Question to the Department of Health and Social Care:

To ask His Majesty's Government what plans they have to grant the National Food Crime Unit of the Food Standards Agency powers to present its cases to the courts.

The Food Standards Agency (FSA) National Food Crime Unit (NFCU) works to prevent, detect and investigate fraud within our food system. The Unit develops and presents evidential case files to the Crown Prosecution Service in anticipation of proceedings in the criminal courts, achieving its first end-to-end conviction in 2021. Other cases are shortly to be before the courts. The NFCU’s existing suite of investigatory powers is not wide enough to enable the NFCU to carry out certain investigatory functions for criminal offences outside of general food law. The NFCU is therefore currently dependent on partners like the police to perform some functions such as obtaining search warrants.

Under the Police, Crime, Sentencing and Courts Act 2022, the Secretary of State for Health and Social Care now has the power to grant through regulations access to powers such as those under the Police and Criminal Evidence (PACE) Act 1984 to NFCU officers. Following a public consultation last summer, work is underway on the necessary secondary legislation to grant these powers and bring the FSA under the Independent Office for Police Conduct oversight. Primary legislation would also be necessary to place the use of these investigatory powers by NFCU officers under the inspection remit of His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services and this is expected to be legislated for when parliamentary time allows.