§ 32. Sir B. Jannerasked the Minister of Health whether he is aware that, if restaurant premises are found by a public inspector to have food stored in a cellar flooded with sewage or one which is rat-infested, the owner cannot be compelled to close the restaurant until a complaint is heard by a court after several weeks have elapsed, even if the premises are not cleaned up in the meanwhile and whether he will introduce legislation to ensure that powers are given to magistrates, on a complaint being lodged, to order such closure under provisions similar to those contained in Section 9 of the Food and Drugs Act, 1955, in respect of food unfit for human consumption.
§ Mr. BraineAmple powers other than closure are available to local authori 28 ties to deal with such a situation, and my right hon. Friend sees no need for further legislation.
§ Sir B. JannerWhat are these ample powers? Is the Minister aware that something like fourteen days elapse before a case can be heard in order to stop this kind of abuse? Does he realise that a person cannot be prevented from continuing to use a restaurant where this filth is accumulated unless he himself is prepared to agree? Why does not the Minister go into the matter again so as to make it impossible for the establishment to continue until things are put right?
§ Mr. BraineI have gone into the matter, and I think I know the case which the hon. Gentleman has in mind. I am asked what the powers are. The owner of a defective drain may be required to remedy it within forty-eight hours, and the local authority can carry out remedial work within that time. The restaurant which I think the hon. Gentleman has in mind was prosecuted for an accumulation of offences under the food hygiene regulations and fined substantially.
A public health inspector can always request the immediate removal of food liable to contamination and can carry at once before a magistrate any foods which are contaminated and liable to condemnation. I repeat that ample powers exist.
§ Sir B. JannerWill the hon. Gentleman reconsider the matter? He is entirely wrong. It was because the people themselves were prepared voluntarily to clear the place that the matter was put right. Nothing could have compelled them to put it right for about 14 days if they had not done it themselves. Will the hon. Gentleman inquire into the matter and see whether that is right or wrong?
§ Mr. BraineI have inquired into it. Before saying that I am wrong, it would have been fairer if the hon. Member had investigated the powers which I have mentioned. I will go further. Section 14 of the Food and Drugs Act, 1955, enables a local authority to apply for an order after giving 14 days' notice in writing.
§ Sir B. JannerThat is the point.
§ Mr. BraineI indicated earlier that immediate action can be taken by a local authority to go further under the power which I have just mentioned and disqualify a person convicted under the Act from using the premises as catering premises for up to two years. We have to strike a balance between the public good and private rights. I have no reason to believe that in this case the local authority has been lacking in powers.
§ Sir B. JannerIn view of the unsatisfactory answer, I give notice that I propose to raise this matter at the earliest opportunity.