§ Lord Hutchinson of Lullington
asked Her Majesty's Government:
Whether, under the new legislative arrangements for access to prison by environmental health officers, it will be possible for environmental health officers to prosecute the prison authorities if their instructions are not complied with.
From 1st April 1992, under the Food Safety Act 1990, local environmental health officers will have powers to inspect all areas of HM Prison Service establishments where food is stored, prepared, served or eaten, or waste is disposed; and, where necessary, to issue improvement notices or prohibition orders. Action to deal with non-compliance by the Prison Service would be by way of High Court declaration rather than criminal proceedings, although individual public servants may be liable to prosecution if, having authority to take any necessary action, they fail to do so.