§ Mr. JackTo ask the Minister of Agriculture, Fisheries and Food if he will make a statement on the legality and enforcement issues raised by the outcome of the case known as Procurator Fiscalv. Sutherland. [39661]
Dr. John CunninghamThe Sheriff in Selkirk in the case of the Procurator Fiscalv. Sutherland held that Regulation 3(2) of the Beef Bone Regulations is defective. This judgment, which was based on legal argument and not food safety issues, is not binding on any other UK Courts, including those in Scotland. The Procurator Fiscal was granted leave to appeal and has now done so. The Regulations thus remain in force and the controls on the sale, use and disposal of beef bones, including those in respect of bone-in beef, continue to be valid and will remain so unless the judgment is confirmed on appeal.
The requirements of these Regulations are essential for the protection of public health and the Government expect them to continue to be observed and enforced throughout the country. Advice has been issued to all food law enforcement authorities to make this clear—copies are being placed in the Library of the House.
In addition, the terms of the judgment should not affect the normal refrigeration of meat which should continue to be transported, stored and sold at the appropriate temperature.
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§ Mr. JackTo ask the Minister of Agriculture, Fisheries and Food what steps he plans to take to compensate restaurateurs for loss of trade regarding sales of beef on the bone following the outcome of Procurator Fiscalv. Sutherland. [39662]
Dr. John CunninghamNone. There could be no justification for compensation, and we have in any case received no such claims.