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.

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.