Administrative Bodies: Powers (Hansard, 23 June 1999)

§ The Parliamentary Under-Secretary of State, Department of Health (Baroness Hayman)
My Lords, administrative bodies exercising power over the individual may do so only under a specific statute. In most cases that statute also sets out the arrangements for accountability to Parliament, the roles and responsibilities of the body itself and of Ministers, and the requirement for the body to report on its actions. There is provision under administrative law to seek judicial review of such decisions.

§ The Countess of Mar
My Lords, I thank the noble Baroness for that reply. Is she aware that an increasing amount of legislation, particularly for the self-financing regulatory agencies, is allowing inspectors and other individuals to take away people's livelihoods? For example, Section 13 of the Food Safety Act 1990 allows for a person's goods to be taken away. In the case I have 920 in mind, that particularly applies to the noble Baroness's department. In a case concerning cheese, no fault was found with the cheese but the person concerned was not allowed to provide a defence. This applies also to the Environment Agency, which can withdraw authorisations under pollution control regulations; it applies to the Meat Hygiene Service and the Dairy Inspectorate. Under the cattle identification scheme, if an animal is found without an ear-tag and proof of identity is not provided within 48 hours, the animal can be killed without compensation. Does the noble Baroness think it is right and just under British law that these regulations—many of which come from European legislation—should be incorporated into our law and deprive people of their livings and of any defence at court? I should remind the noble Baroness that judicial review does not allow a defence to he presented; it is only on a question of law that someone can seek a judicial review.

§ Baroness Hayman
My Lords, in each of the cases to which the noble Countess referred, the bodies concerned operate within a statutory framework set by Parliament. The relevant statute also sets out the body's powers in relation to individual citizens and, in some cases, specific legal remedies are available, not simply the general one of judicial review. While one can sympathise with the individual in such cases, one also has to recognise the responsibilities of the Government, particularly in areas of protecting public health. A decision to make an emergency control order under Section 13 of the Food Safety Act may be needed to protect public health as soon as possible. That procedure is used only after an appropriate risk assessment and where there are no other effective means of protecting public health from serious threat. In those circumstances, if the Government did not use those powers, they would be rightly criticised.

§ Lord Clement-Jones
My Lords, has the Minister's department carried out an audit of the legislation for which it is responsible under the Human Rights Act? If so, will the results of that audit be published?

§ Baroness Hayman
My Lords, the noble Lord knows that the Human Rights Act was passed in order to make it easier for individuals to enforce the rights set out in the European Convention on Human Rights and its protocols. Those include the right to property and the right to a fair hearing. The Government cannot confer powers on administrative bodies that detract from those rights. Perhaps I may write to the noble Lord on the specific issue of the audit.

§ Lord Ackner
My Lords, does the Minister agree that judicial review is the exercise by the court of its supervisory jurisdiction in order to ensure that the body that made the decision had the power to make that decision? It is not a process of appeal; it is not concerned with the merits of the decision; therefore the protection which it gives is very limited.

§ Baroness Hayman
My Lords, I absolutely recognise that. I feel that I am perhaps operating above my pay 921 grade in regard to these legal issues! My own legal education ended in 1969. The noble and learned Lord makes an important point. These are not appeal proceedings. Where administrative bodies take action some circumstances allow for appeal proceedings—for example, under other sections of the Food Safety Act. But where those are not considered appropriate, there is the backstop of a review by the courts, under judicial review.

Lord Bruce of Donington
My Lords, will the Minister give the House an undertaking that, after having examined the report of your Lordships' Select Committee on Comitology that was debated in this House last Friday—the day on which Ascot was proceeding on its orderly course—she will take action regarding the activities of the various committees set up without this nation's authority by the European Commission? I refer to the various regulatory, advisory and management committees, and to the fact that they issue regulations which in many cases are not subject to the scrutiny of this Parliament and which go directly into British law for enforcement under British law. Will the Minister give the House an undertaking that that practice will cease? Will she ensure that all legislation, before it is enacted, receives proper scrutiny by Parliament?

§ Baroness Hayman
My Lords, I fear that my comitology is even worse than my legal expertise. The Government always take seriously the reports of Select Committees of this House and examine with equal seriousness the debates and comments on them. I am sure that that will apply in this case.

§ Lord Skelmersdale
My Lords, is the noble Baroness aware that one of the complaints of the noble Countess is that, apparently, in some cases bodies that are allowed by statutory instrument to charge fees for their services have also been making supplementary requests? Is that legal?

§ Baroness Hayman
Yes, my Lords, I am aware that that has been the concern. I do not believe that it applies in administrative bodies relating to the Department of Health. I shall certainly make inquiries as to the legal basis of that practice if it takes place within administrative bodies that are answerable to other departments and Ministers, and thereby to Parliament.