HL Deb 24 June 1980 vol 410 cc1477-9

2.55 p.m.

Baroness SHARPLES

My Lords, I beg leave to ask the Question which stands in my name on the Order Paper.

The Question was as follows:

To ask Her Majesty's Government whether it is the case that preserved foods sold to the public by such organisations as Women's Institutes are required to be prepared on premises registered under the Food and Drugs Act 1955.

Lord CULLEN of ASHBOURNE

My Lords, yes, technically many of them are, but there is room for doubt about jam. Moreover, it is questionable whether it was ever intended to require registration of domestic premises in which food is prepared for sale by Women's Institutes and similar organisations, and local authorities have generally taken a pragmatic view and have not sought to enforce the strict letter of the law. We know of no case of food poisoning from Women's Institute markets.

As my right honourable friend the Secretary of State for Social Services has indicated in another place, the Government will seek an early opportunity to make such changes as may be necessary in the law to safeguard the preparation of home-made jam and similar products for sale at Women's Institute markets.

Baroness SHARPLES

My Lords, I thank my noble friend for that reply. Is he aware that the Women's Institute sought counsel's opinion, who advised them that the Borough of Stockton was actually incorrect in their interpretation of the 1955 Act? Is he further aware that the market opened on 6th June under restricted terms, and that no pickles, et cetera, were allowed to be sold, also no jam, although home-made cakes with home-made jam in them were allowed to be sold?

Lord CULLEN of ASHBOURNE

My Lords, the trouble in Stockton has been caused by the somewhat obscure words in Section 16 of the Food and Drugs Act 1955. I have been advised that this section was probably intended to apply to meat and fish products, but the words are capable of applying more widely.

Lord PEART

My Lords, I intervene as a former Minister of Agriculture. Is the House aware that the Ministry first set up the Women's Institute Market in 1932 in my native county of Durham? I hope that we shall keep a sense of proportion. I think that the Minister is well aware of what the feeling of the House is.

Lord CULLEN of ASHBOURNE

My Lords, perhaps the noble Lord is suggesting that this is really a storm in a jampot.

Lord ELWYN-JONES

My Lords, will the noble Lord ensure that the result of taking a pragmatic view about jam will not result in jam yesterday and jam tomorrow, but never jam today?

Lord CULLEN of ASHBOURNE

My Lords, I doubt whether the noble and learned Lord expects much comment in reply to that.

Lord GISBOROUGH

My Lords, would the noble Lord agree that while hygiene officers were appointed for the very proper purpose of supervising the preparation of food, there is a tendency, not only in the hygiene department, but also in many other departments in local government, for a department to build up an empire, and then to go out looking where they can apply the letter of the law? Is this not a fairly typical example of the over-staffing of local authorities?

Lord CULLEN of ASHBOURNE

My Lords, I hope that it is not too typical. Certainly these arrangements are made entirely by local authorities, and I am sure that they differ one from another.