Official Report: Minutes of Evidence

The Chairperson (Ms Maeve McLaughlin): I advise members that the Committee carried out its informal clause-by-clause scrutiny on the majority of the clauses of the Bill on 18 March. The Committee indicated that we were generally content with the approach that the Food Standards Agency (FSA) was taking to amend clauses in response to issues raised by the Committee and that no further information or discussion was required, except in relation to clause 7 and the issue of displaying ratings online. The Committee discussed the issue last week and discussed the proposed amendment from the Food Standards Agency. We were generally content with the amendment; however, we sought assurance that the powers would be exercised in the first set of regulations drafted after the Act comes into operation. We asked the FSA to seek written assurance from the Minister on that point. We now have that assurance at page 3 of your tabled pack. Are members content with the assurance from the Minister and that we require no further discussion of the issue before we move into formal clause-by-clause scrutiny? I will give members a minute to reflect on that.

The Chairperson (Ms Maeve McLaughlin): I just remind you that this is the formal clause-by-clause consideration and is a vital part of the Committee's duties and is needed for the preparation of the Committee report. It is the final opportunity for the Committee to propose amendments.

I will formally put the Question on each clause, and the Committee is required to vote that it is content with the clause as drafted; that it is content with the clause, subject to departmental amendments; that it is not content and wishes to amend; or that it is not content and wishes to oppose the clause. I refer members to the black-and-red copy of the Bill in front of them, so that we can go through each of the clauses.

The Department does not propose any amendments to clause 1. I just remind members that the Committee indicated that it was generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): The Department proposes a number of amendments. These are to allow councils to provide some information at an earlier date than the notification of a rating; to introduce a timescale of 34 days within which councils must inform the FSA of a rating; to introduce a timescale of seven days after the end of the appeal period in which the FSA must publish the rating online; to define the end of the appeal period; to allow for the potential of there being different types of stickers, such as those with council branding; and to specify who will pay for the different types of sticker. We considered this and were generally content with the clause and the proposed amendments.

Mr McCarthy: Chair, I presume the red writing is the amendments.

The Chairperson (Ms Maeve McLaughlin): It is, yes.

The Chairperson (Ms Maeve McLaughlin): The Department proposes amendments to require a council to inform the FSA of the outcome of an appeal or if the appeal has been abandoned. If the rating has changed as a result of the appeal the FSA must publish the new rating online within seven days. We considered this and were generally content with the clause and the proposed amendments.

The Chairperson (Ms Maeve McLaughlin): The Department proposes a number of amendments to clause 4, which will require a council to notify the FSA of the outcome of a re-rating within 34 days; to require the FSA to publish the new rating online within seven days of the end of the appeal period; and to allow the Department, through subordinate legislation, to limit the number of occasions on which a business can request a re-rating. We considered this and were generally content with the clause and the proposed amendments.

The Chairperson (Ms Maeve McLaughlin): The Department proposes amendments to specify a period of seven days in which the FSA must publish a right of reply online and to link the publication of the right of reply to the publication of the rating to which it refers. We considered the clause and proposed amendments and were generally content.

The Chairperson (Ms Maeve McLaughlin): The Department proposes a technical amendment to remove clause 6(4), given that the end of the appeal period is now covered in the amendment to clause 2. We considered the clause and the proposed amendment and were generally content.

The Chairperson (Ms Maeve McLaughlin): The Department proposes an amendment to provide for a regulation-making power to require businesses supplying food by means of an online facility to ensure that the establishment's food hygiene rating is provided online. The manner of display will be specified in the regulations and will include a requirement to provide a link to the Food Standards Agency's website. We have received written assurance from the Minister that the powers will be exercised in the first set of regulations drafted after the Act comes into operation. We considered the clause and proposed amendment and were generally content.

The Chairperson (Ms Maeve McLaughlin): The Department is not proposing any amendments to clauses 8 and 9. We considered the clauses and were generally content.

The Chairperson (Ms Maeve McLaughlin): The Department proposes an amendment that is a consequence of the amendment to clause 7 and will mean that a failure to comply with the duty under clause 7 would be an offence. I remind Members that the Committee indicated that it was generally content with the clause and the proposed amendment.

The Chairperson (Ms Maeve McLaughlin): The Department is not proposing any amendments to clause 11. I remind Members that the Committee indicated that it was generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): The Department proposes an amendment to allow councils the flexibility to provide information to businesses at different stages of the registration process. I remind Members that the Committee indicated it was generally content with the clause and the proposed amendment.

The Chairperson (Ms Maeve McLaughlin): The department does not propose any amendments to clause 13. I remind members that we considered and were generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): The FSA proposes amendments to the clause to take on board the Committee's concern that the clause as drafted is too wide-ranging. The FSA proposes to remove clause 14(8) and include an amendment to require the Department to publish its response to the FSA report on the review of the Act. The FSA also proposes an amendment to require it to promote the scheme. I remind members that we considered this and were generally content with the clause and the proposed amendments.

The Chairperson (Ms Maeve McLaughlin): The Department does not propose any amendments to clause 15. The Committee indicated that it was generally content with the clause.

The Chairperson (Ms Maeve McLaughlin): This new clause, concerning the adjustment of time periods, will allow the Department to amend the periods specified in the Act by substituting a different period. The new clause will also allow councils and the FSA itself flexibility in meeting various timescales, for example because of Christmas closure of council or FSA premises or because of exceptional circumstances. The Committee discussed this and indicated that it was generally content with the new clause.

The Department has proposed an amendment in relation to the definition of the end of the appeal period. We had considered that and were generally content with it.

The Chairperson (Ms Maeve McLaughlin): The Department does not propose any amendments to clause 17, and the Committee had indicated that it was generally content with the clause.

The FSA proposes amendments to take account of the amendments made to clauses 7 and 14 and to specify how subordinate legislation will operate in relation to the new clause on the adjustment of time periods. Again, the Committee has considered this, and we were generally content with the clause and the proposed amendments.

The Chairperson (Ms Maeve McLaughlin): The Department does not propose amendments to clauses 19 or 20, and the Committee was generally content with the clauses.

The Chairperson (Ms Maeve McLaughlin): I thank members for co-operation on that.