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Mr. Robert Key (Salisbury): It is clear that the police had advance notice of the demonstration and that they used every possible method to take advantage of that. Does the Home Secretary agree that they had their hands tied behind their backs? When the House passed the Criminal Justice and Public Order Act 1994, it was clearly the intention of the House that trespassory assemblies on public highways should not be allowed in certain circumstances, and that the police should have power to impose exclusion orders. That power was removed by the Law Lords in a case last year. Would it not have been to the advantage of the police, and of the whole community, if that matter were now remedied? Will the Home Secretary consider introducing measures to amend the law in that respect? I assure him that the City of London police are not alone. If it were not for that judgment, the events in the City of London might not have occurred--and nor would those that took place at Stonehenge in my constituency last night.
Mr. Straw: The hon. Gentleman is correct. Certainly, the Appellate Committee of the other place, by the judgment that it made, chose considerably to restrict the circumstances in which exclusion orders can be imposed to restrain trespassory assemblies. I fully understand and share his concerns not only about the events that took place last Friday in the City of London, but about the terrible events that occurred in the Stonehenge area of his constituency overnight. I also fully comprehend the concern of the Wiltshire constabulary, to whom I pay tribute for the way in which they and the other forces involved tried to deal with that dreadful disorder. I shall discuss the question of what appears to be a lacuna in the law, following the decision of the Appellate Committee. After those discussions, we shall take steps to remedy the gap.
Mr. Dominic Grieve (Beaconsfield): Although I share the Home Secretary's proper concern that civil liberties in this country should be upheld, and I understand, therefore, that that is bound to fetter the way he responds to anticipated demonstrations of this kind, is it not true that powers do exist both to divert and to regulate such demonstrations? In circumstances in which the organisers have refused to enter into any form of co-operation beforehand as to how a peaceful demonstration will take place, should that not be considered if a future
demonstration of this type is planned--in which no co-operation whatever as to how it can be carried out peacefully is extended to the police?
Mr. Straw: The hon. Gentleman is correct to say that, notwithstanding the difficulties following the judgment of the Appellate Committee, powers exist to divert and to regulate demonstrations in certain circumstances. However, it is not an offence for people to seek to pass up and down the highway as part of a demonstration. The regulation of demonstrations in which the organisers deny their role as organisers and are, in essence, intent on covert criminal conspiracies is extremely difficult.
The judgments as to which powers to seek--when, for example, they depend on the approval of the local authority, the Secretary of State or, in some cases, both--have to be made, in the first instance, by the chief officers of police. I do not see it as my job--I am sure that the hon. Gentleman does not see it as his--to try to second-guess their professional judgment. I see it as my job to ensure that chief officers of police and all the officers who bravely act under them are fully backed in whatever judgments they make in what are often extremely difficult circumstances.
Food Standards Bill
Order for Second Reading read.
Mr. Deputy Speaker (Mr. Michael Lord):
Before I call the Minister, I should remind the House that Madam Speaker has placed a limit of 15 minutes on all Back-Bench speeches for the entire debate.
5 pm
The Minister of Agriculture, Fisheries and Food (Mr. Nick Brown): I beg to move, That the Bill be now read a Second time.
Today's Second Reading debate takes forward a significant public protection measure; this Bill provides a new framework for food safety and food standards. It is based on openness, transparency and best science.It requires the Food Standards Agency to act proportionately--to consider the nature and costs of risks, and the cost and benefit of its risk management. The Bill addresses public concerns; it puts the interests of consumers first. It is intended to protect the public and, more than that, to underpin public confidence.
The proposals in the Bill must have been subject to some of the most intensive consultation of any measure to reach this House. The Bill was a commitment in the Labour party's 1997 manifesto. Immediately afterthe election, we published Professor James's report with the initial proposals for the agency. We pressed on with the White Paper and earlier this year, published a draft Bill for consultation.
As well as consulting on the draft Bill, the House agreed to set up a Special Select Committee to scrutinise the Bill. I am grateful to the Committee for its work, which has helped to inform the final shape of the Bill. Alongside all that, ministerial colleagues--I pay particular tribute to the work of my hon. Friend the Minister of State--and I have held a series of meetings on the proposals with interested parties, as well as public meetings.
At every stage of consultation, the proposals for the agency have received resounding support. What criticism there has been was directed at the proposal for a levy to fund the agency's additional work. There were objections to the flat-rate levy proposal and, more significantly, to the proposal for the rate of the levy to increase over time. The Government have taken the consultation on all that very seriously and have decided, as the House will know, not to proceed with the levy proposal.
Mr. Cynog Dafis (Ceredigion):
The Government's concession is much appreciated. The Farmers Union of Wales, for example, has taken it as an indication of the Government's willingness to listen to such concerns. Does the Minister recognise that the same principle might apply to the Meat Hygiene Service? Huge costs and regulation are weighing down producers and abattoirs. Will the Minister undertake to consider that issue very seriously?
Mr. Brown:
The Government listened on the levy, and we are not only listening very carefully on the matter of costs that fall on the abattoir industry. A current review
For the avoidance of doubt, I should make it clear that the Bill facilitates the agency's undertaking of work, along with the Department of Health, in the area of nutrition. That means that, among other things, the agency will be able to work with health education and promotion bodies in disseminating information to the public. Before dealing with the agency's other functions, I shall deal with appointments.
In response to the Select Committee, the Government promised that we would say something about the procedures that we were adopting for the appointment of the chairman, deputy chairman and members of the agency. The power to make such appointments is set out in clause 2. Appointments will be a matter for my right hon. Friend the Secretary of State for Health and his opposite numbers in Scotland, Wales and Northern Ireland. The agency will report to Parliament through Health Ministers. Appointments will be carried out under Nolan rules. The procedure will be absolutely fair and open. Alongside that, it will be subject to independent scrutiny.
All posts will be advertised in the national press and in Scotland, Wales and Northern Ireland, and in specialist ethnic minority publications. The only way for anyone to be considered will be to complete an application form. The process of advertising will begin in a few days' time, following the decision of the House on Second Reading.
The members of the agency will collectively provide a reasonable balance of relevant skills and experience. I anticipate that the majority will come from a wider public interest background, without specific affiliation. However, that does not mean that an involvement with a food or agriculture-related business will automatically exclude someone from consideration. All applicants will have to declare all personal interests or connections, and the appointment panels will be charged with probing potential conflicts of interest very carefully. I must make it clear that there are no specific interests--commercial or public--which would automatically exclude any candidate.
The agency's functions lie at the core of the Bill. The Food Standards Agency is being established as the principal authority in Government on food safety and standards matters. It will be the chief source of policy advice to Ministers and other public authorities. Its functions will include drafting and making recommendations on legislation, negotiating in the European Union and internationally on behalf of Ministers, and providing the necessary information and assistance to support decision making. In carrying out that role, the agency will operate from day to day at arm's length from Ministers. However, responsibility for making legislation and ultimate democratic accountability remain, very clearly, with Parliament.
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