Question to the Department of Health and Social Care:

To ask His Majesty's Government when they expect the National Food Crime Unit of the Food Standards Agency to obtain the full powers to operate as set out in the Police, Crime, Sentencing and Courts Act 2022.

The Food Standards Agency’s (FSA) National Food Crime Unit works to prevent, detect and investigate fraud within our food system. 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 access to specific investigative powers under the Police and Criminal Evidence Act 1984 and the Criminal Justice and Public Order Act 1994.

The drafting of secondary legislation to grant these powers and to bring food crime officers under the necessary remit of the Independent Office for Police Conduct (IOPC) for complaint handling purposes is at an advanced stage and is currently undergoing final review by both IOPC and the FSA.

It is intended that a regime of scrutiny by His Majesty’s Inspectorate of Constabulary, Fire & Rescue Services (HMICFRS) will also be placed on a legislative footing. A recent FSA bid for primary legislation included a Private Member’s Bill within the handout list for the first session, though this was not taken forward. However, in October 2024, HMICFRS agreed to a voluntary inspection regime for the FSA’s use of investigatory powers whilst work progresses to secure primary legislation. The FSA is working with HMICFRS to put appropriate arrangements in place for the voluntary inspection regime and Home Office officials are updating their minister of this arrangement.