§ Mr. Ashleyasked the Paymaster General if he will list the categories, and the numbers within them, of institutions, for which the Secretary of State for Employment is responsible, for which exemptions are claimed from (a) food hygiene legislation and (b) health and safety legislation on the grounds of Crown immunity; and if he will make it his policy to plan to remove the immunity for the relevant institutions.
§ Mr. TrippierCrown Immunity from prosecution under food hygiene legislation and health and safety legislation applies to the following institutions/premises for which we are responsible:
Category Number Central departmental offices 28 Regional, area or local offices 2,477 Skillcentres and Employment Rehabilitation centres 97 Laboratories 3 Storage Buildings/Warehouses 2 These figures include premises where Crown immunity for food hygiene legislation would apply, but where food sales or preparation are not at present carried out.
There is a difference between food hygiene legislation and heath and safety legislation. Whereas the Food Hygiene Regulations do not apply on Crown premises. the Health and Safety at Work Act, for example, does so apply. the Crown is subject to notices similar in purpose to those issued to other bodies under the Act and under which specified improvements can be required to be made. The Crown is, of course, immune from prosecution under either set of provisions.
Our policy on Crown immunity is to consider every case on its own merits. If we have evidence of inadequate standards in particular circumstances I shall consider, with colleagues, how best to deal with these circumstances. This may, as in the case of hospital catering, lead to a reappraisal of Crown immunity.