquently, the Government will be setting up—at a very early date—a cross-departmental Committee, which I think will prevent the same thing from happening again.

On Thursday, the Minister did not have time to respond to an important question that goes to the heart of this issue, namely the question of what is happening in regard to traceability and labelling at European Union level. I hope that we shall be able to stay here all evening and hear about that at first hand from him.

Roger Williams Portrait Roger Williams
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As always, the Chairman of the Select Committee has made a very good point. I listened to what she said on “Farming Today”. Was it on Thursday? I cannot remember. When one is up very early in the morning, the days may not be readily identifiable. Anyway, the hon. Lady made the very good point that the real problem with the horsemeat scandal was that we had never identified the point at which the horsemeat entered the food chain. There have been a number of prosecutions, but they have taken place on a very small scale. Whoever perpetrated this fraud on such a large scale is still out there, and is still, perhaps, waiting for an opportunity to commit either the same or a similar crime.

The real problem is that we do not know where that horsemeat came from. Were the animals slaughtered in a registered slaughterhouse? Were they slaughtered in a farm barn? Was the meat properly looked after? As it turned out, there was not, we understand, a very big threat to public health, but that may have been due more to luck than to judgment.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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In order to prevent a Select Committee love-in, may I press my hon. Friend a little further? I think that the key proposal from Professor Elliott is the proposal for a food crime unit, with intervention by the police. However, even a close reading of the Secretary of State’s written statement does not make immediately clear what powers the police will have. Perhaps my hon. Friend has had more time to look into the matter than I have.

Roger Williams Portrait Roger Williams
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I have not, but I was going to mention the establishment of a police crime unit, which I think is essential. This was criminal: laws were broken, and people should face the consequences. I hope that the new unit will ensure that those people are brought to book in future, that they are named and shamed, and that they will not be able to have a role in the food industry again.

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Baroness McIntosh of Pickering Portrait Miss Anne McIntosh (Thirsk and Malton) (Con)
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It is a great pleasure to follow my fellow Committee member, the hon. Member for Poplar and Limehouse (Jim Fitzpatrick). I congratulate him and my hon. Friend the Member for Brecon and Radnorshire (Roger Williams) on their contributions to the debate. Before I begin my speech, I should like to say how sad I was to hear today of the loss of Jim Dobbin. As a microbiologist, he played an important role in the health service and in keeping us all safe. He was a particularly delightful colleague, and I had the pleasure of working with him on the European Scrutiny Committee. Our thoughts are with his friends and family at this very sad time.

My Committee met briefly on Thursday to consider the Elliott report. The Minister also gave a good summing up of the report, and I hope that he will now be able to respond to all our questions. I repeat the request I put to him on Thursday to update the House on the labelling and traceability provisions at European level.

There have been two positive and, I hope, long-lasting developments following the aftermath of the horsemeat scandal. One is that buying meat more locally from butchers and local shops has increased incrementally. That is very welcome and I hope that it will be a lasting trend.

David Simpson Portrait David Simpson (Upper Bann) (DUP)
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I congratulate the hon. Lady on her work on the Committee. I declare an interest in the agri-food sector. Does she agree that, even though it is a good thing to put in all the necessary strategies and traceability mechanisms, if we are going to root out fraud in the food sector—and in any other industry—we need proper deterrents? The perpetrators need to know that they will do time for this. No matter how big a company is, or the reputation that it has had in the past, penalties need to be put in place so that it cannot perpetrate such fraud again. Some people are making millions of pounds out of this.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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I thank the hon. Gentleman for his intervention. My hon. Friend the Member for Brecon and Radnorshire has made a similar point. I believe that the new provisions will address this; the use of the criminal law is important. The fact that the City of London fraud police were invited to carry out the examinations was illuminating, in a sense. They are very skilled in tackling business fraud and paper crime. I shall elaborate on that point later.

The second development, which I hope will be long-lasting following the horsemeat scandal, is the emergence of shorter supply chains. A number of hon. Members have already mentioned the comments of the Food and Drink Federation and the testing that has been carried out. We must not forget the cost of that testing. I hope that the Minister will be able to confirm that such testing will be more regular. I welcome the fact that there will be unannounced testing and auditing of food companies. Will he confirm that the testing will take place not only on the basis of risk assessment?

We can see the lengths to which the retailers are now going from the briefings that they are issuing. We must not forget that they were not necessarily in the best place. One supermarket—a leading household name—had not checked the integrity of its supply chain for months, if not years. That simply cannot be allowed to happen again. The Food and Drink Federation has flagged up certain questions for retailers. It has asked them to identify their key raw materials, asking the simple question, “Where do they come from?” It also asks them to assess how resilient their supply chain is, and how they protect their business from food fraud. This shows just how far the food industry has come.

Like other hon. Members, I was approached by Which? magazine in advance of today’s debate. I took the precaution of contacting my local authorities in North Yorkshire. I am sure it took them time and probably some expense to go through the recent testing, but I have reams of results from North Yorkshire county council, Hambleton district council, Scarborough borough council and Ryedale district council. I say to Which? that it would be helpful to know how extensive its survey was, because such surveys can be alarmist if the message goes out to consumers that our food is in any way unsafe to eat, and we have come on a long journey since the first horsemeat adulteration was found in January 2013. In welcoming this evening’s debate, it is important to accept that the Select Committee has not had the chance to consider collectively the final report and recommendations of Professor Elliott on food security, but it is very welcome that the Secretary of State and the Government have announced that they will accept all the proposals. I am delighted that the two reports on contamination of beef products and on food contamination that the Committee adopted last year form part of this evening’s debate.

Roger Williams Portrait Roger Williams
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One important part of the report is where Professor Elliott says that he anticipates that the Select Committee on Environment, Food and Rural Affairs and the House of Lords Select Committee on Science and Technology will be keeping a watching brief on how the recommendations are put into place.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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Indeed. I wish to record how pleased I am that Professor Elliott has agreed in principle to come to discuss his final report findings with us.

It is a matter of regret that no prosecutions leading to conviction have been brought—one might say that the horse has already bolted.

Jim Cunningham Portrait Mr Jim Cunningham (Coventry South) (Lab)
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I fully support some of the proposals the hon. Lady has mentioned, and I think there should be criminal prosecutions in this area and more inspections. Have there been any more incidents of horsemeat finding its way into the food chain?

Baroness McIntosh of Pickering Portrait Miss McIntosh
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Not to my knowledge, but the Minister will be better placed to answer that. As my hon. Friend the Member for Brecon and Radnorshire said, there have been instances—I believe this was in part of Yorkshire, but, thankfully, not in North Yorkshire—where kebabs and other takeaway foods were found not to have been what they were reported to be; we are talking not about processed food there but about other retail outlets. So we must be ever vigilant and the level of testing must remain high. The point raised earlier is key: consumers must now be at the heart of this process, as Professor Elliott has said and the Government and DEFRA have accepted. However, the second note of regret is that we still do not know at which point the adulteration or contamination, whichever we want to call it—my hon. Friend gave some eloquent definitions—entered into the food chain. This was a multimillion-pound business and, as Professor Elliott concluded, these events crossed 26 out of 28 EU member states, which is why it is so important that we must find out where the adulteration took place. Perhaps we will never know that, but if we do not, how can we say to consumers, in all honesty, that we can prevent it from happening again?

Importantly, Professor Elliott’s interim report identified two weak links—two particularly vulnerable areas—in respect of the horsemeat scandal. The first was slabs of cold meat held in cold storage. The second was raw products, and ingredients of processed foods or processed foods, travelling the long distances that we now know they did. I will be honest and say that I have not had chance to go through Professor Elliott’s report line by line, but it is extremely important that the Minister reassures us this evening on the Europol aspect, where there has been wilful criminal acts. It is also important that he reassures us that the rest of Europe has tightened up its act. This is not just about Europol and Interpol. I go to markets regularly in my constituency—I tend not to go to abattoirs—and if someone were to string up a cow carcase and a horse carcase, I would be hard-pressed, ignorant as I am, to tell the difference between them. Professor Elliott did us a great favour by spelling out in his interim report, and repeating in his final report, the two most vulnerable aspects in this country. I do not think that he was being in any way alarmist, so we must not lose sight of the fact that he did say that we are still vulnerable to such adulteration in future. The purpose of the Which? report is probably to say that the criminals will move on, and they have moved on from the meat, slab or carcase form—the processed form—to other retail outlets selling kebabs and other takeaways.

The Committee’s report and Professor Elliott’s conclusions show the concerns about the reduced capacity for testing, which has been alluded to by the hon. Member for Poplar and Limehouse. The Committee report stressed the need—we took powerful evidence in the Select Committee—for more public analysts to do the testing. The hon. Gentleman made the point well that it must not be the innocent party—the farmers—who should pay for that. Obviously, the closer to home it is produced and the shorter the supply chain, the more confidence we can have in our food and in our meat. I am a meat eater who represents a large livestock producing —meat producing—area. I want to make sure that we have absolute confidence in the production in this country, and I believe it is second to none.

Professor Elliott’s final recommendations are on the national laboratory service and the drawing together of the nine—I believe it is—public laboratory services. He specifically says that public laboratory services need to be protected, that they are in “a fragile position” and that the review should be seen as

“an opportunity to develop a sustainable national asset.”

A lot can be done through DEFRA, the Food and Environment Research Agency, which is in my constituency, and LGC, a major science service company, to develop these centres of excellence—that would be pleasing indeed. He goes on to say that the Government should:

“Work in partnership with Public Health England and local authorities with their own laboratories to consider…options for an integrated shared scientific service around food standards”.

The Minister must grasp that point and reassure us—whether it is the labs, the food analysts or the police—that they will be given a specific target and resources to do that. It is important that the Government address the potentially reduced capacity for testing arising from the stranglehold on local authority budgets. Will the Minister use his good offices to speak to the relevant Minister in the Department for Communities and Local Government to see whether this money for public testing and public analysts could be ring-fenced? That would put a lot of people’s minds at rest. So we need the national laboratory service and we need to ensure that the level of food testing by local authorities remains high. These unannounced audits and tests by the food industry will be a very positive development. Perhaps we need to be reassured again that shorter supply chains are in place and will not be jeopardised in the future.

Briefly, the food crime unit will go to the heart of preventing food adulteration incidents in the future. We need to see real leadership. The fact that the new unit will be placed within the FSA is pleasing. There was some criticism of the FSA in the Pat Troop report and in our own report. It was felt that perhaps the agency needed to co-operate more with local authorities and with other FSAs across the European Union. I hope that the Minister will tell us that that will be a top priority.

The hon. Member for Ogmore (Huw Irranca-Davies) rightly touched on the matter of crisis management. The Government must clarify the roles and responsibilities of the various agencies before another incident occurs—it could be an incident of food safety rather than food adulteration—and ensure that all incidents are regarded as a risk to public health until there is evidence to the contrary. That was in the Troop report in June 2013. Will the Minister assure us tonight that NHS England will make that matter a top priority?

The Secretary of State set out in her written statement that she would like to see the food crime unit set up by the end of the year, which is pleasing. Will the Minister assure the House that the resources will follow the responsibilities and set out who will pay? I was very taken by the two models set out in Professor Elliott’s report. The Danish model was found to be slightly less adequate than the Dutch one, but if we look at the costings on page 138 of the report, we find that they are very high for the Dutch model. The population of Denmark is 5.5 million, and the population of Holland is between 10 million and 11 million Obviously, the costs will increase incrementally; one figure that is mentioned is between £2.8 million and £36 million. Can the Minister explain how those costings have been reached and promise that the money will match the responsibilities? How does he think the money will be raised and who will pay?

Importantly, will the police have the ability to make arrests? Apparently, police in Denmark do not have that power, but they do in Holland. Under the Elliott model, the police will have the powers to swoop and investigate. Presumably, they will then be able to make an arrest. As concerns on that matter have been expressed this evening, it is extremely important that the Minister clarifies whether arrests can be made. Furthermore, will the Minister set up a detailed timetable for implementing the recommendation, confirm that the food crime unit will be in place by December, provide an update on labelling and traceability and tell us whether the police will have the right powers in this regard?

Finally, in November 2012, the Food Safety Authority of Ireland alerted the FSA in England to a potential food adulteration problem, as meat was being sourced from the same suppliers. No testing took place in England until we had the horsemeat adulteration confirmed in January 2013. What reassurance can the Minister give the House tonight that we will not find ourselves in that situation again in a year, two years’ or three years’ time?

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David Heath Portrait Mr Heath
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I did hear that complaint and I must say that what was coming into our ports from outside the EU was a great concern of mine. I do not think sufficient precautions were in place, although they have improved since. Within the EU, although there were theoretical paper trails, when they were examined in the context of the horsemeat scandal they were found to be relatively easy to falsify. That cannot be acceptable and we need co-operation on that between member states.

The paramount responsibility of the Food Standards Agency and of Government is to maintain the safety of food. I do not want anything to be done in terms of the composition that takes away from the primary responsibility of ensuring that when consumers eat something, they are safe from infection or poisoning. That is not to say that composition is unimportant. It gives consumers something other than what they think they have bought. As we have heard, for some communities that is of very great significance, particularly those that have religious requirements about what they eat, but everybody is entitled to be sold what they think they are buying according to the label that the product bears. If people are deliberately setting out to sell something other than that, there is a very simple word for it, and that is fraud. The title of today’s debate is “Food Fraud” and the significant point is the fraud, not the food. It is a crime, and one that needs to be treated as serious. We need the apparatus to ensure that we interdict when it comes into the country and that we ensure prosecution when people involved are in this country.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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I am following my hon. Friend’s elegant words very closely indeed. The Secretary of State when he was the Minister responsible for farms and food, my right hon. Friend the Member for North Shropshire (Mr Paterson), promised that the perpetrators of this crime would be brought to book. It must be a source of great disappointment and regret to my hon. Friend, as it is to me, that no convictions or successful prosecutions have been brought.

David Heath Portrait Mr Heath
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I find it enormously frustrating because, frankly, the then Secretary of State and I did absolutely everything we could to mobilise and energise enforcement agencies across Europe to try to ensure that the problem was traced. I can say now because I am free to do so—the Minister may feel more constrained—that I believe that at the root of this was large-scale, European-based organised crime and that more could and should have been done by other member states to get the bottom of it.

It was a very convoluted story—we know that—and it was not easy, but I felt that having raised the issue very effectively in European Council meetings, obtained the involvement of the Commission and persuaded other member states to take it seriously, there was a palpable feeling once the press and media furore had died down that some member states were suggesting, “Let’s not push it too hard, shall we, chaps? Let’s not remind people that we had a problem and let’s just hope it all goes away.” I do not think that is good enough. I do not think that the UK Government took that view, but I am not convinced that others did not feel that once the storm had passed, it was easier simply to carry on as before. The trouble is that that meant that those people who were making an awful lot of money—we are talking about huge sums across a European nexus—continued to do so, which means that the problem will arise again.

We in this country and manufacturers and retailers across Europe made the situation worse because of the complexity of the supply chain. That has been mentioned time and again, and the more we looked into it, the more extraordinary seemed the number of different hands that some of these products went through across so many jurisdictions in Europe. One only had to look at the price of the finished product and the number of people who were supposedly making a profit to realise that that could not possibly be done in a legal way. Some of our big retailers, which have very sophisticated procurement offices, perhaps had some responsibility to ask more questions. They do now, but they should have been asking at an earlier stage about how so-called beef could travel all the way around Europe only to be sold as eight burgers for less than £1 on a British supermarket shelf. It could not be done legally.

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Julian Sturdy Portrait Julian Sturdy
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I entirely agree with my hon. Friend, who makes the point well. It is important that the Government, of which DEFRA is one Department, lead by example, and I feel that they are doing that.

In the wake of the horsemeat scandal, it was clear that consumers want to see more British food on the shelves of supermarkets. They want to buy more British food and eat more British food, whether they get it through schools and hospitals, or by buying it in their local supermarket and from local producers. Buying British food is important, because animal welfare in our country is second to none. Our farmers are rightly proud of their world-beating record, which sets us apart from other global producers. We must celebrate that. For me, that is a gold standard, which we have to maintain.

I draw the House’s attention to the fantastic but often overlooked red tractor assurance scheme, which was mentioned by the hon. Member for Poplar and Limehouse (Jim Fitzpatrick). The logo, with the Union flag, shows not only that the food was produced in the UK, but that the highest standards of animal welfare, food safety, traceability and environmental management have been rigorously enforced. Almost 90,000 farmers now take part in the scheme, and the retail value of food carrying the logo is now estimated to be more than £12 billion a year. Next week is red tractor week, and I urge everyone to support the scheme where possible. Young people are being asked to become red tractor recruits, to spread the word of high-quality British produce on social media. Sadly, I can no longer claim to be a young person, nor have I ever been an avid tweeter, unlike some other Members, but I hope my contribution will convince some consumers to put British produce into their shopping basket—or to buy local, which we have not touched on yet—

Baroness McIntosh of Pickering Portrait Miss McIntosh
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Yes we have.

Julian Sturdy Portrait Julian Sturdy
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I do apologise—buying local has been talked about already, but it is worth mentioning again. The best form of traceability and quality assurance is to go down to the local butcher, greengrocer or fishmonger and buy local. When we buy local, we know where the food has come from—we can ask the butcher where the meat has come from, even down to the individual farm.

The importance of farming to our economy should not be underestimated. Food production and farming contributes almost £100 billion to the British economy each year, employing almost 4 million people in the process. We can be proud that farming remains a family affair, with 90% of the more than 140,000 registered farming businesses run as sole traders or family partnerships. Food and drink products are now the country’s fourth largest export sector, with sales booming by about 5% a year. Indeed, some of the UK’s most lucrative exports are now from the farming sector, with lamb exports up 8% year on year, cheese exports up 9% and dairy produce up an incredible 18%. Such successes play an important part in creating jobs and fuelling our economic recovery and must be encouraged to continue.

We must also take the necessary steps to safeguard our hard-won reputation of excellence, which could easily be jeopardised by rogue elements operating in an increasingly complex international marketplace. Professor Elliott rightly calls for a zero tolerance approach as one of the pillars of food integrity. I understand that, at the request of the Food Standards Agency, the Sentencing Council is considering whether there is an opportunity to provide fresh guidance on food and hygiene offences. I urge that tough sanctions be brought to bear on anyone who would not only jeopardise the health of British consumers, but cheapen the reputation of the agricultural industry, which farmers have worked so hard to rebuild after the scares of the 1990s.

I welcome the Secretary of State’s response to the report, which recognises not only the value of British farming, but the importance of educating children about quality food. Cookery and food education will be a vital part of the national curriculum, and young children will now enjoy a much better understanding, not only of where their food comes from, but of why it is so important to eat fresh and healthy produce.

I could not let this debate pass without mentioning food security, as it remains a fundamental concern across the country. We are only 68% self-sufficient in food—a level that has, sadly, steadily declined over the past 20 years. Well meaning but poorly implemented schemes such as the common agricultural policy have limited our ability to increase food production in a sustainable way. Our competitive edge in quality and our capacity to increase yields can be promoted only through better understanding of the farming sector and investments in new technology.

It is all too easy to forget that the industrial revolution began with a revolution in Britain’s farming practices, transforming our island nation into the world’s foremost power for more than a century. With such a proud heritage we must remain focused on increasing yields, boosting exports and safeguarding our gold standards in quality produce and animal welfare.

Huw Irranca-Davies Portrait Huw Irranca-Davies (Ogmore) (Lab)
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I congratulate all right hon. and hon. Members who have contributed. We may be few in number, but we have had a very insightful debate with a lot of quality in the speeches, with more to come as well.

The hon. Member for Hexham (Guy Opperman), in response to an intervention, accused me of bringing politics into the debate—heaven forfend! That is my day job; I am a politician. I try to deal with evidence and rationality, but I am also elected democratically and I am a politician. If the hon. Gentleman, who is no longer in his place, does not understand that, I will happily sit down with him over a coffee.

I congratulate the hon. Member for Brecon and Radnorshire (Roger Williams) on introducing the debate. We go back a very long way. He talked about the 2001 election, which was delayed because of foot and mouth. I recall that well, because we were sparring partners, but he was also seeing daily, alongside farmers, the horror of the burning carcases. He has great experience in this area. He reminded us of the importance of Elliott, food fraud, food criminality, traceability and all the aspects of this to the farming community. As many hon. Members have said, those who are often hit really badly are the primary producers—farmers. It is they who get squeezed, whether in price wars or in burdens being laid on them. We need to guard against that.

The hon. Gentleman, like many others, strongly supports the proposals in the Elliott report. As hon. Members will know, I have spent my weekend poring over every line and word of it, as well as other briefings and so on. Professor Elliott makes it crystal clear that not only the eight pillars of food integrity but every detail must hold together. These proposals are not to be cherry-picked; equal effort must be put into every aspect.

During an intervention on the hon. Gentleman, we briefly discussed the FSA’s interim proposals, which some would argue have a different emphasis from the final report. However, it is about more than degrees of emphasis, because the Troop proposals mentioned by the hon. Member for Thirsk and Malton (Miss McIntosh), who chairs the EFRA Committee, among others, expressed a preference for putting these responsibilities into the FSA. Even though this is slightly modified in the report, Elliott makes it clear that if that is not going to be the case, he wants the matter to be pursued in a different way with equal rigour and clarity. Let us see how it emerges.

My hon. Friend the Member for Poplar and Limehouse (Jim Fitzpatrick) has great experience in these matters. I served alongside him when he was the Minister responsible for food, farming and agriculture. He brought a great deal of experience to bear, as he always does in these debates. He talked about not having the full impact of this falling on farming communities. He discussed, as did others, including the hon. Member for York Outer (Julian Sturdy), the importance of the red tractor assurance scheme. That is an important element of some of the briefings from the National Farmers Union, the Food and Drink Federation, and Which? magazine—I am sorry, not Which? magazine but Which? the consumers association. It used to be a magazine when I was a young man but now it is far more than that.

My hon. Friend said that Elliott is proposing not to increase burdens but to reduce the burdens on the good guys and put the burdens on to the bad guys and the criminals. He talked about the importance of a strategic laboratory service, which is crucial. He asked whether the resources were sufficient for this very wide-ranging set of proposals to do Elliott justice. He referred to the machinery of government changes in the FSA. Like many Members, he queried why prosecutions are so few and far between and often do not go after the big fish in the pond.

The hon. Member for Thirsk and Malton has a great deal of experience in this area. I commend not only her speech but the work that the EFRA Committee has done over time on putting a spotlight on to this issue with considerable detail and forensic analysis. She opened her remarks by paying tribute to a friend of all of us right across the House—the late Jim Dobbin. We are all very sad and our thoughts are with his family. One of his great causes related to DEFRA—open access and the right to roam. There is nothing more political than putting one foot in front of the other and walking out into the countryside. He was a great believer in that. In fact, I have a debate about such matters on Wednesday afternoon in Westminster Hall, and anybody who wants to can come and take part.

The hon. Lady talked about the desirability of shorter supply chains. A lot of the retailers have “got” that now, but we have to keep the pressure on. On the day of the National Farmers Union conference a year ago, one retailer—I will not name it for fear of embarrassment but it knows who it is—took out full-page adverts with a big banner headline saying, “We get it”, that talked about how it would transform its business. I have met it subsequently, and it is trying to do that. It is our biggest supermarket chain. A lot of farmers are now watching for it to carry that through relentlessly.

In an intervention on the hon. Member for Upper Bann (David Simpson), the hon. Lady talked about penalties, which the hon. Member for York Outer also mentioned. We need to consider not only what the Sentencing Council is doing, and stronger penalties, but broader penalties so that some of these cases do not have to end up in court. That could be to do with naming and shaming, but there might be McCrory-style types of penalties that deal in the right way with relatively minor offences early on and deal in a heavy-duty way with the big offenders as well.

It was asked whether more incidents have taken place post-horsemeat. It is interesting to refer to the very good House of Commons Library briefing, which draws on Elliott’s observation that in 2007 there were 49 reports of food fraud to the FSA’s food fraud database, while in 2013 it received 1,538 reports. According to the National Audit Office, local authorities reported 1,380 cases of food fraud in 2012, up by two thirds since 2010. That is the scale of what we are looking at. That emphasises the importance of local authority intelligence, which a few hon. Members mentioned, and of how this ties together. It will not all be carried out by serious crime people; local information on the ground will open it out.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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As I hope the hon. Gentleman will confirm, there is not sufficient intelligence. A lot of the testing is done purely on the basis of risk assessment. The key is not just the food crime unit but the fact that there will be spot checks—unannounced audits. Surely that has to be a good thing.

Huw Irranca-Davies Portrait Huw Irranca-Davies
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I could not agree more. I hope that the Minister will also say that that is the way forward. It is not only about routine checks or risk assessment-based checks but turning up unannounced.

The hon. Lady rightly made a point about Troop and the FSA leadership, and clarity of roles. She also talked about the police’s powers of arrest, and I will be interested in the Minister’s response to that.

The hon. Member for Somerton and Frome (Mr Heath), a former Minister in the Department who also has great experience, discussed the importance of cultural change, which is crucial. He rightly talked about the importance of driving this through every area, including catering. It has to go deep into every individual sector and employee as well as the bosses and the leadership. The importance of caterers was brought home in the horsemeat scandal, because horsemeat was appearing not only in hospitals and schools but in the food used by caterers who were supplying Royal Ascot and the royal family—so at least we were all in it together.

On the complexity of the supply chain, Elliott says that we have to recognise that, even though it is more desirable to have shorter supply chains and to encourage food retailers and providers to move towards them, we are in a global system, under which global intelligence and the pursuit of crime come into play. He also says, wisely, that ultimately the food price wars that take place from time to time, including now, are not good for the consumer if they jeopardise food authenticity or—heaven help us—food safety.

The hon. Member for York Outer spoke up strongly for British farming and food produce. He talked about the gold standard of British farming and I agree with him. Curiously, when we were on the Government Benches, others would shout at us about gold-plating, but that is exactly the gold standard he was talking about. That is the reason our exports to many other countries are doing well—they demand the standards of animal welfare, hygiene and testing that this country delivers. Regulation is a darn good thing when it protects the consumer and allows us to export around the world. Curiously, the FSA has traditionally been looked on as the gold standard of food regulation.

The hon. Gentleman also talked wisely about the importance of knowing where our food actually comes from. There is a great deal of work to do on that right across the population, ourselves included. There is real value in knowing where food comes from; it ties into so many good things.

The Labour party is very clear—as we were when we were in government—that the consumer has always to be put first. That is why, when in government, we established a strong and independent Food Standards Agency, which had a powerful reach right across Government to regulate this vital industry that creates so many jobs and that wants the very highest standards. However, the changes brought about by tinkering with the machinery of government have jeopardised that.

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Huw Irranca-Davies Portrait Huw Irranca-Davies
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After the horsemeat scandal erupted in February 2013, the National Audit Office looked at the contributory factors to any delay or confusion. One of the things it pointed fairly and squarely at was the confusion about who was doing what. It pointed the finger at the machinery of government changes. The hon. Gentleman, who was a Minister, may be saying that he was not confused, but there was certainly confusion between local government and Whitehall, as well as within Whitehall, as to who was doing what. I agree with Troop and with Elliott’s interim findings that it should be put back together again, but we will have to differ on that. The question for the Government is: can they make this work if they are not going to do that?

One of our criticisms relates to the fact that just before we left government in 2010 we published what was at the time a ground-breaking, comprehensive food strategy, “Food 2030”, which followed on from our previous work on “Food Matters”. It mapped out a comprehensive and long-term strategy to ensure the provision of safe, nutritious, affordable and sustainable food, but it has been left on the shelf. Where is this Government’s overarching strategy to pull everything together? The answer is: there isn’t one.

Labour welcomes and supports fully all the Elliott report’s recommendations, and we will continue to urge the Government for full and speedy implementation. Professor Elliott sets out a new Government-industry partnership, some aspects of which will require a culture change in Government and in industry. He makes sound recommendations for a new food crime unit and a whole framework for national food crime prevention, encompassing Government, the FSA and industry. He calls for—it is interesting that he deals not just with the mechanics—a new mentality to meet the challenges of sourcing from complex international supply chains, and a zero-tolerance approach to food crime. He also fashions detailed proposals on whistleblowing, intelligence-gathering and co-ordinated laboratory and testing services, and stresses the need for leadership at all levels, including in Government. Most of all, he stresses—he puts this top and dead centre—the need to put the consumer first, and we agree.

Labour supports the report and all its recommendations. We believe that the industry is ready to drive the culture changes that Elliott demands and that the consumer and the public deserve. I say to the Minister, however, that we have reservations: we do not have the same confidence that the Government are serious about these changes.

Make no mistake: the Elliott report is not only a series of sound recommendations, but is an expert analysis and critique of the coalition Government’s policy on food governance and food crime. Since 2010 under this coalition Government we have seen the fragmentation of food governance; an ideological fetishism for stripping out regulation for the sake of it, whether that regulation is good for the consumer and industry or not; and front-line cutbacks in inspection at national and local level and in food-testing capabilities.

The Government have also been asleep at the wheel, reacting only when disaster happens, realising too late that cutting the brake cables and unscrewing the steering column was not a good idea. In 2010, one of this Government’s first actions was to split the responsibilities of the FSA, an agency that was, as I have said, previously regarded as the gold standard of consumer protection and industry regulation. It was deliberately fractured, which hampered clarity and leadership in food governance in the UK. It is not just me saying that; others are saying it, too.

The horsemeat scandal was the slow-motion car crash that showed how crazy that decision was. The NAO stated that when a prompt response was required to the breaking horsemeat scandal, there was confusion between, and lack of leadership in, Whitehall Departments and confusion between Whitehall and local government.

Similar, repeated concerns about the mishandling of the FSA and food governance have been raised for some time by the EFRA Committee and many other industry and food policy experts. Labour raised those concerns from the word go.

The interim Elliott report made it clear that the FSA responsibilities should be brought back together. That would deal with the NAO view that fragmentation had led to needless confusion and additional complexity. The final report has stepped back slightly, but it is still commendably forthright on the need to put rigour and reach back into the FSA.

On that and many other issues, the report carries implicit and sometimes explicit criticisms of this Government’s approach to food policy and food crime. It calls for a more robust FSA, retaining its independence, and for far greater co-ordination, which has been lacking, across government and industry. It highlights the absence of high-level round-table meetings between the chair of the FSA and the Secretaries of State for Health and for Environment, Food and Rural Affairs, which seems to me to be a shocking omission and a glaring fault bearing in mind the fragmentation of responsibilities since 2010.

The report cites evidence from recent local authority testing that appears to show high levels of failure, particularly in meat authenticity testing, which possibly indicates fraud or the criminal adulteration of food. That is deeply worrying when set against a near halving in the number of DEFRA officials working on food authenticity since 2010, as revealed by an answer given to me by the Minister in July. It is even more worrying in the light of the immense pressures on local authorities, which have led to severe cutbacks in local food inspections.

Professor Elliott does not pull any punches. He states on page 49 of his report:

“Enforcement activity is…very vulnerable when local authority services are cut to the bone.”

He also draws attention to the average 27% reduction in the number of trading standards officers dealing with food matters, and to the 40% cut in overall trading standards services during the lifetime of this Government. Concerns for consumer protection and for the reputation of the industry are heightened when, as Elliott notes, the number of public analyst laboratories has been reduced from 10 in 2010 to six today. I simply say to the Minister that he has his work cut out if he is to explain how, against the background of cuts in front-line FSA inspection, front-line local authority inspection and laboratory facilities, he can do what Elliott asks and put the consumer first.

Given that we are now four and a half years into this Government, the Minister must explain why the UK has been behind the curve and behind European counterparts in establishing a food crime unit. That led Elliott to note that the Dutch crime unit could find no one in the UK—whether in a crime unit or anywhere else—to speak to when the horsemeat scandal happened. Had the Government’s reluctance to place any burdens on industry given them an aversion to being proactive in such a way? Had Ministers looked at the threat of food adulteration and food crime since taking office? I understand that the Minister was not in office for the whole of that time, but I am sure that he has discussed it with his officials.

One month after the horsemeat scandal erupted, a survey by the consumer organisation Which? found that six in 10 shoppers had changed their shopping habits, and that trust had fallen by a quarter. A year after the scandal, an Ipsos MORI survey showed that 95% of consumers remembered the horsemeat scandal. As has already been mentioned, the latest polling by Which? has shown this month that 55% of people are worried that a food fraud incident will happen again, that a third of them do not have confidence that the food they buy contains what it says on the label—by the way, that goes up to half for people who have takeaways on a Saturday night—and a quarter maintain that they have changed the type of meat they buy. Seven out of 10 consumers have told Which? that more action needs to be taken. The damage is lasting, so we need to get this right.

Let me ask the Minister some initial questions; in the months to come, we will return with more. As the hon. Member for Thirsk and Malton suggested, will the Minister publish a detailed timetable for the implementation of every recommendation in the Elliott review so that the Government’s warm words can be measured against actual implementation? Will he give assurances that the resources for the new crime unit and the crime framework to go with it can be found from within existing FSA funding?

Will the Minister now apologise on behalf of the Government for the decision to fragment the responsibilities of the FSA, or does he continue to ignore the argument that that decision damaged its power, authority and independence? Does he accept the Elliott proposal that the FSA should continue as a non-ministerial department so as to retain its necessary independence from the Government? How does he answer critics who believe that the FSA has gone beyond the necessary close co-operation with the industry and is now too close to the industry to be a useful and critical friend? The recent decision not to publish campylobacter rates is one such example.

Bearing in mind the need for a more robust and rigorous FSA based on the report’s proposals and the need for the FSA to have the effective and independent leadership identified by the Elliott report, will the Minister give us an update on the search for a new chair? Will he confirm that the person shortly to be proposed as chair will appear before the Environment, Food and Rural Affairs Committee before final confirmation in post?

Baroness McIntosh of Pickering Portrait Miss McIntosh
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indicated assent.

Huw Irranca-Davies Portrait Huw Irranca-Davies
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They will, which is great.

What other foodstuffs are of primary concern for authenticity fraud, and which are on the priorities list for criminal activity at present? How will the Minister guarantee that the high number of authenticity failures can be identified now and in future against the backdrop of cuts in the front-line services involved in food authenticity? As so many hon. Members have asked, 18 months after the horsemeat scandal erupted, why have prosecutions been so few and far between? Does he share the public’s frustration that criminals appear to be getting away with messing with their food?

Elliott repeatedly argues for improved co-operation on an international and especially a European level to tackle food crime and fraud. Does the Minister expect us to believe that the Government’s general approach to European co-operation and the specific Tory proposals to opt out of 130 areas of European policing and justice measures will help the fight against international food crime? If so, has he done an impact assessment of those proposals? Will he support calls for an urgent review of criminal, financial and other penalties to toughen and widen the measures against rogues and criminals, and to protect the many good food businesses? Finally—for now—will he guarantee consumers and the industry that another horsemeat scandal or the like will not happen in the short time left of this Government?

Let me end by saying that this Government have their work cut out to persuade the industry and consumers that they are serious about tackling food crime and fraud because, as they say in police dramas, this Government have got “previous”. Their track record of delay and dither when facing a crisis, their ideological aversion to effective regulation and their wholesale absence of leadership and strategic thinking on food mean that they are in the dock as a serial offender. We urge the Government to get serious about food crime, food governance and food strategy. We will support them if they drive through all the recommendations with the rigour they deserve, because consumers and this vital UK industry deserve no less.

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George Eustice Portrait George Eustice
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The FSA manages and monitors the work of local authorities, but one of Professor Elliott’s recommendations is that we should have a new committee on food integrity and food fraud. I will chair that committee, and it will be attended by my colleagues and a Minister from the Department of Health. We will discuss those issues and monitor the situation to which the hon. Gentleman alludes.

Let me mention some of the other points that Members have raised. Sanctions were mentioned, and it is important to note that the maximum penalty is already 10 years. Sentences are ultimately a matter for the courts and the Ministry of Justice, but 10 years is quite a significant sentence. A number of Members asked why we have been so slow to get prosecutions, but as many will know, the City of London police are leading the investigation. There have been five arrests and two prosecutions, which are currently going through the courts. Hon. Members will understand that it is not appropriate for me to comment on ongoing legal cases, but we should recognise that the City of London police have faced challenges as they have had to engage with many different police forces across the European Union to bring prosecutions together, which has taken some time.

My hon. Friend the Member for Thirsk and Malton raised the issue of labelling in the European Union. From April next year we will introduce improved country of origin labelling measures for pork, lamb and goat. In future—just as has been the case for beef for the last decade or so—pigs and sheep must be reared and slaughtered in the country that claims to be the country of origin. That is similar to the situation that pertains for beef production. On traceability, provisions have been in place for more than 12 years, and EC regulation 178/2002 requires all member states to establish a means of monitoring where the food has come from at every stage of production. That legal requirement is enforced by the FSA in this country and by other member states.

My hon. Friend made the good point—my hon. Friend the Member for York Outer also alluded to this—that however good the traceability and labelling systems in place, a long supply chain is not conducive to eliminating food fraud. It is important for retailers to look at their supply chains and try to shorten them. It is also encouraging that many consumers have taken more interest in where their food comes from, and we need both consumers and retailers to take a little more interest.

Baroness McIntosh of Pickering Portrait Miss McIntosh
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I am grateful to the Minister for giving way because he did not have the chance to reply to this point last Thursday. Will the police have powers of arrest? We will not be rushed by future business, Madam Deputy Speaker. We need to know whether the police will have powers of arrest, and who will pick up the bill for the additional costs of the food crime unit.

George Eustice Portrait George Eustice
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The key point is that the new food crime unit will have investigative powers, and it is envisaged that people from the National Crime Agency in the police force will be seconded to that unit. As my hon. Friend knows, the police always have powers of arrest—indeed, they have arrested people in this current investigation. The new food crime unit will be properly linked to the police force so that it has those powers.

Finally, let me turn to lab capacity. Professor Elliott raises a specific concern about whether there is consistency between existing private labs and their approach to testing. As a result, we accept his recommendation and have asked the analytical methods working group—an advisory panel to the Government—to consider that issue and ensure consistency. We had no lack of lab capacity in the crisis last year. In fact, our excellent laboratories at the Food and Environment Research Agency in York were on stand-by if they were needed, although in the event they were not. Private labs like LCG, which I will visit tomorrow, led on most of that work. My hon. Friend also mentioned the Danish model and expressed a view—perhaps because she has Danish roots—that it is better than the Dutch model. When it comes to the food crime unit, it is difficult to compare the Danish or the Dutch model with what we have in the UK because we have some 2,500 trading standards officers in local authorities, who are an integral part of our protection in that area.

It is perhaps fitting to conclude where my hon. Friend the Member for York Outer ended his remarks, and with Professor Elliott’s conclusion that we have some of the safest food in the world. I completely agree with him that we should protect the reputation of our hard-working farmers. The Government have introduced a new Government procurement plan which, as my hon. Friend the Member for Richmond Park (Zac Goldsmith) pointed out, will encourage greater sourcing of local food. We are also working to encourage more schools to take a greater interest in and promote food and an appreciation of food in the curriculum. I thank all hon. Members for their contributions to the discussion. We have covered many detailed issues, and I again congratulate the hon. Member for Brecon and Radnorshire on securing the debate.