Food Contamination

Dan Rogerson Excerpts

Thursday 17th October 2013 Westminster Hall

[Huw Irranca-Davies (Ogmore) (Lab)]

It is a delight to be here, as always. I congratulate the hon. Member for Thirsk and Malton (Miss McIntosh) and all her Committee members on securing this debate and on the sterling work that they have put in throughout this year. As a critical friend of the industry and of Government, they have scrutinised the causes and effects of and response to the food contamination scandal in a frank and honest way.

It is a great pleasure to follow the contributions from the hon. Members for Brecon and Radnorshire (Roger Williams) and for Tiverton and Honiton (Neil Parish). They have great experience in terms of their personal backgrounds and in terms of Select Committees. The hon. Member for Tiverton and Honiton made the point that we got away with it. That is the point that we want to focus on. It is not adequate to say that we got away with it. We need to ensure that, within the realms of all the identifiable risks that we can think of, we do not simply get away with it again. We need to put the right things in place to avoid it happening again. As has rightly been pointed out, fortunately there was not a major public safety scare, although there could have been. This was an issue of provenance. We need a fleet-footed response from all the agencies and Government and everybody else.

I also welcome to his new position as Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for Camborne and Redruth—

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dan Rogerson)]

indicated dissent.

[Huw Irranca-Davies]

My apologies. I was expecting to see the other new Minister. I welcome the Under-Secretary of State for Environment, Food and Rural Affairs, the hon. Member for North Cornwall (Dan Rogerson). It is a great position and a great Department. I am sure he will do a wonderful job. I am beginning to think that DEFRA Ministers have taken against me as they keep disappearing in front of me. His previous role as a member of the Environment, Food and Rural Affairs Committee stands him in good stead. As I draw on evidence and recommendations from the Committee’s two reports, I am conscious that he is a collective author of those words, findings and recommendations.

[Dan Rogerson]

One of the reports.

[Huw Irranca-Davies]

The Minister is a collective author of one of the reports, and there is no way in which he would seek, for whatever reason—under pressure from officials or his Secretary of State, or the lure of the red box or the trappings of a Minister—to resile from the positions that he laid out so very recently. He is a good and honourable man and will stand by his words.

This is a timely debate to look back at the lessons learnt to try to avoid repeating the same mistakes and to return confidence to an industry that was shaken badly. To put it bluntly, consumers were tricked, deceived and defrauded by criminals operating within or alongside the food chain. It is the same food supply chain that we trust to supply safe, nutritious, affordable food and drink to our household tables, our schools and hospitals, and our care homes and cafeterias. That supply chain betrayed us—nothing less. It would be wrong, particularly while criminal investigations are ongoing, to delve too deeply into specific companies and individuals. I think the public and consumer organisations will be rightly outraged if the criminals who infiltrated the supply chain are not brought to book. If complicity or duplicity is identified within the supply chain itself, those companies and individuals should also be brought to book.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Dan Rogerson)]

It is a pleasure, Mrs Osborne, to serve under your chairmanship and to stand here as both a Minister and a member of the Select Committee—at least in name, if not in application. The House will remove me from the Committee in due course.

Before I get on to substantive matters, let me say that it has been an absolute pleasure and an honour to serve on that Committee for more than eight years, under the excellent chairmanship of the hon. Member for Thirsk and Malton (Miss McIntosh) and also of Michael Jack, who did fine work as Chair of the Committee in the previous Parliament. It is also a pleasure to follow all those who spoke in this debate; they spoke with passion and brought insight. I may not agree with all the conclusions that the hon. Member for Ogmore (Huw Irranca-Davies) has drawn, but I pay tribute none the less to his experience and the care that he has taken in preparing for this debate. As he knows, I have family roots in his constituency, so it is always a pleasure to hear from him.

I am grateful to the Chair of the Select Committee and colleagues for securing this debate, so that we can explore this issue in some depth. As highlighted, the incident has been the subject of a number of reviews and reports, which reflects the level of public concern and the fact that it is essential that consumers have confidence in the food that they buy or are served.

Food fraud is completely unacceptable, and that is what we are dealing with here. Consumers have every right to expect food to be correctly described. It is up to the whole food supply chain to ensure that such an incident does not happen again. As the Committee’s report says, industry’s assurance measures and the action that it takes to ensure the traceability of products are key to a sustainable food chain.

As the Committee is aware, the industry is taking its own steps to build consumer confidence. Although the Government should not be closely supervising the industry or limiting its ability to react to market signals, they do have a role in helping to restore consumer confidence and in enforcing EU law.

To help restore consumer confidence, the Government have encouraged industry to continue to give high priority to the testing of processed meat products and the sharing of information. More than 36,000 industry test results have been reported, covering manufacturing, processing, retail, catering and food service, which demonstrates the seriousness with which the industry is taking the need to remain vigilant and to restore consumer confidence in its food.

The Government agree that they have a role in working with businesses from across the food supply chain to identify ways to strengthen the industry and to enable it to respond to the challenges and opportunities that it faces. Regular meetings are being held, chaired by my right hon. Friend the Secretary of State, to ensure that British food is recognised for its rigorous standards and traceability and that our farmers and producers do not get a bad reputation as a result of incidents such as the one involving horsemeat.

Research shows that in the wake of the horsemeat incident, UK consumers have a greater level of trust in British produce, and the industry must welcome and build on that. That point was made by my hon. Friends the Members for Tiverton and Honiton (Neil Parish) and for Brecon and Radnorshire (Roger Williams), as well as my hon. Friend the Chair of the Select Committee in her opening remarks.

During the incident, the Government’s role focused on working with industry and local authorities to establish the scale of the problem, investigating and taking enforcement action against those responsible and prompting action at a European level to deal with some issues that have again been raised today. Our focus is now on learning and sharing the lessons from the incident and on improving the current approach to food authenticity and fraud.

The UK Government reacted quickly when they were alerted to the presence of horsemeat in beef products on sale in the UK by the Food Safety Authority of Ireland. That is backed up by the findings of the Troop review, mentioned by the Committee Chairman and others, into the FSA’s response to the incident.

The Committee has questioned whether the FSA should have done something sooner when the Food Safety Authority of Ireland mentioned that it was developing testing methods to detect horsemeat. I would like to clarify that a competent authority in another member state informing the UK that it is planning to develop a detection method is not the same as a member state informing the UK that it has found evidence of contamination or food fraud. We would hope and expect that any intelligence that another member state had would be shared with us at that juncture. Nothing was brought to the Government’s attention at that point; it was only that the FSAI was developing a test.

Just as we have a programme of work to develop testing to support our enforcement of EU food law, other member states develop methods for testing the authenticity of food. In its evidence to the Committee, the FSAI stated that it was “surprised” by the results and retested and reconfirmed the results before informing its Government officials and Ministers.

Once the presence of horsemeat in beef products had been identified as potential fraud, rather than unintended contamination, the UK’s response to the incident was rapid and extensive—more rapid and extensive than that of any other member state. An unprecedented level of testing was carried out quickly by industry and local authorities, the results of which were communicated to consumers and shared with the Commission and other European countries. It is to the credit of the industry and enforcement officers that that activity was carried out at pace and effectively, and to UK laboratories’ credit that they demonstrated the ability to up their capacity to meet demands.

[Huw Irranca-Davies]

I commend the Minister for making a very good first stab at it; I know that he will be excellent in this role—I genuinely mean that. However, I want to clarify that he is now distancing himself firmly from the recommendations and findings of the Committee and the National Audit Office. He is turning 180°.

[Dan Rogerson]

I am seeking areas of common ground between the two—between the Committee and the NAO. Having had the opportunity to discuss this matter with officials in preparation for this debate, having looked at the report from the Committee of which I was a member, having looked at the other report that the hon. Gentleman mentioned and having sought the evidence, what is clear to me as a Minister is the important distinction between the notification that a test was being developed and the discovery that horsemeat had been found. That is an important distinction.

The Government share the Committee’s desire to see those responsible for the situation brought to justice. I note the Committee’s concerns about the pace of those investigations and the number of arrests. However, it is a criminal matter and so is being dealt with by the prosecuting authorities—not something in which the Government should intervene. However, the police Gold Group, chaired by the City of London police, is taking the matter very seriously and the necessary steps are being taken.

Another point to make is that if we wanted a faster response, we might well have ended up with lesser fines, of the sort that Members have been concerned about today. We would have had a local authority response at a lower level, which would have been swifter but would perhaps not have picked up on the issues. I want to reassure Members present here that these investigations are live, that—as we know—arrests have been made and that these matters are being taken very seriously. However, it would not be proper for me to seek to jump to conclusions ahead of the report on those investigations.

We will continue to share information from the UK with Europol and other enforcing authorities, and we are mindful that a number of businesses in the UK have been victims of this fraud and will also be keen to see action taken against those responsible. People along the chain could be said to have been victims of the fraud.

As I said, the Government’s focus is on learning from and sharing the lessons from the incident, both through formal reviews and internal discussions to strengthen current activities. Following the publication of Professor Pat Troop’s review of the FSA’s handling of the incident, the FSA and the Department for Environment, Food and Rural Affairs are working together to address the issues raised. In particular, they are looking at ways to strengthen and improve intelligence sharing with relevant partners, and to clarify the responsibilities and roles of the two organisations.

Horsemeat fraud is unacceptable, but that does not mean that the Government were not effectively identifying food contamination and fraud. Meat fraud and product substitution are not new; as my hon. Friend the Member for Tiverton and Honiton pointed out, across the centuries and across the sector as a whole these are things that unscrupulous people have attempted to get away with. In 2012, local authorities carried out more than 18,000 tests for food authenticity, including tests for meat substitution. However, enforcement officers were not looking for the presence of horsemeat. Instead, the focus of testing was for product substitution with more widely available products, such as chicken and pork.

What the horsemeat incident has demonstrated is the widespread and international nature of food fraud, and the need to consider products that are more readily available beyond the UK, to protect consumer confidence. The Government agree that to understand and robustly assess the risks, we need better intelligence sharing. The FSA and DEFRA are jointly working to achieve better intelligence sharing between Government, industry and local authorities. Intelligence is not solely about testing, and given finite resources it is right that sampling and testing by enforcement bodies should remain targeted and risk-based.

The increase in the number of reported incidents of food fraud demonstrates the effectiveness of that targeting, as well as the successful development of detection methods and the priority given to authenticity. The Government also agree that it is unacceptable for any local authority not to carry out food standards sampling, and the FSA will continue to work with local authorities to ensure that all of them meet the standards set out in the framework agreement. Although we all understand the pressures on local government, the matter is very clear and the FSA has also been clear about working with partners in local government to ensure that those standards are delivered.

The Government recognise that they have a role in horizon-scanning for the unknown risks, but this should be done in a manner and on a scale that still represents good value to the taxpayer. That is something that we will need to consider further and it will still need to be based on intelligence for it to be justified. We are already strengthening information sharing between departments, by linking the emerging risks programme and the authenticity programme to improve our ability to horizon-scan the next unknown risk. The FSA has also reviewed its own operational structure to give greater direction and priority to identifying and combating food fraud in the future.

On the issue that a number of hon. Members raised about the report line for the FSA, we have to be absolutely clear that the FSA is a non-ministerial department of Government. It advises other Departments and shares information with them, as I have been saying, but it is not subject in any way either to my own Department or to the Department of Health. It is independent, and its independence is welcomed. Obviously, that it would be independent was the intention of the previous Government in constituting it.

Although we are looking to communicate better the roles and responsibilities of the FSA and DEFRA, the Government do not accept that machinery of government changes in 2010 impacted on the Government’s handling of the horsemeat incident or on the independent status of the FSA. The FSA led the response from day one, with DEFRA and the FSA working closely together throughout to deliver an effective response. It is right that Ministers were held to account for updating Parliament on the situation during the incident; it is right that Ministers took the lead in initiating action at a European level; and it is also right that the FSA led on investigating the incident and taking enforcement action. The FSA leads on enforcement, and it has in place the necessary framework and relationships with local authorities to instigate sampling and testing.

There will always be boundary issues for the Government’s interest in food, and it is our responsibility to ensure that these issues are understood and that we have the measures in place to make them work. The recent horsemeat incident has demonstrated that the FSA and DEFRA can work together to address issues such as food fraud, but we recognise that there is always more to be done to ensure that stakeholders understand where those boundaries lie and why, even if they do not agree with them.

As the Select Committee is aware, the Government’s independent review, “Integrity and Assurance of Food Supply Networks”, will focus on consumer confidence in the authenticity of food products, identifying any weaknesses that could have implications for food safety and authenticity. The review will consider the efficiency of current frameworks and operations, and I am sure that stakeholders will have taken the opportunity to raise their concerns or highlight issues.

The Chair of the Select Committee raised the issue of reviews. It is important to point out that this is a separate review. The Troop review was into the incident itself; this review will now set out where we go from here. It is looking at what we need to do to ensure the integrity of the supply chain right the way across, and we look forward to the interim publication of its findings later in the year.

The “Integrity and Assurance of Food Supply Networks” review is not only focused on Government but will look at the roles, and responsibilities to consumers, of the industry, and at what businesses need to do to support consumer confidence. That is the point that my hon. Friend the Member for Tiverton and Honiton made when he was talking about the responsibility of the industry. As the Government, we are engaging with this issue and seeking to reassure people that the food chain is secure, but ultimately those involved in the food chain are responsible for it. They are the ones who are selling products to consumers, engaging with producers and taking part in that chain.

My hon. Friend was absolutely right to raise that issue; the Government have a role in this process, but we must ensure that it is those who are involved in the chain itself who guarantee its integrity. The food industry is ultimately responsible for making sure that food is authentic and meets the required standards expected not only by the Government but most importantly, as hon. Members have said, by consumers.

I am sure that, as I am, the Committee is looking forward to seeing Professor Chris Elliott’s interim report in December.

[Miss McIntosh]

I congratulate my hon. Friend on his first outing as Minister. There is some common ground between us, but there are still areas of disagreement. Nevertheless, we have had a very good debate and exchange this afternoon.

It was remiss of me not to thank all those who participated in our inquiry, including the witnesses, who gave both oral and written evidence. I will momentarily point out to my hon. Friend the Minister that his name is recorded in the formal minutes of both reports and we were delighted to have his support.

[Dan Rogerson]

The hon. Lady is absolutely correct. When I was responding to the hon. Member for Ogmore earlier, I thought that he was referring to the NAO report when he talked about “two reports”, rather than the two phases of the work that the Committee did.

[Huw Irranca-Davies]

Are you in the NAO report as well? [Laughter.]

[Dan Rogerson]

No—absolutely not.

[Miss McIntosh]

Anyway, a week is a long time in politics.

I will just go through some of the points that have been made. Regarding traceability and the supply chain, I think that the Minister has taken the point, and we need to process that.

On insufficient testing, we concluded—although none of us spelled it out, and it was remiss of me not to do so—that the FSA at the moment does not force the industry retailers to carry out testing. It would be good if we could agree that the Department should look into that and consider giving the FSA a steer on it. Perhaps the Elliott review will do that, and say that large retailers must carry out regular DNA testing of meat ingredients for frozen and processed meat products, with the cost being borne by themselves—the industry—and not by the consumers. That point has been echoed by hon. Members throughout the debate and I think that consumers will respond to it. We insisted, in our conclusions, that the results of the tests ordered by the FSA should be submitted to it and that a summary should be published on the retailer’s website.

There must be change in respect of issuing horse passports. There is a worrying increase in numbers of horses in my county, let alone between Northern Ireland and southern Ireland.

We need to deal with insufficient testing by retailers, including supermarkets, especially those who do not do it at all. I will be pleased if the Elliott review addresses the issue of analysts. I welcome what the Minister said about strengthening intelligence sharing.

[Dan Rogerson]

I should like to mention a couple of points that I did not talk about directly in my remarks. The issue of horse passports will be settled at European level, but the Government are keen to engage in that process and see what can be done, as long as it is proportionate, to ensure that we get it right.

The NAO considered capacity in terms of analysts, although it did not say that there was a lack of capacity. The FSA holds that under review, so we will keep a close eye on that.

[Miss McIntosh]

I am most grateful to the Minister. Although it would be hugely expensive to deal with, there is concern about abattoirs slaughtering both cattle and horses. We need to be aware of that.

There is a real issue about the governance and structural problems. I poked fun at the shadow Minister, the hon. Member for Ogmore, about how his Government set the structure up. However, it is possible that we have been seen to compound that situation. We will be able to draw a line under this matter only when we can say, hand on heart, where contamination, adulteration and lack of authenticity entered into the food chain. The sooner we can see prosecutions of the perpetrators from the big retailers, the more it will boost consumer confidence.

I endorse comments made about the processed foods that have been a cause of concern. At the heart of our report was concern about processed foods and frozen foods.

I am delighted that the Minister, and the shadow Minister, gave us a hearing today.

Question put and agreed to.