HL Deb 31 March 1999 vol 599 c62WA
The Countess of Mar

asked Her Majesty's Government:

Further to the Written Answers by Lord Donoughue on 15 February (WA 63) and 9 March, whether, as well as having a duty to act in good faith and being expected to act fairly in the enforcement of their statutory duties, officials of the Meat Hygiene Service and the State Veterinary Service have a common law duty to act fairly. [HL1461]

The Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food (Lord Donoughue)

There is no simple Yes or No answer to the question because there is no all-embracing common law requirement to act fairly. The courts do refer to fairness, but this has to be determined in the context of each case. The Ministry does, however, expect the MHS to act in good faith in carrying out its enforcement functions under Meat Hygiene Inspection Regulations.