HC Deb 27 February 1986 vol 92 cc637-8W
Mr. Ashley

asked the Secretary of State for Northern Ireland 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. Tom King

Crown immunity from prosecution under food hygiene legislation and health and safety legislation applies to the following institutions for which I am responsible:

Category Number
Departmental Government Offices 450
Storage buildings 2
Hospitals 86
Other health Premises 480
Prisons 7
Training and recruitment establishments 22
Research institutions and laboratories 22

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.

Our policy on Crown immunity is to consider every case on its merits. If we have evidence of inadequate standards in particular circumstances, I shall consider, with colleagues, how best to deal with these circumstances, and this may include a re-appraisal of Crown immunity. It is my intention that Northern Ireland will take similar action to England and Wales in relation to the removal of Crown immunity under the Food Act from health service premises.

There is a difference between food hygiene legislation and health and safety legislation. Whereas the Food Hygiene Regulations do not apply on Crown premises, the Health and Safety at Work (Northern Ireland) Order 1978, for example, does so apply. The Crown is subject to notices similar in purpose to those issued to other bodies under the order and under which specified improvements can be required to be made. The Crown is, of course, immune from prosecution under either set of provisions.