§ 7A. This Part has effect for conferring functions under the 1991 Order on the Agency (and references to Articles are to Articles of the 1991 Order).
§ Article 12 (emergency control orders)
§ 7B. The Agency may grant consent under paragraph (3), and give directions under paragraph (5), of Article 12.
§ Article 26 (enforcement)
§ 7C. The Agency—
- (a) may be directed to discharge duties of district councils under Article 26(2);
- (b) may be specified as an authority to enforce and execute regulations or orders in pursuance of Article 26(3); and
- (c) may take over the conduct of proceedings mentioned in Article 26(4) either when directed to do so by the Department of Health and Social Services for Northern Ireland or with the consent of the district council which instituted them.
§ Article 39 (codes of practice)
§ 7D. —(1) The Agency may, after consulting the Department of Health and Social Services for Northern Ireland—
- (a) give directions to district councils under Article 39(2)(b) as to steps to be taken in order to comply with codes of practice under Article 39; and
- (b) enforce any such directions.
§ (2) The Agency may undertake consultation with representative organisations regarding proposals for codes of practice under Article 39.
§ Article 40 (information from district councils)
§ 7E. The Agency may exercise the power to require returns or other information from district councils under Article 40.
§ Article 41 (default powers)
§ 7F. The Agency may be empowered by an order under Article 41 to discharge any duty of a district council.
§ Article 47 (regulations and orders)
§ 7G. The Agency may undertake consultation with representative organisations required by Article 47 regarding proposals for regulations or orders under the 1991 Order.")
§ The noble Baroness said: In moving Amendment No. 115, I shall speak also to Amendments Nos. 122, 123, 127, 129 and 130. These are technical amendments. They make changes to Northern Ireland legislation to parallel proposed amendments to existing GB legislation, which are already contained in the schedules to the Bill. In particular, the Food Safety Northern Ireland Order 1991 will be amended to parallel amendments to the Food Safety Act 1990 and the Genetically Modified Organisms Northern Ireland Order 1991 to effect changes to the Environmental Protection Act 1990. These amendments will ensure that there is a consistent framework of legislation in place across the United Kingdom when the agency is established, whether or not the devolution settlement in Northern Ireland is fully in place. I commend the amendments to the Committee. I beg to move.
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 116:
Page 28, line 38, leave out ("The Ministers") and insert ("A licensing authority").
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 117:
Page 28, line 39, leave out ("they contemplate") and insert ("the authority contemplates").
§ On Question, amendment agreed to.
§ [Amendment No. 118 not moved.]
169GC
§
Baroness Hayman moved Amendment No. 119:
Page 28, line 42, leave out ("them") and insert ("the authority").
§ On Question, amendment agreed to.
§ [Amendments Nos. 120 and 121 not moved.]
§
Baroness Hayman moved Amendment No. 122:
Page 30, line 23, at end insert—
§ ("Genetically Modified Organisms (Northern Ireland) Order
1991 (S.L 1991/1714 (N.I. 19))
§ 11A. In Article 5(7) and Article 8(7) of the Genetically Modified Organisms (Northern Ireland) Order 1991 (grant of exemptions) after the word "Department" there shall be inserted the words ", or by the Department and the Food Standards Agency acting jointly,".
§ 11B.—(1) For Article 22 of that Order (exercise of certain functions relating to genetically modified organisms jointly by the Department of the Environment and the Department of Agriculture) there shall be substituted the following Article—
§ "Mode of exercise of certain functions
§ 22. —4(1) Any power of the Department to make regulations under this Order (other than the power conferred by Article 10) is exercisable, where the regulations to be made relate to any matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly.
§ (2) Any function of the Department under this Order (other than a power to make regulations) is exercisable, where the function is to be exercised in relation to a matter with which the Department of Agriculture is concerned, by the Department and the Department of Agriculture acting jointly (but subject to paragraph (3)).
§ (3) Any function of the Department under Articles 5(8) and 7 is exercisable, where the function is to be exercised in relation to a matter with which the Food Standards Agency is concerned—
- (a) if it is a matter with which the Department of Agriculture is also concerned, by the Department, the Department of Agriculture and the Food Standards Agency acting jointly;
- (b) otherwise, by the Department and the Food Standards Agency acting jointly.
§ (4) Accordingly, references in this Order to the Department shall, where paragraph (1), (2) or (3) applies, be treated as references to the authorities in question acting jointly.
§ (5) The Food Standards Agency shall be consulted before—
- (a) any regulations are made under this Order, other than under Article 10, or
- (b) any consent is granted or varied.
§ (6) The reference in Article 10 to expenditure of the Department in discharging functions under this Order in relation to consents shall be taken to include a reference to the corresponding expenditure of the Department of Agriculture in discharging those functions jointly with the Department.
§ (7) The validity of anything purporting to be done in pursuance of the exercise of a function of the Department under this Order shall not be affected by any question whether that thing fell, by virtue of this Article, to be done jointly with the Department of Agriculture or the Food Standards Agency (or both)."
§ (2) In consequence of sub-paragraph (1), in the definition of "the Department" in Article 2(2) of that Order, after the word "means" there shall be inserted the words "(subject to Article 22)"").
§ On Question, amendment agreed to.
§ Schedule 3, as amended, agreed to.
§ Schedule 4 agreed to.
170GC§ Schedule 5 [Minor and consequential amendments]:
§
Baroness Hayman moved Amendment No. 123:
Page 32, line 32, at end insert—
§ ("Agricultural Returns Act (Northern Ireland)
1939 (c. 35) (N.I.)
§ In section 1(4) of the Agricultural Returns Act (Northern Ireland) 1939 (restriction on disclosure of returns), after paragraph (e) there shall be added the following paragraph—
- "(f) to the Food Standards Agency for purposes connected with the carrying out of any of its functions."").
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 124:
Page 32, line 38, at end insert—
§ ("Parliamentary Commissioner Act 1967
§
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) the following entry shall be inserted in the appropriate place—
Food Standards Agency."").
§ The noble Baroness said: When we discussed the appeals procedures that would be available in various circumstances to those who were aggrieved by actions of the agency, I said that the agency would be subject to the jurisdiction of the Parliamentary Commissioner for Administration, which has always been the intention in the various processes of consultation around this Bill. This amendment makes that fact absolutely clear by adding the agency to the list of bodies covered by the Parliamentary Commissioner for Administration. Given our debates, this is no doubt something that the Committee would wish to endorse and I beg to move.
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 125:
Page 33, line 17, leave out sub-paragraphs (2) to (5) and insert. —
("(2) In section 1(2) (emergency orders: definition of "designating authority") after "Food" there shall be inserted the words "and the Secretary of State or either of them".
This paragraph shall come into force on the passing of this Act.
(3) In section 1(2) as so amended, for the words from "the Minister" to "them" there shall be substituted the words "the Secretary of State".
(4) In section 2 (powers of designating authority when emergency order is made)—
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 126:
Page 33, line 42, leave out from ("Ireland),") to end of line 44 and insert ("in subsection (2) for paragraph (a) there shall be substituted the following paragraphs—
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 127:
Page 37, line 5, at end insert —
§ ("Food Safety (Northern Ireland) Order 1991 (S.I 1991/762 (N.I. 7))
§ 23A. The Food Safety (Northern Ireland) Order 1991 shall be amended as follows.
§ 23B. In the following provisions—
- Article 8(8)
- Article 11(10)
- Article 12(1)
- Article 15(1)(f) and (4)
- Article 16(1) and (2)
- Article 17(2)(a)
- Article 18(2)
- Article 39(1), (2), (3) and (4)
- Article 41(1), (2) and (3)
- Article 44(2)
- Article 47(1), (2) and (3)
- Article 51(2),
§ 23C. In the following provisions—
- Article 8(7) and (9)(b)
- Article 10(5) to (7)
- Article 11(5) to (10)
- Article 18(1)
- Article 22
- Article 33(1)(b)
- Article 37(1)
- Article 42(2)(b)
- Article 44(1) and (3)
- Article 45
- Article 49(2)
- Schedule 1,
§ 23D. In Article 2(2) (interpretation)—
- (a) in the definition of "authorised officer"—
- (i) after paragraph (b) there shall be inserted the following paragraph—
§ "(bb) in the case of functions conferred on the Food Standards Agency, a person who is generally or is specially authorised in writing by the Food Standards Agency for the purposes of this Order;"; and.
- (ii) in paragraph (c), for the words "the Department concerned" in both places where they occur there shall be substituted the words "the Department, the Department of Agriculture or the Food Standards Agency";
- (b) in the definitions of "order" and "regulations" for the words "the Department concerned" there shall be substituted the words "the Department".
§ 23E. —(1) Article 12 (emergency control orders) shall be amended as follows.
§ (2) In paragraph (3), for the words "The Department concerned" there shall be substituted the words "The Department", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "that Department" there shall be substituted the words "the authority giving the consent".
§ (3) In paragraph (5), for the words "The Department concerned" there shall be substituted the words "The Department", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "that Department" in each place where they occur there shall be substituted the words "the authority giving the directions".
§ (4) In paragraph (7), for the words "The Department concerned" there shall be substituted the words "The Department", after those words there shall be inserted the words "or the Food Standards Agency" and for the words "that Department" in both places where they occur there shall be substituted the words "that authority".
§ 23F.Article 24 (orders for facilitating the exercise of functions) shall cease to have effect.
§ 23G. In Article 25 (regulations and orders: supplementary provisions), in paragraph (2)(e), after the words "district council" there shall be inserted the words ", the Food Standards Agency".
§ 23H. —(1) Article 26 (enforcement) shall be amended as follows.
§ (2) In paragraph (1), for the words "paragraph (1A)" there shall be substituted the words "paragraphs (1A) and (1B)".
§ (3) After paragraph (1A) there shall be inserted the following paragraph—
§ "(1B) The Food Standards Agency shall enforce and execute such provisions of this Order as may be specified by order.".
§ (4) In paragraph (2) —
- (a) for the words "Department concerned" there shall be substituted the word "Department"; and
- (b) for the words "that Department" in both places where they occur there shall be substituted the words "the Department, the Department of Agriculture or the Food Standards Agency".
§ (5) After paragraph (3) there shall be inserted the following paragraph—
§ "(3A) Regulations or orders under paragraph (3) may specify the Food Standards Agency as an authority to enforce and execute them and references in that paragraph to any authority concerned include references to the Food Standards Agency.".
173GC§ (6) In paragraph (4)—
- (a) for the words "Department concerned" there shall be substituted the word "Department" and
- (b) after the words "district council" there shall be inserted the words "or may direct the Food Standards Agency to do so".
§ (7) After paragraph (4) there shall be inserted the following paragraph—
§ "(4A) The Food Standards Agency may take over the conduct of any such proceedings but (unless the Agency has been directed to do so under paragraph (4)) only with the consent of the district council which instituted them.".
§ 23I. In Article 27 (appointment of public and other analysts), paragraph (6)(a) shall cease to have effect.
§ 23J. (1) Article 31 (analysis, etc. of samples by authorised officer of the Department of Agriculture) shall be amended as follows
§ (2) After paragraph (1) there shall be inserted the following paragraph —
- "(1A) An authorised officer of the Food Standards Agency who has procured a sample under Article 29 may —
- (a) if he considers that the sample should be analysed by a public analyst or a food analyst, submit it to be so analysed;
- (b) if he considers that the sample should be examined by a food examiner, submit it to be so examined,
§ (3) In paragraph (2), after the words "paragraph (1)" (in the first place they occur) there shall be inserted the words "or (1A)".
§ (4) In paragraph (3)—
- (a) in the definition of "the requisite qualifications", for the words "Department of Agriculture" there shall be substituted the word "Department"; and
- (b) in the definition of "sample", after the words "Department of Agriculture" there shall be inserted the words "or the Food Standards Agency".")
§ 23K. —(1) Article 39 (codes of practice) shall be amended as follows.
§
(2) After paragraph (1) there shall be inserted the following paragraph—
(1A) The Food Standards Agency may, after consulting the Department, give a district council a direction requiring the council to take any specified steps in order to comply with a code under this Article.".
§ (3) In paragraph (2)(b) for the words from "by" to "and" there shall be substituted the words "under this Article and".
§ (4) In paragraph (3), for the words "paragraph (2)(b)" and "the Department concerned" ("the Department" if the amendment in paragraph 23B has been made) there shall be substituted respectively the words "paragraph (1A)" and "the Food Standards Agency".
§
(5) After paragraph (3) there shall be inserted the following paragraph—
(3A) The Food Standards Agency shall consult the Department before making an application under paragraph (3).
§
(6) In paragraph (4), the words after "shall" shall be renumbered as sub-paragraph (a) and at the end there shall be added the words "; and
(b) have regard to any relevant advice given by the Food Standards Agency".
§
(7) After paragraph (4) there shall be inserted the following paragraph—
(4A) If it appears to the Department that the Food Standards Agency has undertaken any consultation with an organisation that the Department is required to consult under paragraph (4), the Department may treat that consultation as being as effective for the purposes of that paragraph as if undertaken by the Department.".
§ 23L. In Article 40 (power to require returns), after the word "Department" in each place where it occurs there shall be inserted the words "or the Food Standards Agency".
§ 23M. In Article 41 (default powers), in paragraph (1), after the word "empower" there shall be inserted the words "die Food Standards Agency or".
§ 23N. In Article 44 (power to impose charges for things done by district councils or Department of Agriculture under the Order), in paragraph (1) —
- (a) after the word "done" there shall be inserted the words "or to be done"; and
- (b) after the words "those councils" there shall be inserted the words "or the Food Standards Agency".
§
23O. In Article 47 (regulations and orders), after paragraph (3) there shall be inserted the following paragraphs—
(3A) Before making any regulations or order under this Order, the Department shall have regard to any relevant advice given by the Food Standards Agency.
(3B) If it appears to the Department that the Food Standards Agency has undertaken any consultation with an organisation that the Department is required to consult under paragraph (3), the Department may treat that consultation as being as effective for the purposes of that paragraph as if undertaken by the Department.".
§
23P. (1) Schedule 1 (provisions which may be included in regulations relating to food safety or consumer protection) shall be amended as follows.
(2) In paragraph 2(2), after the words "district councils" there shall be inserted the words "or the Food Standards Agency".
(3) In paragraph 3(2), after the words -Department of Agriculture" and "Department" (in each place) there shall be inserted the words "or the Food Standards Agency".
(4) After paragraph 6 there shall be inserted the following paragraph—
§ "Production of food sources
§ 6A. Provision for prohibiting or regulating
- (a) the possession, sale or offer, exposure or advertisement for sale of any specified substance, or any substance of any specified class, with a view to its use in connection with the production of any food source;
- (b) the use of any specified substance, or any substance of any specified class, in connection with the production of any food source;
- (c) the carrying out of any activity in connection with, or in a manner likely to affect, the production of any food source.".
§ (5) In paragraph 7(2), after the word "falls" there shall be inserted the words "(or is likely to fall)".
§ 23Q.—(1) Paragraph 5 of Schedule 3 (saving from repeal of Article 17 of the Food (Northern Ireland) Order 1989 for certain existing bylaws) shall cease to have effect.
§ (2) Accordingly any bylaws which were made (or which have effect as if made) under that Article and which have continued in force by virtue of that paragraph are revoked.").
§ On Question, amendment agreed to.
§ Schedule 5, as amended, agreed to.
175GC§ Schedule 6 [Repeals]
§
Baroness Hayman moved Amendment No. 128:
page 38, leave out lines 18 and 19
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 129:
Page 38, line 37, at end insert—
| ("S.I. 1991/762 (N.I. 7). | The Food Safety (Northern Ireland) Order 1991. | In Article 2(2), the definition of "the Department concerned". Article 24. |
| In Article 25(3), the words "or an order under Article 24" and in both places where they occur the words "or order". Article 27(6)(a). | ||
| In Schedule 3, paragraph 5.") |
§ On Question, amendment agreed to.
§
Baroness Hayman moved Amendment No. 130
Page 39 line 4, at end insert—
| ("S.I. 1996/1633 (N.I. | The Food Safety | Article 3(1)(a). |
| 12). | (Amendment) | Article 7(2)(b)(i). |
| (Northern Ireland) | Articles 8 and 9.") | |
| Order 1996. |
§ On Question, amendment agreed to.
§ Schedule 6, as amended, agreed to.
§ Title agreed to.
§ Bill reported with amendments.
§ The Deputy Chairman of Committees (Viscount Allenby of Megiddo)That concludes the Committee's proceedings on the Bill.
§ The Committee adjourned at fourteen minutes past six o'clock.