§ Mr. Ashleyasked the Secretary of State for Defence if he will list the categories, and the numbers within them, of institutions, for which he 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. LeeCrown immunity from prosecution under food legislation and health and safety legislation applies to the following MOD institutions-premises:
Category Number Headquarters departmental offices 23 Other office locations 44 Military locations (which may in some cases contain several establishments) *1,000 Hospitals 8 Rehabilitation centres 1 Dockyards 2 Factories 2 Research and development establishments† 7 * Approximate.
† But buildings and satellites are spread over 45 locations.
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. It is MOD policy that catering establishments on its premises should meet the hygiene standards laid down in the regulations and to this end there is a stringent system of in-house inspections to ensure that standards are met. The MOD is not exempt from the Health and Safety At Work etc Act 1974, although it is immune from prosecution under that Act. It is MOD policy to ensure compliance with the legislation and to achieve standards at least as high as those required by law. However, certain exemptions from inspection under the Act are sometimes obtained on the grounds of operational necessity and national security. If I have evidence of inadequate standards in particular circumstances I shall certainly consider how best to deal with them.