Food Standards Bill -
Amendments to be debated in the House of Lords
- continued
House of Lords

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Clause 19
 
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
THE BARONESS WILCOX
 
57      Page 9, line 27, leave out from ("Agency") to ("publish") in line 28 and insert ("shall (unless it can justify specific considerations of confidentiality why it should not)")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
58      Page 9, line 31, after ("through") insert ("monitoring and research under section 8")  
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
59      Page 9, line 33, after ("information") insert (", excluding personal data,")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
 
60      Page 9, line 39, leave out subsection (3)  
   
BY THE BARONESS HAYMAN
 
61      Page 10, line 13, leave out subsections (7) and (8) and insert--
 
    ("(  )  In this section "enactment" means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.")
 
   
Clause 20
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
62      Page 10, line 33, at end insert ("but ensuring that the guidance is received by the relevant authorities before it is released to the general public or the media")  
   
Clause 21
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
63      Page 10, line 43, at end insert--
 
    ("(  )  The Agency shall publish a notice period of not less than twenty working days before implementation of any activity which does not fall under section 20.")
 
   
Clause 22
 
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
 
64      Page 11, line 11, after ("shall") insert (", following consultation with all interested parties including members of the public,")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
65      Page 11, line 16, after ("activities") insert ("and any administrative arrangements established within concordats with other appropriate bodies")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
 
66      Page 11, line 17, leave out (", where appropriate,")  
   
BY THE BARONESS WILCOX
THE LORD CLEMENT-JONES
 
67      Page 11, line 30, leave out ("its decisions") and insert ("the decisions of the Agency and its committees and Agency representatives on other committees")  
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
68      Page 12, line 1, after ("section") insert (", following consultation with all interested parties including members of the public,")  
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
69      Page 12, line 6, at end insert--
 
    ("(9)  The Agency shall submit annually to Parliament on the anniversary of the approval of its first statement a revised version laying down its current objectives and how it intends to attain them.")
 
   
Clause 23
 
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
 
70      Page 12, line 15, after ("costs") insert (", including any potential long-term costs to public health,")  
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
71      Page 12, line 19, at end insert ("; and
    (  )  whether it is possible simultaneously to reduce the burden or cost (or both) of bureaucracy elsewhere")
 
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
 
72      Page 12, line 19, at end insert ("; and
    (  ) the precautionary principle")
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
73*      Page 12, line 19, at end insert ("; and
    (  )  the need for transparency, accountability, targeting, consistency and proportionality in the conduct of its activities")
 
   
Clause 24
 
   
BY THE BARONESS HAYMAN
 
74      Page 12, line 36, leave out paragraph (b) and insert--
    ("(b)  by the Scottish Ministers (in so far as it is exercisable by them within devolved competence or by virtue of an Order in Council made under section 63 of the Scotland Act 1998);")
 
   
After Clause 24
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
75      Insert the following new Clause--  
      ("  .--(1) The Secretary of State shall set in place an appeals procedure under which individuals or bodies may appeal against decisions of the Agency.
 
    (2)  If an appeal is upheld the Secretary of State may give the Agency such directions as he may consider appropriate for remedying the situation.")
Appeals.
   
Clause 26
 
   
BY THE BARONESS HAYMAN
 
76      Page 14, line 31, leave out subsection (2) and insert--
 
    ("(2)  The functions of the Department of Agriculture for Northern Ireland under--
    (a)  Part I of the Food and Environment Protection Act 1985; and
    (b)  Part II of the 1991 Order (except Articles 8(7), 10(5) to (7), 11(5) to (10), 18(1), 22 and 25(2)(e) and Schedule 1),

shall cease to be exercisable by that Department.
 
    (3)  Subsections (1) and (2) do not affect enforcement functions under directions or subordinate legislation under the enactments mentioned in those subsections (or any power under those enactments to confer such functions in directions or subordinate legislation).")

 
   
After Clause 26
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
77      Insert the following new Clause--  
      (".  Responsibility for the Meat and Hygiene Service shall be assumed directly by the Secretary of State.") Meat and Hygiene Service.
   
Clause 27
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
78      Page 15, line 19, after ("other") insert ("specified")  
   
Clause 28
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
79      Page 16, line 2, after ("for") insert ("or knowledge of")  
80      Page 16, line 6, leave out ("Ministers") and insert ("Departments")  
81      Page 16, line 7, leave out ("Ministers") and insert ("Departments")  
   
Clause 29
 
   
BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
 
82      Page 16, line 19, leave out ("from time to time") and insert ("regularly")  
83      Page 16, line 32, leave out subsection (3) and insert--
 
    ("(3)  Section 118 of the Medicines Act 1968 (restrictions on disclosure of information) shall not apply in relation to the disclosure of information to the Agency for the purpose of a consultation under this section.
 
    (4)  Where information of a description mentioned in section 118 of that Act is disclosed to the Agency for the purpose of such consultation, the Agency--
    (a)  shall take account of any considerations of confidentiality attaching to the information; but
    (b)  shall disclose the information (or any of it) for the purpose of any of its functions if it appears to the Agency to be in the public interest to do so.")
 
   
BY THE BARONESS HAYMAN
 
84      Page 16, line 35, at end insert--
 
    ("(4)  This section applies to the Department of Health and Social Services for Northern Ireland and the Department of Agriculture for Northern Ireland as it applies to the Minister of Agriculture, Fisheries and Food.")
 
   
Clause 30
 
   
BY THE BARONESS HAYMAN
 
85      Page 17, line 3, at end insert--
 
    ("(4A)  The provision which may be made in an order under this section by virtue of section 37(1)(a) includes provision amending or repealing any enactment or subordinate legislation.")
 
   
Clause 31
 
   
BY THE BARONESS HAYMAN
 
86      Page 17, leave out lines 20 to 22 and insert ("shall have the same power to make provision by order for Northern Ireland by reference to the 1991 Order as the Ministers have by virtue of section 30 to make provision by order for England and Wales or Scotland by reference to the 1990 Act.")  
   
Clause 32
 
   
BY THE BARONESS HAYMAN
 
87      Page 17, line 25, leave out subsections (1) to (3) and insert--
 
    ("(1)  Her Majesty may by Order in Council make such provision as She considers appropriate for modifying--
    (a)  the functions exercisable under this Act by any of the appropriate authorities (including functions exercisable jointly by two or more of them);
    (b)  the powers under this Act of either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly;
    (c)  the constitution of the Agency.

    (2)  Without prejudice to the generality of subsection (1), provision made under paragraph (a) or (b) of that subsection may--

    (a)  confer on any one or more of the appropriate authorities functions (including powers to make subordinate legislation) which relate to anything connected with the Agency or its activities;
    (b)  confer powers on either House of Parliament, the Scottish Parliament or the Northern Ireland Assembly.

    (3)  Where provision is made under subsection (1)(a) or (b), the provision which may be made in the Order by virtue of section 37(1)(a) includes provision modifying functions of, or conferring functions on, the Agency or any other person in connection with any one or more of the appropriate authorities or with any body mentioned in subsection (1)(b).
 
    (3A)  For the purposes of subsection (1)(c) the reference to the constitution of the Agency is a reference to the subject-matter of sections 2 to 5 and 39(7) (together with Schedules 1, 2 and 4).
 
    (3B)  The provision which may be made by an Order under this section does not include provision modifying this section or section 33 (except that where provision is made under subsection (1)(c) the Order may make consequential amendments to subsection (3A)).")

 
   
Clause 33
 
   
BY THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS BYFORD
 
       The above-named Lords give notice of their intention to oppose the Question that Clause 33 stand part of the Bill.  
   
Clause 35
 
   
BY THE BARONESS HAYMAN
 
88      Page 19, line 9, at end insert--
 
    ("(2)  It is not outside the legislative competence of the Scottish Parliament, by virtue of the reservation of matters relating to the constitution mentioned in paragraph 1 of Schedule 5 to that Act, to remove, alter or confer relevant functions of the Agency which are exercisable in or as regards Scotland.
 
    (3)  Nothing in subsection (2) affects any legislative competence of the Scottish Parliament apart from this section.
 
    (4)  Relevant functions of the Agency in relation to Northern Ireland shall be regarded as functions of a Minister of the Crown for the purposes of paragraph 1(a) of Schedule 2 to the Northern Ireland Act 1998 (excepted matters).
 
    (5)  In this section "relevant functions of the Agency" means functions relating to, or to matters connected with--
    (a)  food safety or other interests of consumers in relation to food; or
    (b)  the safety of animal feedingstuffs or other interests of users of animal feedingstuffs.")
 
   
After Clause 35
 
   
BY THE BARONESS BYFORD
THE LORD LUKE
 
89*      Insert the following new Clause--  
      (".--(1)  The Secretary of State shall, five years after the Agency commences its operation, conduct a review to consider whether its remit should be extended to include pesticides and veterinary medicines.
 
    (2)  In carrying out the review under subsection (1), the Secretary of State shall consult such bodies and people he considers appropriate.")
Review of Agency's remit.
 
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Parliamentary copyright 1999
Prepared 11 October 1999