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Written Question
National Food Crime Unit
Monday 25th March 2024

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government, further to the Written Answer by Lord Markham on 2 May 2023 (HL7168) whether the National Food Crime Unit of the Food Standards Agency now has the necessary powers to present cases to the courts.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The Food Standards Agency’s (FSA) National Food Crime Unit (NFCU) works to prevent, detect, and investigate fraud within our food system. My Rt hon. Friend, the Secretary of State for Health and Social Care has the power under the Police, Crime, Sentencing and Courts Act 2022 to grant food crime officers with access to powers, such as those under the Police and Criminal Evidence (PACE) Act 1984. The laying of secondary legislation to grant these powers and bring the FSA under the necessary oversight of the Independent Office for Police Conduct (IOPC) is subject to a short delay from the original laying date of 14 March 2024. One of the statutory instruments (SI) is extremely detailed and requires further resourcing from the FSA and iteration with the IOPC to resolve key policy points. However, good progress is being made with the SI, and a revised laying date is to be requested from the Cabinet Office, which is expected to be this side of the summer recess.

While the FSA is in the process of agreeing a revised laying date, food crime officers in the NFCU are still able to continue with core business, and progressing food fraud investigations. However, having access to PACE powers will reduce reliance on policing partners and will better equip food crime officers with the powers they need to deal with food fraud more effectively and autonomously. Work to develop and implement mandatory training for food crime officers who will use PACE powers, and the development of an internal complaints process, remains on course to be delivered ahead of the SIs coming into force.


Written Question
Members: Correspondence
Thursday 26th October 2023

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government when they intend to reply to the letter from Lord Rooker to Lord Markham of 24 August regarding the Medicines and Healthcare products Regulatory Agency and folic acid.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

It has not proved possible to respond to this question in the time available before Prorogation. Ministers will correspond directly with the Member.


Written Question
Bishop's Castle Community Hospital: Hospital Beds
Wednesday 13th September 2023

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government why the in-patient beds at Bishop’s Castle Community Hospital in Shropshire have been closed; and what plans they have to reopen them.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

NHS Shropshire, Telford and Wrekin commissions Shropshire Community Health NHS Trust to provide services in Bishop’s Castle Community Hospital, including inpatient bed facilities. 16 inpatient beds were temporarily closed in October 2021 due to sustained and unacceptable nursing vacancies and concerns about the quality of care and patient safety.

In August 2023, the trust commissioned an external review of its recruitment process and on 12 June 2023 began a period of formal engagement with patients, carers, members of the public, stakeholders, clinicians, and staff to inform its final decision on whether to relinquish the contract it holds for the inpatient service.

A board meeting was held on 7 September 2023, which considered the details of the reports from all the planned engagement activity. The Board concluded that it cannot be assured the recruitment efforts have been reasonable and sufficient and further recruitment attempts are needed before withdrawing from the inpatient service. The trust will now produce a workforce and recruitment plan and re-attempt recruitment with a view to safely staffing and re-opening the beds.


Written Question
Food: Dietary Supplements
Wednesday 14th June 2023

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government why they did not join Australia, Brazil, Canada, Chile, Colombia, Ecuador, the 27 European Union member states, Israel, Malaysia and Paraguay in putting forward to the 76th World Health Assembly, held on 21–30 May 2023, the resolution to accelerate efforts on food micronutrient fortification.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The United Kingdom actively participated during negotiations and supported the World Health Organization (WHO) Resolution on, ‘Accelerating efforts for preventing micronutrient deficiencies and their consequences, including spina bifida and other neural tube defects, through safe and effective food fortification’, initiated by Colombia and brought to the 152nd WHO Executive Board, which recommended adoption of the Resolution to the World Health Assembly.

During the 76th World Health Assembly, the UK intervened to welcome the Resolution and called on the WHO to release updated child wasting guidelines and commence their operationalisation in the countries of most concern. The Resolution was subsequently adopted by all WHO Member States, including the UK, at the 76th World Health Assembly.


Written Question
National Food Crime Unit: Administration of Justice
Tuesday 2nd May 2023

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government what plans they have to grant the National Food Crime Unit of the Food Standards Agency powers to present its cases to the courts.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The Food Standards Agency (FSA) National Food Crime Unit (NFCU) works to prevent, detect and investigate fraud within our food system. The Unit develops and presents evidential case files to the Crown Prosecution Service in anticipation of proceedings in the criminal courts, achieving its first end-to-end conviction in 2021. Other cases are shortly to be before the courts. The NFCU’s existing suite of investigatory powers is not wide enough to enable the NFCU to carry out certain investigatory functions for criminal offences outside of general food law. The NFCU is therefore currently dependent on partners like the police to perform some functions such as obtaining search warrants.

Under the Police, Crime, Sentencing and Courts Act 2022, the Secretary of State for Health and Social Care now has the power to grant through regulations access to powers such as those under the Police and Criminal Evidence (PACE) Act 1984 to NFCU officers. Following a public consultation last summer, work is underway on the necessary secondary legislation to grant these powers and bring the FSA under the Independent Office for Police Conduct oversight. Primary legislation would also be necessary to place the use of these investigatory powers by NFCU officers under the inspection remit of His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services and this is expected to be legislated for when parliamentary time allows.


Written Question
Medical Equipment: Cotton
Wednesday 26th April 2023

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government whether any checks have been made by the Department of Health and Social Care regarding products it uses which contain cotton about where the cotton was grown.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

NHS Supply Chain, which supplies the majority of medical goods, products and consumables for the National Health Service, has had a Supplier Code of Conduct, based on the principles of the UN Global Compact, in place since 2009. Under the Code all suppliers, including suppliers of cotton products, are expected to adhere to these principles, which address issues including child labour, forced labour, wages, working hours and health and safety. NHS Supply Chain suppliers must undertake a Modern Slavery Assessment on the United Kingdom Government’s Supplier Portal.

Section 47 of the Health and Social Care Act 2022 introduced a statutory duty for the Secretary of State for Health and Social Care to undertake a review into the risk of slavery and human trafficking taking place in NHS supply chains, specifically focusing on cotton-based products, and to lay a report before Parliament on its outcomes within 18 months. The Review is being undertaken by NHS Supply Chain, with oversight from NHS England.


Written Question
Neural Tube Defects: Folic Acid
Friday 9th December 2022

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government what engagement they have had with governments of other countries which fortify foods with folic acid in order to reduce the prevalence of neural tube defects.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department has engaged with New Zealand and Australia during the development of folic acid fortification policy. The proposed changes to the Bread and Flour Regulations 1998, including the introduction of mandatory fortification of non-wholemeal wheat flour with folic acid, will require notification to the World Trade Organization in respect of Technical Barriers to Trade in advance of any new requirements. When the notification is made, there will be an opportunity for WTO members, including the European Union, to comment on the proposals.


Written Question
Folic Acid
Friday 9th December 2022

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government whether they have engaged with the EU on the introduction by the UK of policy changes relating to food fortification with folic acid; and if so, what responses they have received.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

The Department has engaged with New Zealand and Australia during the development of folic acid fortification policy. The proposed changes to the Bread and Flour Regulations 1998, including the introduction of mandatory fortification of non-wholemeal wheat flour with folic acid, will require notification to the World Trade Organization in respect of Technical Barriers to Trade in advance of any new requirements. When the notification is made, there will be an opportunity for WTO members, including the European Union, to comment on the proposals.


Written Question
Pregnancy
Friday 9th December 2022

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government whether and how they measure the effectiveness of advice given to women of child-bearing age planning a pregnancy according to their (1) socio-economic background, (2) ethnicity, and (3) regional location.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

There is no specific measure on the effectiveness of advice given to women of child-bearing age planning a pregnancy.


Written Question
Folic Acid
Friday 9th December 2022

Asked by: Lord Rooker (Labour - Life peer)

Question to the Department of Health and Social Care:

To ask His Majesty's Government whether they are aware of any evidence of food manufacturers proposing to lower the level of voluntary folic acid fortification of foods.

Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)

Fortification of food with folic acid is voluntary and there is no requirement to notify the Government when it is added or removed from a product. As such, the Government is not aware of any such industry considerations. The rules on fortification under existing legislation requires that where vitamins and minerals are added to food, it must be at a minimum level of 15% of the Nutrient Reference value in Retained Regulation (EU) No. 1169/2011 or 200 micrograms per 100 grams for folic acid.