§ Lord Kennetasked Her Majesty's Government:
What is the present status of Crown immunity; what bodies and agencies may still claim it; whether it is to be abolished; and, if so, when. [HL4439]
§ Lord Falconer of ThorotonCrown immunity is being removed as legislative opportunities arise. In recent years, Crown immunity has been removed from the NHS and from food safety and environmental legislation, so Crown bodies are subject to similar regulatory requirements to others and to statutory enforcement arrangements. In the Competition Act 1998, Crown bodies were made subject to the prohibition of anti-competitive agreements and the abuse of market power. Crown bodies must comply with the requirements of health and safety legislation, although they are excluded from the provisions for statutory enforcement, including prosecutions and penalties. Continuing immunities should not be used to shelter inadequate standards in areas where the Crown is not at present bound by existing requirements. Crown bodies are expected to comply as though these requirements applied to them.