HL Deb 09 July 1999 vol 603 cc121-7WA
The Countess, of Mar

asked Her Majesty's Government:

What steps are taken to ensure that Official Veterinary Surgeons comply with the instructions to them set out in the Meat Hygiene Service operations manual; and what action is taken if it is found that they do not comply with its requirements. [HL2928]

Lord Donoughue

Comprehensive training on all aspects of the Meat Hygiene Service (MHS) Operations Manual is provided during the Official Veterinary Surgeon (OVS) course.

Once designated, the day-to-day work of an OVS is supervised by a Principal Official Veterinary Surgeon (POVS) who provides guidance and regular appraisals on performance. Appropriate management action is taken where areas for improvement are identified.

Additionally, audits are carried out by the Veterinary Public Health Unit (VPHU) in England, and the State Veterinary Service (SVS) in Wales and Scotland, to determine whether operations, practices and activities of the MHS at supervised abattoirs and cutting plants comply with the requirements specified in the MHS Operations Manual, relevant legislation and Codes of Practice. If any problems are found, they are discussed with the OVS responsible and, in most cases, the POVS. These discussions occur during and immediately after the audit so that immediate remedial action can be taken. Once completed, an audit report detailing any identified non-compliances is sent to the OVS and POVS and copied to the appropriate MHS Regional Director.

The Countess of Mar

asked Her Majesty's Government:

How many hours are dedicated to training non-United Kingdom trained veterinary surgeons during the conversion courses for Official Veterinary Surgeons in British law, British enforcement systems and British enforcement practices. [HL2930]

Lord Donoughue

No differentiation is made during the Official Veterinary Surgeon (OVS) course as to whether a veterinary surgeon was trained in the United Kingdom or elsewhere. All trainees therefore receive exactly the same amount of training in British law, British enforcement systems and British enforcement practices.

It is not possible to state the exact number of hours dedicated during the OVS course to training specifically in these areas. However, virtually the whole course is designed around the contents of the Meat Hygiene Service (MHS) Operations Manual, of which aspects of British law, British enforcement systems and British enforcement practices form an integral and important part.

The Countess of Mar

asked Her Majesty's Government:

Whether, during the conversion course for Official Veterinary Surgeons, the proficiency of veterinary surgeons in implementing the Hygiene Assessment Scheme is assessed; what criteria are used for any such assessment; and what action is taken when candidates fail to show sufficient proficiency. [HL2931]

Lord Donoughue

Both theoretical and practical training in the Hygiene Assessment Scheme (HAS) is undertaken as part of the Official Veterinary Surgeon (OVS) Course.

During practical sessions, trainees are required to carry out HAS scores in a fresh meat, poultry meat and cutting plant. These are done under the supervision of a Principal Official Veterinary Surgeon (POVS), and have to be completed to their satisfaction. These assessments form an integral part of the practical work that trainees have to undertake as part of their training.

Only when a trainee successfully completes all aspects of his theoretical and practical training will he be designated as an OVS.

The Countess of Mar

asked Her Majesty's Government:

What time limits are imposed on the Meat Hygiene Service responding to complaints about the conduct of Meat Hygiene Service staff; and [HL3011]

What arrangements exist for the urgent resolution of complaints about the conduct of Meat Hygiene Service staff where commercial arrangements and income may be affected. [HL3012]

Lord Donoughue

Any complaints received about the service provided by the Meat Hygiene Service (MHS) are dealt with under the MHS's complaints procedure, in which certain time limits for response are specified. These are in accordance with the latest "best practice" principles promoted by the "Service First" unit of the Cabinet Office.

A copy of the MHS Complaints Procedure was sent out to all plant operators in March 1999 and I have today placed a copy of it in the Library of the House.

The Countess of Mar

asked Her Majesty's Government:

Why they have not banned imports of meat products derived from animal husbandry systems which do not match United Kingdom animal welfare standards. [HL3224]

Lord Donoughue

The legal position is quite clear. Neither the Treaty of Rome nor the rules of the World Trade Organisation allow the UK to ban the import of meat products that have not been produced to our own welfare standards.

The Countess of Mar

asked Her Majesty's Government:

Further to the Written Answer by the Lord Donoughue on 16 June (WA 28), whether the Hygiene Assessment Scheme (HAS) falls within the remit of the Fresh Meat Directive 91/497/EEC and the Fresh Meat (Hygiene and Inspection) Regulations 1995; and if not, whether slaughterhouses and cutting plant operators can refuse to co-operate with the HAS and ignore any findings from it if the HAS does not assess their compliance with statutory or non-statutory requirements. [HL3251]

Lord Donoughue

HAS scores are compiled by an Official Veterinary Surgeon (OVS) from observations made while carrying out the duties detailed in Regulation 8 of the Fresh Meat (Hygiene and Inspection) Regulations 1995, as amended. The operator is required by Regulation 20 to provide the OVS with reasonable assistance. An operator can ignore the HAS score, but cannot ignore enforcement action taken under the regulations.

The Countess of Mar

asked Her Majesty's Government:

Further to the Written Answer by Lord Donoughue on 16 June (WA 27), whether, when they consider whether licensed slaughterhouse or meat cutting plant owners or operators should be prosecuted for alleged offences under the Meat Hygiene and Specified Risk Material Regulations, the Ministry of Agriculture, Fisheries and Food officials pay specific regard to previous enforcement actions; and in particular, how they assess whether such actions have been adequate and fair. [HL3254]

Lord Donoughue

In deciding whether to refer alleged contravention for investigation with a view to prosecution, officials will consider the history of previous enforcement actions in relation to the potential defendant. Members of the Ministry of Agriculture, Fisheries and Food's Legal Department will also consider such matters as part of the decision as to whether prosecution is in the public interest. Unless it is a very serious case which requires immediate action, the adequacy and fairness of the actions will be tested primarily on the basis of whether the potential defendant should have known that what he was doing was wrong and had a chance to put matters right.

The Countess of Mar

asked Her Majesty's Government:

Whether Official Veterinary Surgeons are permitted to draw conclusions as to the failure of licensed slaughterhouse or cutting plant operators to comply with Meat Hygiene or Specified Risk Material Regulations on the basis of incomplete observations, and on the basis of these observations, make allegations as to the lack of compliance. [HL3300]

Lord Donoughue

Official Veterinary Surgeons have a duty to ensure that the operators of licensed slaughterhouses or cutting plants comply with both the Fresh Meat (Hygiene and Inspection) Regulations 1995 and the Specified Risk Material Regulations 1997. They are therefore required to investigate any incident in which a breach of these rules could have occurred. However, enforcement action would not be taken unless there was satisfactory evidence that an actual breach had taken place.

The Countess of Mar

asked Her Majesty's Government:

Whether a Regulatory Impact Assessment has been made by the Cabinet Office Better Regulation Unit on Meat Hygiene Service Charges; if so, whether they will place a copy in the Library of the House; and, if not, why not. [HL3367]

Lord Donoughue

A Regulatory Appraisal on the Meat (Hygiene and Inspection) (Charges) Regulations 1998 was placed in the Library of the House by the Ministry of Agriculture, Fisheries and Food on 27 August 1998.

A Regulatory Impact Assessment on the Specified Risk Material (Inspection Charges) Regulations 1999 was placed in the Library of the House by the Ministry of Agriculture, Fisheries and Food on 8 March 1999.

Lady Kinloss

asked Her Majesty's Government:

Whether the relevant Minister, on being informed of alleged contraventions by a slaughterhouse owner or manager or his staff of Meat Hygiene or Specified Risk Material regulations, has ever decided against initiating a prosecution against the advice of officials and, if so, on how many times. [HL3318]

Lord Donoughue

The Minister of Agriculture, Fisheries and Food has been responsible for these matters since April 1995 on the creation of the Meat Hygiene Service. Prosecutions are initiated by the Ministry's Legal Department and, except in any case of exceptional public interest, it is they who will take the decisions on prosecution. The Minister has not overruled a decision to prosecute in this area of regulation during this period. The Ministry's lawyers themselves have on a significant number of occasions, the exact number of which is not readily retrievable, having considered the reports of the investigation officers decided not to prosecute either because of insufficient evidence or because it would not be in the public interest.

Lord Swinfen

asked Her Majesty's Government:

Whether the separation of the audit function of the proposed Food Standards Agency in relation to the Meat Hygiene Service from the day-to-day operation of the Service, is sufficient guarantee of its independence and impartiality when the staff carrying out the audit will be employed by the Food Standards Agency, of which the Meat Hygiene Service will be a part. [HL3306]

Lord Donoughue

The precise arrangements will be a matter for the Food Standards Agency (FSA) Board once it has been appointed. It is envisaged, however, that the board of the FSA will establish a sub-committee with external members to supervise the MHS. Under this arrangement, those responsible in the FSA for the audit of the MHS would report direct to the sub-committee. In addition, the State Veterinary Service of MAFF (SRM controls), the National Audit Office, (finance and accounts), the British Standards Institution (quality standards) and inspectors of the European Commission's Food and Veterinary Office (implementation of Community law) will all continue their independent audits of those elements of the MHS activities in which they have an interest.

Viscount Addison

asked Her Majesty's Government:

What criteria are used by Meat Hygiene Service staff to assess whether soiling in slaughterhouse lairages after retention of animals overnight should be considered unacceptable. [HL2984]

Lord Donoughue

The Fresh Meat (Hygiene and Inspection) Regulations 1995 (as amended) require slaughterhouse owners to keep lairages clean.

Meat Hygiene Service (MHS) staff carry out ante-mortem inspection of all animals prior to slaughter. Only clean animals that meet the criteria specified in the MHS's Clean Livestock Policy are allowed to proceed to slaughter for human consumption.

Lord Glentoran

asked Her Majesty's Government:

What plans they have to arrange for the independent auditing of the Meat Hygiene Service, by the Food Standards Agency, when:[t is absorbed into the Food Standards Agency. [HL3123]

Lord Donoughue

The precise arrangements will be a matter for the Food Standards Agency (FSA) Board once it has been appointed. It is envisaged, however, that the Board of the FSA will establish a sub-committee with external members to supervise the MHS. Under this arrangement, those responsible in the FSA for the audit of the NIHS would report direct to the sub-committee. In addition, the State Veterinary Service of MAFF (SRM controls), the National Audit Office, (finance and accounts), the British Standards Institution (quality standards) and inspectors of the European Commission's Food and Veterinary Office (implementation of Community law) will all continue their independent audits of those elements of the MHS activities in which they have an interest.

Lord Palmer

asked Her Majesty's Government:

Why the Veterinary Medicines Directorate charges the meat industry 62 per cent. more than the actual costs incurred by it for residue testing. [HL3330]

Lord Donoughue

Directive 96/43/EC. on the financing of veterinary inspections and controls on live animals and certain animal products, obliges member states to recover from the industry affected, all the costs incurred in carrying out the residues surveillance work. However, the directive also specifies minimum charge rates and member states are not permitted to fix a rate below the relevant minimum charge.

In the case of poultry the charge is set at the minimum allowed by Directive 96/43/EC. However, the income raised by setting the charge at the EU minimum exceeds the cost of the surveillance programme in this sector, currently by some 35 per cent., following the appreciation of sterling, which has the effect of reducing the minimum charge expressed in national currency.

The Veterinary Medicines Directorate is aware of the industry's concerns over the charges and has discussed with the poultry industry the possibility of securing a reduction in the minimum charge. This issue is being taken forward with Commission officials.

Viscount Long

asked Her Majesty's Government:

What criteria are used by the Meat Hygiene Service to determine the fitness of Meat Hygiene Inspectors; and how many hours' experience of carrying out the post-mortem inspection of animals in slaughterhouses a senior Meat Hygiene Inspector would be expected to have. [HL3035]

Lord Donoughue

Senior Meat Hygiene Inspectors (SMHIs) and Meat Hygiene Inspectors (MHIs) are required under Directive 64/433/EEC, as amended, to undertake a minimum of 200 hours' practical training under the supervision of an Official Veterinary Surgeon (OVS). The major part of this training will be in the post-mortem inspection of animals.

Once qualified, the day-to-day performance of SMHIs and MHIs and their overall fitness for work is monitored by an OVS.

Lord Addington

asked Her Majesty's Government:

How many hours of practical tuition and practical experience in slaughterhouses under supervision Meat Hygiene Inspectors are required to have in the post-mortem inspection of animals. [HL3030]

Lord Donoughue

Senior Meat Hygiene Inspectors (SMHIs) and Meat Hygiene Inspectors (MHIs) are required under Directive 64/433/EEC, as amended, to undertake a minimum of 200 hours' practical training under the supervision of an Official Veterinary Surgeon (OVS). The major part of this training will be in the post-mortem inspection of animals.

Once qualified, the day-to-day performance of SMHIs and MHIs and their overall fitness for work is monitored by an OVS.