Food Fraud

George Eustice Excerpts

Monday 8th September 2014 Commons Chamber

[Huw Irranca-Davies]

I could not agree more. I hope that the Minister will also say that that is the way forward. It is not only about routine checks or risk assessment-based checks but turning up unannounced.

The hon. Lady rightly made a point about Troop and the FSA leadership, and clarity of roles. She also talked about the police’s powers of arrest, and I will be interested in the Minister’s response to that.

The hon. Member for Somerton and Frome (Mr Heath), a former Minister in the Department who also has great experience, discussed the importance of cultural change, which is crucial. He rightly talked about the importance of driving this through every area, including catering. It has to go deep into every individual sector and employee as well as the bosses and the leadership. The importance of caterers was brought home in the horsemeat scandal, because horsemeat was appearing not only in hospitals and schools but in the food used by caterers who were supplying Royal Ascot and the royal family—so at least we were all in it together.

On the complexity of the supply chain, Elliott says that we have to recognise that, even though it is more desirable to have shorter supply chains and to encourage food retailers and providers to move towards them, we are in a global system, under which global intelligence and the pursuit of crime come into play. He also says, wisely, that ultimately the food price wars that take place from time to time, including now, are not good for the consumer if they jeopardise food authenticity or—heaven help us—food safety.

The hon. Member for York Outer spoke up strongly for British farming and food produce. He talked about the gold standard of British farming and I agree with him. Curiously, when we were on the Government Benches, others would shout at us about gold-plating, but that is exactly the gold standard he was talking about. That is the reason our exports to many other countries are doing well—they demand the standards of animal welfare, hygiene and testing that this country delivers. Regulation is a darn good thing when it protects the consumer and allows us to export around the world. Curiously, the FSA has traditionally been looked on as the gold standard of food regulation.

The hon. Gentleman also talked wisely about the importance of knowing where our food actually comes from. There is a great deal of work to do on that right across the population, ourselves included. There is real value in knowing where food comes from; it ties into so many good things.

The Labour party is very clear—as we were when we were in government—that the consumer has always to be put first. That is why, when in government, we established a strong and independent Food Standards Agency, which had a powerful reach right across Government to regulate this vital industry that creates so many jobs and that wants the very highest standards. However, the changes brought about by tinkering with the machinery of government have jeopardised that.

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

Professor Elliott says in his report that when the FSA had control of authenticity testing in 2007-08, under the previous Government, it took the decision, as an independent body, to cut spending on the testing programme. If the hon. Gentleman had been a Minister at the time and had received a submission recommending such a cut, would he have agreed with it or might he have questioned it?

[Huw Irranca-Davies]

I was not the Minister at the time, but I would like the hon. Gentleman to continue to make his point, because Professor Chris Elliott was unable to address the detail. Will he confirm whether authenticity testing continued even though it had been reduced?

--- Later in debate ---

[George Eustice]

Yes, it continued, but the point Elliott makes is that the FSA, as an independent body, took the decision to start winding down authenticity testing.

[Huw Irranca-Davies]

Let me put it back to the hon. Gentleman: when the coalition Government entered office in 2010, one of their first decisions in DEFRA was to split away authenticity testing. At that point, did they think it was appropriate to increase investment in it? We could go back and forth on this issue, but authenticity testing was still happening at that time, even if it had been reduced. I am interested in the detail, but it was continuing.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (George Eustice)]

I congratulate the hon. Member for Brecon and Radnorshire (Roger Williams) on securing the debate. He expressed some disappointment about the number of Members attending, but we have had a really substantive event; it does not take away from the gravity of the subject because the speeches made have really got to grips with the issues. Let me start by making it absolutely clear that food fraud is totally unacceptable: it is a crime, and this Government will not stand by while consumers are duped and deceived.

As my hon. Friend the Member for York Outer (Julian Sturdy) made very clear, food and drink manufacturing is important to this country. It is our largest manufacturing sector, a significant contributor to economic growth and a big employer. British food is renowned throughout the world for its quality, and our farming industry is world-renowned for our high animal welfare standards. The integrity of our food supply chain is essential for the great reputation of our exports, as well as for the confidence of consumers at home.

I want to say a little about the action that the Government and others have already taken since the horsemeat scandal broke at the beginning of last year. First, there has been robust testing of meat by industry and by the Government, with more than 50,000 tests of processed beef products carried out during that time, and I can say that no horsemeat was present in any of those 50,000 tests undertaken since the initial scandal at the beginning of last year. The Government have provided an additional £2 million of funding to local authorities for food sampling in the current financial year to help them carry out that vital consumer protection role.

We have commissioned additional sampling and testing for authenticity in response to intelligence that has been received. The hon. Member for Brecon and Radnorshire cited the example of lamb kebabs that did not contain as much lamb as they ought to have done. There has been comprehensive sampling of take-away meals to seek undeclared meat and undeclared allergens, which are another cause of concern. We have also instigated the development of new testing to ascertain provenance and country of origin, so that we can check that the country of origin that is stated on the label is correct and that those who claim that products come from the UK are being honest.

Finally on testing, we are developing and road-testing a new method to detect undeclared offal in processed meat products. The hon. Member for Ogmore (Huw Irranca-Davies) asked me what area we would look at next and where we think there might be additional problems. This is an area that we highlighted very early on. That is why we have been developing testing in the area.

At the end of last year, the FSA set up a new intelligence hub to collect, analyse and share information on emerging risks. We have also taken action to empower consumers to understand where their food comes from. That includes improved country of origin labelling requirements for products such as lamb and pork that have been set at an EU level, which take effect from April next year. The UK argued strongly for those changes. We are also improving the public procurement of food and catering services to provide schools and hospitals with high-quality British food.

A great deal has been done, but this debate has focused very much on the final report of Professor Christopher Elliot, which was published last Thursday. I want to say at the outset that the Government have accepted all Professor Elliott’s recommendations. As I said earlier, many of them are already being implemented. We will be taking forward other improvements that were recommended by him to ensure that consumers have absolute confidence in the food that they buy. I think that there can be a universal consensus around the House about the key point that Professor Elliott made: the consumer must come first.

Chief among Professor Elliott’s recommendations was the formation of a new food crime unit, based within the Food Standards Agency. That will build on the intelligence hub that was established in the FSA at the end of last year, but will add investigative powers. We have made a commitment to establish the unit and it will be fully operational by the end of the year. Initially, it will focus on building the intelligence and evidence picture of the risks and nature of food fraud in the UK.

It is important to note that Professor Elliott made it clear both in his interim report and his final report that the incentives for organised crime to get involved in food fraud are high. The hon. Member for Poplar and Limehouse (Jim Fitzpatrick) highlighted that in his contribution. Although Professor Elliott stated that he was unable to find any credible evidence of serious organised criminals operating in this area in the UK, he highlighted the serious risk of that happening, given the incentives. The Government are not at all complacent about that. If there is any evidence of criminality in our food supply chains, we are determined to find it and fight it.

A number of Members, including the hon. Member for Ogmore, highlighted the importance of whistleblowing. That is the subject of one of the main recommendations made by Professor Elliott. There is a concern that employees and others who have knowledge of food fraud do not feel that they have the right mechanism through which to alert people. The FSA has had a whistleblowing service, but it is fair to say that the awareness of it has not been sufficiently high. The FSA is looking seriously at steps that can be taken to increase people’s knowledge of the whistleblowing service. In addition, steps are being taken by the food industry to put in place similar measures to make it easier for whistleblowers to report wrongdoing.

Linked to that issue is the need for better intelligence gathering and sharing across Government and the industry to improve our ability to protect consumers. As a number of hon. Members said, Professor Elliott spoke about the need for a safe haven for industry so that businesses can share intelligence in a way that does not compromise commercially sensitive information. The FSA has made a commitment to improve its systems for dealing with sensitive information and to facilitate the kind of intelligence sharing and analysis for which Professor Elliott called. We will work with the industry to facilitate its development of a safe haven to contribute to that intelligence-sharing process.

A number of hon. Members, including the Chair of the Environment, Food and Rural Affairs Committee, my hon. Friend the Member for Thirsk and Malton (Miss McIntosh), and my hon. Friend the Member for Tiverton and Honiton (Neil Parish), talked about the importance of supply chain audits. That is another key theme throughout Professor Elliott’s report that we want to learn from. Professor Elliott highlighted the action that the food industry has already taken to assure the integrity of its supply chains and restore consumer confidence following the horsemeat fraud.

Professor Elliott made a number of key recommendations for the industry on that issue. First, he said that there should be a shift of emphasis towards the use of unannounced audits and the use of sampling as part of the audit process to act as a deterrent. My hon. Friend the Member for Tiverton and Honiton made the point powerfully that we need to have unannounced audits if the audits are to be meaningful.

Secondly, Professor Elliott made an important point about duplication in the audit process. The hon. Member for Ogmore has talked about Government Members being negative about regulation. We believe in having regulation where it serves a purpose, but we should all share the hope that we can remove duplication. Professor Elliott made the point that a lot of retailers are doing similar audits, but with slight differences. There is a good case for the British Retail Consortium bringing its members together to review their audit standards and give consistency to their approach to audits so that there is a single industry audit system. He also called for the introduction of a new fraud module in the audit, which is incredibly important.

We must recognise what the industry has done to restore confidence in the food supply chain. I commend the work that the Food and Drink Federation has done to introduce a guide to help its members protect themselves against the risk of food fraud. My hon. Friend the Member for Thirsk and Malton referred to that. Although a number of hon. Members, notably the former Minister, the hon. Member for Somerton and Frome (Mr Heath), highlighted concerns about the catering industry, it is important to note the good work that is being done by the British Hospitality Association to engage small catering businesses on good practice in food authenticity, and its work with Whitbread to develop an audit standard for larger food service businesses. He is right to highlight the concern and there might be further difficulties in making progress on that front, but we welcome the work that the industry has done.

The shadow Minister spoke about the machinery of government. He asked why, after the interim report called for a change in the machinery of government, Professor Elliott seems to have stepped back slightly from that. Professor Elliott spells out the reason quite clearly on page 49, where he highlights the fact that representations were made to him regarding the machinery of government changes. He says:

“The review investigated this issue and was able to ascertain that the winding down of the FSA’s food authenticity programme was initiated prior to the machinery of government changes. While not attributing any blame for this decision, it was certainly not helpful”.

The final point he makes is that wherever the boundaries are drawn in the machinery of government, there will still be a need for different parts of the machinery to work together. That is why his ultimate conclusion is that wherever the boundaries are drawn, the most important priority is to have better co-ordination. That is exactly what we will deliver with the food crime unit.

The hon. Member for Poplar and Limehouse spoke about the vital role of local authorities, and around 2,500 trading standards officers provide an important part of our field force in that area. As he knows, we have made available an extra £2 million per year, and the Food Standards Agency runs training programmes for those 2,500 officers in the field. Local authorities have a legal responsibility to do that work under the Food Safety Act 1990, and a number of protocols and service agreements that the FSA has with local authorities set out exactly what is required, which is monitored centrally by the FSA. The hon. Gentleman is right to say that there could be a mixed picture, with some local authorities being better than others, but the FSA monitors them and holds them to their service agreements and requirements.

[Jim Fitzpatrick]

In my exchange with the hon. Member for Somerton and Frome (Mr Heath), I accepted that this issue is not necessarily about extra funding, and it is certainly not about party political control because there are good and bad local authorities. The hon. Gentleman said he believed that the FSA had information about which local authorities were good and which could perform better. Is the Minister personally examining that in discussions with the FSA or with ministerial colleagues in the Department for Communities and Local Government? Getting those local authorities to raise their game, whatever the reason, is an objective that I am sure the Minister holds. Will he reassure the House that he is considering that issue?

[George Eustice]

The FSA manages and monitors the work of local authorities, but one of Professor Elliott’s recommendations is that we should have a new committee on food integrity and food fraud. I will chair that committee, and it will be attended by my colleagues and a Minister from the Department of Health. We will discuss those issues and monitor the situation to which the hon. Gentleman alludes.

Let me mention some of the other points that Members have raised. Sanctions were mentioned, and it is important to note that the maximum penalty is already 10 years. Sentences are ultimately a matter for the courts and the Ministry of Justice, but 10 years is quite a significant sentence. A number of Members asked why we have been so slow to get prosecutions, but as many will know, the City of London police are leading the investigation. There have been five arrests and two prosecutions, which are currently going through the courts. Hon. Members will understand that it is not appropriate for me to comment on ongoing legal cases, but we should recognise that the City of London police have faced challenges as they have had to engage with many different police forces across the European Union to bring prosecutions together, which has taken some time.

My hon. Friend the Member for Thirsk and Malton raised the issue of labelling in the European Union. From April next year we will introduce improved country of origin labelling measures for pork, lamb and goat. In future—just as has been the case for beef for the last decade or so—pigs and sheep must be reared and slaughtered in the country that claims to be the country of origin. That is similar to the situation that pertains for beef production. On traceability, provisions have been in place for more than 12 years, and EC regulation 178/2002 requires all member states to establish a means of monitoring where the food has come from at every stage of production. That legal requirement is enforced by the FSA in this country and by other member states.

My hon. Friend made the good point—my hon. Friend the Member for York Outer also alluded to this—that however good the traceability and labelling systems in place, a long supply chain is not conducive to eliminating food fraud. It is important for retailers to look at their supply chains and try to shorten them. It is also encouraging that many consumers have taken more interest in where their food comes from, and we need both consumers and retailers to take a little more interest.

[Miss McIntosh]

I am grateful to the Minister for giving way because he did not have the chance to reply to this point last Thursday. Will the police have powers of arrest? We will not be rushed by future business, Madam Deputy Speaker. We need to know whether the police will have powers of arrest, and who will pick up the bill for the additional costs of the food crime unit.

[George Eustice]

The key point is that the new food crime unit will have investigative powers, and it is envisaged that people from the National Crime Agency in the police force will be seconded to that unit. As my hon. Friend knows, the police always have powers of arrest—indeed, they have arrested people in this current investigation. The new food crime unit will be properly linked to the police force so that it has those powers.

Finally, let me turn to lab capacity. Professor Elliott raises a specific concern about whether there is consistency between existing private labs and their approach to testing. As a result, we accept his recommendation and have asked the analytical methods working group—an advisory panel to the Government—to consider that issue and ensure consistency. We had no lack of lab capacity in the crisis last year. In fact, our excellent laboratories at the Food and Environment Research Agency in York were on stand-by if they were needed, although in the event they were not. Private labs like LCG, which I will visit tomorrow, led on most of that work. My hon. Friend also mentioned the Danish model and expressed a view—perhaps because she has Danish roots—that it is better than the Dutch model. When it comes to the food crime unit, it is difficult to compare the Danish or the Dutch model with what we have in the UK because we have some 2,500 trading standards officers in local authorities, who are an integral part of our protection in that area.

It is perhaps fitting to conclude where my hon. Friend the Member for York Outer ended his remarks, and with Professor Elliott’s conclusion that we have some of the safest food in the world. I completely agree with him that we should protect the reputation of our hard-working farmers. The Government have introduced a new Government procurement plan which, as my hon. Friend the Member for Richmond Park (Zac Goldsmith) pointed out, will encourage greater sourcing of local food. We are also working to encourage more schools to take a greater interest in and promote food and an appreciation of food in the curriculum. I thank all hon. Members for their contributions to the discussion. We have covered many detailed issues, and I again congratulate the hon. Member for Brecon and Radnorshire on securing the debate.