Food: Regulation and Guidance

Baroness Thornton Excerpts

Thursday 7th October 2010 Lords Chamber

[Baroness Thornton]

My Lords, I congratulate my noble friend Lord Whitty on obtaining this important debate and I congratulate all the other speakers. On 30 July 1999, during the winding up of the Second Reading debate on the Food Standards Bill, the late and much loved Lord Carter, the Chief Whip at the time and an enthusiastic farmer and fruit producer, said on behalf of the Government:

“We have had a wide-ranging debate on this Bill and the related issues concerned with the food standards agency. We feel that the Bill represents a major step forward. It shows how the Government are continuing to give public health and the interests of consumers the high priority they deserve. The proposals have from the start been exposed to the fullest scrutiny and comment, despite what some noble Lords have said. We feel that the Bill is now a well developed piece of legislation, with three rounds of consultation having shown what consumers want … The painstaking process of consultation, with two years of hard work by Ministers and officials, have laid the ground for these major changes”.—[Official Report, 30/7/1999; cols. 1819-20.]

I was a bit player at the time and made a speech in that debate as well as participating in debates throughout the passage of the Bill. I mention that because of the contrast with the approach that this Conservative Government have taken in introducing their proposals to change the work of the FSA. Given the number of times that the Minister has chided me over the past few years for what he called a lack of evidence base for the various proposals that the Labour Government brought forward, it is a bit rich and a great contrast to the way that the Secretary of State announced major changes to the FSA and its work. We are entitled to ask: where is the evidence base that food labelling will do better back at Defra, since some will argue that it did not do so well before the creation of the FSA, and where is the evidence base that national policy on nutrition will be improved by putting it in the English and Welsh departments?

On the FSA website, I found a rather sad message. It said:

“If you wish to look at our old content on nutrition you can see it on the National Archive website. Nutrition research reports remain in our research repository”.

I suggest that the Minister visits this website as it is a marvellous library of the evidence of the food-base archive that has underpinned some of the campaigns that the FSA has led in the past 10 years or so, setting targets, as it did, for reductions in salt, sugar and fats in food. In May 2009, the FSA published revised salt-reduction targets for 2012 for 80 categories of food. They are more challenging than the previous targets for 2010. Will they be maintained? I know that the reduction of salt in food is work in progress. Indeed, I have very vivid memories of when I worked for the Co-operative movement when the Food and Drink Federation was violently opposed to any suggestion that government or a government body might interfere or comment on food manufacturers’ right to put pretty much what they liked in our foodstuffs. I am glad to say that they have modified their practices over the intervening years. Perhaps I may suggest that they do not take the proposed reduction in the FSA’s remit in this area as a signal that they can revert back to their bad, unhealthy habits. However, I have to say to your Lordships’ House that, after remarks like those from the Secretary of State when he said that he will scale back public funding for Change4Life and is asking the food industry to fill the gap in return for,

“an expectation of non-regulatory approaches”,

we have a right to be anxious.

I should like to explore a little further the powerful medical health case for salt reduction put forward by the noble Lord, Lord Patel. In 2006, the FSA published the original voluntary salt reduction targets for 85 categories of food as guidance for the food industry. The agency committed to review the target in 2008 to formally assess progress to date and to establish what further reductions were necessary to maintain progress towards a six grams daily intake target, as mentioned by the noble Lord.

The setting of the targets, backed by scientific and nutritional evidence, gave the exercise credibility and led to some serious improvements. For example, salt has been reduced by one-third in pre-packed sliced bread. There has been a 44 per cent reduction in branded breakfast cereals and a reduction of between 16 per cent and 50 per cent in cakes and biscuits. There has been up to a 55 per cent reduction of salt in snacks and crisps, 50 per cent less salt in UK white cheese and a 32 per cent reduction in retail standard cheese slices. I am sure that the noble Earl, Lord Erroll, probably will disapprove of this, but I think that this is great progress and that our food manufacturers should be congratulated. Huge progress is still to be made, but it is a success story. How does the department propose to maintain reductions of salt in food?

As my noble friend Lord Whitty said, it is no exaggeration to say that there is a crisis in children’s diet. The National Diet and Nutrition Survey found that 92 per cent of children consume more saturated fat than is recommended, 86 per cent consume too much sugar, 72 per cent consume too much salt and 96 per cent do not get enough fruit and vegetables. As my noble friend Lord Giddens said, the Chief Medical Officer has compared this to a health time-bomb which we have to diffuse.

The history of the previous Conservative Government in this matter is truly abysmal, so the Minister should not be surprised at the anxiety and scepticism being expressed today. For years, school meals services suffered from neglect and underinvestment with kitchen and canteen facilities in many schools removed or allowed to deteriorate. The previous Conservative Government removed any guidance about nutrition for children’s school meals. Staff were not given proper training to allow them to prepare food from scratch. Their job was reduced to heating up and serving pre-prepared food delivered from large catering firms. Menus in many schools were limited to a regular selection of processed and deep-fried foods, including pizza, chips and the infamous turkey twizzlers. Such options tended to be high in fat, salt and sugar, and contained little fruit and vegetables or other fresh ingredients. Junk food and unhealthy soft drinks were widely available in vending machines and tuck shops.

There is no question that we have Jamie Oliver to thank in part for what happened next, which is why the Secretary of State’s remarks to the BMA on 30 June about Jamie Oliver’s efforts to provide healthy schools were singularly inappropriate. Combining his other utterances on these issues with the facile comments from his colleague, Anne Milton, about obesity and calling people fat instead of obese, creates legitimate concerns about the seriousness that exists within the ministerial team to deliver on this agenda and their willingness to do so.

When the Labour Government established the Schools Food Trust, a non-departmental public body, in 2005, new standards for the type and nutritional quality of school food were introduced in primary and secondary schools. After the success of campaigns, such as the schools food campaign and Jamie Oliver, we need to thank them for their efforts. The new rules for food in schools ensure that school lunches are free from low-quality meat products, fizzy drinks, crisps and chocolate. Deep-fried items are restricted to no more than two portions a week. Schools have also ended the sale of junk food in vending machines and tuck shops, including confectionery, chocolate and fizzy drinks. The School Food Trust now works with schools and vending operators to promote the sale of healthy snacks and drinks such as water, milk, fruit juices and yoghurt drinks. In addition to the school food standards, a series of measures have been put in place to,

“embed the school food revolution for the long term and help tackle childhood obesity”.

This includes investment in healthy ingredients, training kitchens, the entitlement to learn to cook, a specific fund for building kitchens in addition to the £1 billion Building Schools for the Future programme, as well as increasing tendering opportunities for small and local producers. I pay tribute to the work of the trust and ask the Minister how he intends to deliver good health for the nation’s children if the Government withdraw their support.

It is important to look at what third parties have to say about these proposals. The chief executive of Which?, Peter Vicary-Smith, has said:

“The Food Standards Agency has revolutionised the way that food issues are handled in the UK, so we’re pleased today’s announcement ensures it can continue to independently monitor food safety. Unfortunately, some issues that would be best handled by the FSA have been moved to other departments. With these changes the government must ensure the interests of consumers remain at the heart of food policy”.

Tam Fry of the National Obesity Forum has said that it is “crazy” to dismember the FSA:

“It had a hugely important role in improving the quality of foodstuffs in Britain and it was vital to have at the centre of government a body that championed healthy food. This appears just the old Conservative party being the political wing of business”.

Tom MacMillan of the Food Ethics Council has said:

“The agency was set up to earn public trust after a succession of food scares. Its wobbles, like the latest row over GM foods, have come when that commitment has wavered. Any departments absorbing the FSA’s role should heed that lesson carefully, doing even more to invite scrutiny and banish the slightest whiff of secrecy, or the new government could face another BSE”.

Patrick Holden, director of the Soil Association, the organic food standard bearer which had several run-ins with the first chair of the FSA, the noble Lord, Lord Krebs, has said:

“Many NGOs campaigning on food thought for a long time the food industry has an unhealthy degree of influence over the Department of Health, so the great risk is the corporate vested interests of the food industry will have too strong an influence on future policy”.

How will the noble Earl respond to the fact that so many respected organisations are worried about what the future holds? Indeed, his noble friend Lady Miller believes that food regulation needs more teeth, so will his department be delivering on that?

I am grateful to the noble Baroness, Lady Finlay, for her wise words and for reminding the House about Every Child Matters. She underlined the importance of diet for pregnant women. I thank also my noble friend Lord Giddens for his analysis of the separation of food production and consumption. His words filled me with dread at the challenges ahead, and I cannot see how the Government’s proposals will add to the solution. I enjoyed the speech of the noble Earl, Lord Erroll, but I wondered if he had been at the e-numbers recently. My noble friend Lord Rea was right to remind us of the roots of our public health regime, and of how hard vested interests work, but not only for consumers.

In conclusion, the FSA is neither overstaffed nor overresourced, and it has made significant economies over recent years. Will the Minister inform the House how his honourable friend has responded to the letters he received from my noble friend Lord Rooker, the current chair of the FSA, in June and July? The letters are on the public record and are available on the FSA website. My noble friend says:

“The core principles of the FSA are to put the consumer first; making policy in an open and transparent environment; operate independently; and be science and evidence-based. The FSA Board is concerned that these principles, which have served consumers well in the food policy environment since 2000, would be at risk by moving nutrition and dietary health work from a non-political to a political department”.

I could not have put it better myself.