DRAFT GENERAL FOOD HYGIENE (AMENDMENT) (EU EXIT) REGULATIONS 2019 DRAFT CONTAMINANTS IN FOOD (AMENDMENT) (EU EXIT) REGULATIONS 2019 DRAFT SPECIFIC FOOD HYGIENE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT GENERAL FOOD LAW (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019

Debate between Caroline Flint and Sharon Hodgson

Tuesday 5th March 2019 General Committees

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

It is indeed a pleasure to serve under your chairmanship this morning, Ms McDonagh; I hope I give you no trouble.

I thank the Minister for providing a summary of these statutory instruments and for his letter in advance of the Committee, which gave me further details about them. As he has heard me say many times before, this is not the first group of no-deal SIs that we have debated. We are just 24 days away from Brexit day and are yet to agree a deal with the EU. I wonder when the Government might start to become concerned about the clock ticking down. I am greatly concerned, and I know that many others across the country are too. We do not have a deal yet, but we are rushing through so many statutory instruments in such a short period of time that it is deeply concerning for accountability and proper scrutiny. As legislators, we have to get it right, and I deeply regret that we have been put in this position by the Government, but here we are again.

The safety of our food is of the utmost importance to our health and wellbeing. We cannot get it wrong; food safety must be protected at all costs. There is also the element of consumer trust. We must not allow that to break down in any event, particularly if there is any relaxation of regulations, which I hope will not happen. I share the Government’s commitment to ensuring no change in the high-level principles underpinning the day-to-day functioning of the food safety and feed safety legal framework. Ensuring continuity for business and public health bodies is important in the interests of the public. As the Minister would expect, I have questions and concerns about these statutory instruments, which I will set out for the Committee.

When food is found to be unsafe for human consumption, we need a quick and effective mechanism to ensure that it is withdrawn from the market. In 2017 alone, the rapid alert system for food and feed issued more than 3,800 “original notifications”, of which 942 were classified as an alert. It is crucial that any food warnings are communicated quickly and effectively. Will the Minister revise the explanatory memorandum for the General Food Law (Amendment etc.) (EU Exit) Regulations 2019 and ensure that alternative arrangements are made to receive food safety warnings that are quick, clear and effective?

As a result of these regulations, the Food Standards Agency will have additional responsibilities in the result of a no-deal Brexit. I am aware of additional funding being made to the FSA, but is the Minister confident that it will have enough funding and staff to take on those additional responsibilities? Will he outline how many additional staff have already been recruited, when they started work and what roles they are currently undertaking? Will the FSA have the ability to work and communicate with European bodies to ensure that information and intelligence is shared?

Regulation 19(c) of the general food law regulations assigns the Secretary of State for Health and Social Care the power to make provisions considered “necessary or expedient”. Will the Minister say whether there will be any oversight over such decisions and whether the Secretary of State will justify any decisions made under those powers in the House?

All the regulations must be easily amendable, if and when necessary, to respond to any emerging threats or changes in safety standards, but I hope that any changes will be justified and overseen by the relevant bodies. What will the arrangements be for collecting data, monitoring the effectiveness of the regulations and regularly reporting? What bodies will be able to scrutinise performance and delivery, and what assessment has been made of their capacity to take on such work?

Concerns were expressed in the public consultation on these statutory instruments about the additional burden on industry and enforcement authorities to communicate changes. Will the Minister reassure me and the Committee that communications with respect to the proposals outlined in these SIs will be delivered with sufficient time to make the necessary preparations to minimise the impact of any changes?

Businesses and food business operators have raised concerns about the lack of information given to them, as well as about their own understanding of the information. Will the Government make their information clear to the public, and if so, when will they do this by? Sufficient transition periods will be required for these statutory instruments. Can the Minister provide some clarity on the transition periods that will be in place to assist businesses and industry in complying with any changes? The explanatory memorandum states that there will be

“an Equivalent Annual Net Direct Cost to Business…of…£600,000.”

Can the Minister explain how those costs will be accrued and by whom, and if they have been communicated to those affected?

Respondents to the consultation on the Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 raised concerns about the cost of changing their labels. Some respondents estimated that that could cost between £200,000 to £500,000. Has the Minister made any assessment of the impact that that could have on businesses?

In the public consultations, local authorities expressed concerns about the need for them to make the required updates to legal references in official documents and online, which will take significant time and effort and will naturally have cost implications for local authorities, which is concerning in the light of budget cuts. Can the Minister confirm whether the Government will fund any additional burdens on local authorities, especially in the event of a no-deal Brexit?

It is estimated that it will take local authorities less than 60 minutes to read and familiarise themselves with the new regulations and to disseminate them to staff and keyholders—they must be able to read a lot faster than me. Is the Minister convinced that that is a realistic assessment?

Is the Minister confident that, from day one of Britain’s exit from the EU, the high standards of food safety will be maintained? Can he explain what implications a no-deal Brexit would have on the future monitoring of food safety standards and legislation in this country? As I have said, the safety of our food is hugely important and we cannot get it wrong.

[Caroline Flint]

Does my hon. Friend agree that if we agree a deal, there will be no change to any of the systems that we currently share and enjoy? Does she also agree that more should be said publicly about how many of the regulations that we enjoy and support in the House—I have sat on many of these Committees—will continue to be in place as we leave the EU?

[Mrs Hodgson]

My hon. Friend is entirely correct.

[Caroline Flint]

Right hon.

[Mrs Hodgson]

I do apologise. If we leave with a deal, all this will have been for naught. We have some of the highest food standards and regulations, and they would continue to exist. That is all the more reason why it is such a disappointment to us all that we are at the eleventh hour and the 58th or 59th minute and we still do not have a deal. I sincerely hope that one is brought before the House next week that a majority of the House can vote for.

Energy Price Freeze

Debate between Caroline Flint and Sharon Hodgson

Wednesday 2nd April 2014 Commons Chamber

[Caroline Flint]

My hon. Friend is right to draw attention to recent Ofgem investigations. In fact, in the past six years I think it has had three major investigations: on supply, the retail market and the wholesale market. It has failed to get to grips with the real problem. We have seen piecemeal changes that are just not having any impact. Even when there were recommendations about the market and how it could be reformed, it did not take them on board. It is only recently that it seems to be waking up to that.

Ultimately, competition will work only if companies are constrained by the fear of losing customers if they increase their prices too much. Consumers will be prepared to engage in the market, to invest their time and effort to secure the best deal, only if they believe the market is fair and if there are proper rules in place to prevent them from being ripped-off. We should be honest, too, that switching cannot be the only metric of a healthy market. There will always be those for whom regular switching is not a reality, either because they do not have the confidence to switch, even in a simplified system, or because they may have the confidence, but are time-poor and seem to spend their whole life switching from one thing to another. A healthy market must be a managed market, and that is why the price freeze is so important.

[Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)]

My hon. Friend the Member for Bristol East (Kerry McCarthy) mentioned Ofgem a moment ago. In its report on energy prices, profits and fuel poverty, the Select Committee said that Ofgem was “failing consumers”, and had not been properly using the powers at its disposal. Last December, the Secretary of State said that Ofgem was “fit for purpose”. Does my hon. Friend agree?

[Caroline Flint]

I agree with the Select Committee, and I do not agree with the Secretary of State. I shall come to the question of why the role of Ofgem has been omitted from the market investigation, because it is a very important part of the future reform of the sector.

As my hon. Friends have pointed out, our motion makes it clear that the price freeze would be only a temporary measure during the reform of the energy market. However, the House should be in no doubt about the fact that the public have heard Labour’s case for reform, and they want change. The companies have heard our case as well. Alistair Phillips-Davies, chief executive of SSE, said last week that the Leader of the Opposition had

“changed the way people look at the energy market”.

That is why, last week, SSE announced not just a price freeze until 2016 but that it would legally separate its supply business from its generation businesses, which is what we had called for. At least two other firms claim that they already operate in that way.

What we cannot have is companies going away—perhaps in an attempt to pre-empt reforms that they know are coming—and leaving the public with six versions of what reform looks like. These reforms need to be consistent, led by the Government, and backed up by proper powers of enforcement. Our Green Paper proposes a number of significant reforms, namely a ring fence between generation and supply, an end to secret trades and self-supply, the introduction of a pool in which all generators and all suppliers can compete openly and on price, new powers to penalise anti-competitive behaviour and protect consumers, new protections for off-grid customers and small businesses—2 million rural customers and millions of businesses will be properly protected for the first time—and simpler and fairer tariffs.