Official Report: Minutes of Evidence

The Chairperson (Ms Maeve McLaughlin): I refer members to the Committee Clerk's paper in your meeting pack. It summarises the discussions that we have had on each clause of the Food Hygiene Rating Bill. An updated list of proposed amendments from the Food Standards Agency (FSA) is also in the pack. Last week, members indicated that, as a Committee, we are content with the majority of the FSA proposals, and we just need to iron out a few issues.

As agreed at last week's meeting, the Clerk has sought legal advice about the website issue. We will receive that legal advice and consider the issue further at our meeting on 15 April. Since our meeting last week, the FSA has again written to the Committee on the issue, and that letter is in your tabled papers. They propose a further amendment to clause 14, suggesting that we can consider it further in light of our discussions on the same issue on 15 April.

The purpose of today's meeting is for the Committee to consider each clause and ascertain whether we need any further information before our formal clause-by-clause consideration at our meeting on 22 April. I emphasise that we are not taking any formal decisions today. I will take each clause in turn. Officials are in the Public Gallery and are available to come to the table if required on any clause.

A number of technical issues were raised about clause 1 and the definition of an inspection. We also discussed the fact that the Bill does not cover business-to-business supply of food. However, clause 1(7) allows that to be changed, if necessary, at a later date. The FSA is not proposing any amendments to clause 1.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA is proposing a number of amendments to clause 2, which deals with the notification and publication of a rating. There will be an amendment to allow councils to provide some information at an earlier date than the notification of a rating. All information, however, is still required to be provided within 14 days. There will be an amendment to introduce a timescale of 34 days, within which councils must inform the FSA of a rating, and a timescale of seven days after the end of the appeal period within which the FSA must publish the rating online. An amendment is also proposed to define the end of the appeal period.

The FSA is proposing an amendment on the regulations that will be required for the format of the sticker. That will allow the potential for different types of stickers, such as those with council branding, and will specify who will pay for the different types of stickers.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA is proposing an amendment to clause 3 requiring a council to inform the FSA of the outcome of an appeal or whether an appeal has been abandoned. If a rating has changed as a result of an appeal, the FSA must publish the new rating online within seven days. The amendment is consistent with the amendment to clause 2(5).

We had discussions about the Pubs of Ulster proposal, which is in favour of the Bill being amended to allow for a period of grace within which businesses would be allowed time, after an inspection, to fix issues without their rating being downgraded. Pubs of Ulster had a lengthy discussion with the FSA on the matter, and its position is that a grace period would be a radical change to the scheme and would undermine one of its key purposes, which is to encourage self-compliance by businesses. The FSA also pointed out that clause 4 contains a right to rerate. The period within which a rerating can be requested has been reduced from six months to three months to recognise the right of businesses to make fairly swift improvements to achieve a higher rating. Given those reasons, members indicated last week that they were content with the FSA position.

Ms P Bradley: That is a fairly good compromise.

The Chairperson (Ms Maeve McLaughlin): Thank you. Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA is proposing an amendment to clause 4 to require a council to notify the FSA of the outcome of a rerating within 34 days. It will also require the FSA to publish the new rating online within seven days of the end of the appeal period. That mirrors the arrangements in clause 2.

An amendment is also proposed to allow the Department, through subordinate legislation, to limit the number of occasions on which a business can request a rerating. This amendment is a consequence of the FSA's decision to remove clause 14(8), which the Committee believed gave powers to the FSA that were too wide-ranging to be able to change the Act after review. This amendment to clause 4 on the number of reratings is much more limited in nature.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA is proposing a number of amendments to clause 5, which deals with the right of reply. It is proposing an amendment to specify a time period of 21 days within which councils must deal with the right to reply. The FSA is also proposing an amendment to specify a time period of seven days within which it must publish a right of reply online. There is also an amendment to link the publication of the right of reply to the publication of the rating to which it refers.

Members were concerned about the councils' power to edit representations or to choose not to send them to the FSA, and about the fact that the FSA would have no way of knowing this. We have been advised by the FSA, however, that guidance for councils on the reasons for editing or refusing to send representations will accompany the Bill. As with the operation of other parts of the scheme, there has to be an assumption that councils will carry out their responsibilities in a professional manner and in line with law and guidance. The FSA also has the power to audit the way in which councils are operating the scheme. Given those reasons, members indicated last week that they were content with the FSA position.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA is proposing a technical amendment to remove clause 6(4).

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA is not proposing any amendments to clause 7. Members are concerned, however, that the Bill does not require businesses to display their rating on their website, because food orders may be placed directly through a website. The Committee has sought legal advice on the matter, and, as I said, we will discuss it further on receipt of the legal advice on 15 April.

Are members content to move on to the next clauses?

The Chairperson (Ms Maeve McLaughlin): The FSA does not propose any amendments to clauses 8 to 11. Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA has proposed an amendment to clause 12 to allow councils the flexibility to provide information to businesses at different stages of the registration process.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA does not propose any amendments to clause 13. Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA proposes a number of amendments to clause 14, which deals with the review of the Act. The amendments take on board the concerns of the Committee and the Examiner of Statutory Rules that the clause as drafted is too wide-ranging. The FSA proposes to remove clause 14(8). It also proposes an amendment to clause 14 to require it to promote the scheme. It has acknowledged, for example, that it could do more to publicise the fact that all ratings are available on the website for consumers' information. While the amendment does not deal with our concerns regarding the website issue, I do not think that the Committee would have any objection to its being part of the Bill.

The FSA proposes a further amendment to clause 14 in the letter dated 16 March, which is in members' tabled papers. Again, this is about the website issue. As I mentioned, it would make sense for the Committee to consider this proposed amendment at our meeting on 15 April, when we have received the legal advice.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): No amendments are proposed to clause 15. Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): A new clause is proposed: "Adjustment of time periods". It will allow the Department to amend the time periods specified in the Act by substituting a different time period; for example, the 14 days within which a council must notify a business of its rating could be changed through subordinate legislation. That power can be exercised at any time and not just as a result of carrying out a formal review of the Act, which is consistent with other clauses. The new clause will also allow councils and the FSA flexibility on meeting various timescales in the Act, because of Christmas closure of council or FSA premises and exceptional circumstances. The guidance accompanying the Bill will clarify what will constitute exceptional circumstances, and the FSA has the power to audit the way in which councils apply the exceptional circumstances rule. In light of that explanation, members indicated last week that they were content with the FSA position.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA proposes a technical amendment to clause 16.

Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): No amendments are proposed to clause 17. Are members content to move on to the next clause?

The Chairperson (Ms Maeve McLaughlin): The FSA proposes an amendment to clause 18 on powers for limiting the number of reratings through subordinate legislation. That reflects the amendment to clause 4.

Are members content to move on to the next clauses?

The Chairperson (Ms Maeve McLaughlin): No amendments are proposed to clauses 19 and 20. Are members content to move on to the schedule?

The Chairperson (Ms Maeve McLaughlin): No amendments are proposed to the schedule. Are members content to move on?

The Chairperson (Ms Maeve McLaughlin): Members have no further issues that they wish to raise.

I advise members that, at our next meeting on 15 April, we will consider the legal advice on the website issue. We will then move to the formal clause-by-clause consideration of the Bill on 22 April, when we will, I stress, take formal decisions on each clause.