Health and Social Care Committee

Food Hygiene Rating (Wales) Bill – Stage 1 consideration

To:                        Health and Social Care Committee
From:                    Legislation Office
Meeting date:      30 May 2012

Purpose

1. To invite the Committee to consider and agree its approach to and framework for Stage 1 scrutiny of the Food Hygiene Rating (Wales) Bill (‘the Bill’).

Background

2. On 15 May 2012, the Business Committee referred the Bill to the Health and Social Care Committee (‘the Committee’), with a reporting deadline of 5 October 2012.

3. On 28 May 2012, Lesley Griffiths AM, Minister for Health and Social Services, introduced the Bill and Explanatory Memorandum.

4. A paper outlining the purpose and provisions of the Bill has been provided separately.

Role of the Committee

5. The role of the Committee at Stage 1 is to consider and report on the general principles of the Bill (SO 26.10). There are no specific requirements in Standing Orders governing the way in which the Committee carries out this scrutiny. A suggested approach is set out below, along with a suggested framework within which the Committee will work.

6. Once the Committee has reported, there will be a Stage 1 debate in plenary for the Assembly to agree the general principles of the Bill. If the general principles are agreed, Stage 2 of the process will involve the detailed consideration of the Bill by the Committee, including the disposal of amendments (Stage 2 is currently scheduled to take place during November).

Suggested framework

7. In scrutinising the general principles of the Bill at Stage 1, it is suggested that the Committee works within the following framework:

To consider:

i) the need for a Bill to introduce a statutory food hygiene rating scheme in Wales;

ii) whether the Bill achieves its stated purposes;

iii) the key provisions set out in the Bill and whether they are appropriate to deliver its stated purposes;

iv) potential barriers to the implementation of the key provisions and whether the Bill takes account of them;

v) whether there are any unintended consequences arising from the Bill;

vi) the views of stakeholders who will have to work with the new arrangements;

vii) whether the Bill contains a reasonable balance between the powers on the face of the Bill and the powers conferred by Regulations?

Committee’s approach to Stage 1 scrutiny

8. In line with the deadline set by the Business Committee, the Committee will need to complete its scrutiny of the Bill and lay its report no later than 5 October 2012.

9. The reporting deadline allows nine sitting weeks in which to undertake this work, although it will have to be carried out alongside the policy work already agreed by the Committee. Members have received the work programme for this term, which includes the slots set aside for scrutiny of the Bill.

10. It is suggested that the Committee agree the following approach—

§ General call for evidence
Issue a general call for evidence, which would be notified to the Welsh media and published on the Assembly’s website. The draft consultation letter and a list of the draft consultation questions are attached at Annex 1.

§ Invite written submissions
Invite written submissions from selected organisations and individuals. A suggested list of consultees is attached at Annex 3.

§ Oral evidence
Invite key stakeholders to give oral evidence at future meetings (alongside the consultation exercise). A provisional list of witnesses drawn from the relevant sectors is attached at Annex 4.

§ Outreach

Use the Assembly’s Outreach Team to engage with a section of the general public to gauge views on the Bill.

11. The reporting deadline allows for a little over a four-week consultation period, from 30 May to 29 June. This should allow the Committee to consider whether to invite any additional witnesses to give evidence to the Committee in light of the written evidence received, although the timetable would be very tight. It should be noted that the Welsh Government carried recently undertook a consultation on the draft Bill which closed in March 2012. Annex 2 lists the revisions that have been made to the Bill since its original draft.

12. The evidence gathered, both written and oral, will help inform the Committee’s consideration of the Bill and its subsequent report.

13. For information, Standing Orders enable both the Finance Committee and the Constitutional and Legislative Affairs Committees to report on the relevant aspects of Bill.

Work Programme

14. A timetable for the Committee’s Stage 1 consideration of the Bill is attached at Annex 5.

Action

15. The Committee is invited to:

§ agree the framework within which it will work (as outlined in paragraph 7);

§ agree its approach to Stage 1 scrutiny (as outlined in paragraphs 8 – 13);

§ agree a four week consultation exercise, the consultation questions and list of consultees (Annex 1 and Annex 2);

§ agree the provisional list of witnesses (Annex 4).

§ Note the timetable for the Committee’s Stage 1 consideration of the Bill (Annex 5).

Manylion y Pwyllgor

Health and Social Care Committee

Bae Caerdydd / Cardiff Bay

Caerdydd / Cardiff

CF99 1NA

30 May 2012

Dear Sir/Madam

Consultation on the Food Hygiene Rating (Wales) Bill

As part of its Stage 1 consideration, the Health and Social Care Committee is calling for evidence on the general principles of the Food Hygiene Rating (Wales) Bill. To assist with its consideration, the Committee would welcome your views on this subject.

What is a Bill?

A Bill is a draft law. Once a Bill has been considered and passed by the Assembly and given Royal Assent by the Queen, it becomes an ‘Act of the Assembly’.

There is a four stage process for the consideration of a Bill. Stage 1 involves consideration of the general principles of the Bill by a committee (which includes the taking of written and oral evidence from interested parties and stakeholders), and the agreement of those general principles by the Assembly.

What does this Bill seek to achieve?

The Explanatory Memorandum that accompanies the Bill states:

“The Bill gives effect to the Welsh Government's proposals to introduce a statutory food hygiene rating scheme in Wales. The Bill establishes a statutory requirement for food authorities to operate a food hygiene rating scheme (which includes rating food businesses and enforcing the scheme) and places a duty on food businesses to display their food hygiene rating at their establishment. The intention of the Bill is to ensure that consumers are provided with information about the food hygiene standards of food businesses in Wales. This will enable consumers to make better informed choices about where to eat or shop for food.

What is the committee’s role?

The role of the committee is to consider and report on the general principles of the Bill. In doing so, the Committee has agreed to work within the following framework:

To consider:

i) the need for a Bill to introduce a statutory food hygiene rating scheme in Wales;

ii) whether the Bill achieves its stated purposes;

iii) the key provisions set out in the Bill and whether they are appropriate to deliver its stated purposes;

iv) potential barriers to the implementation of the key provisions and whether the Bill takes account of them;

v) whether there are any unintended consequences arising from the Bill;

vi) the views of stakeholders who will have to work with the new arrangements.

Invitation to contribute to the inquiry

The Committee would like to invite you to submit written evidence to assist in its scrutiny of the Bill. In particular, we would welcome your views on the questions listed in Annex 1. We appreciate that you may have recently been invited to respond to a similar consultation exercise undertaken by the Welsh Government on the draft Bill. Should you have responded to the Welsh Government’s consultation, you may wish to resubmit that response. However, please note some revisions have been made to the Bill since its original draft and these are listed in Annex 2.

If you wish to submit evidence, please send an electronic copy of your submission to mailto:HSCCommittee@wales.gov.uk and entitle the e-mail Consultation – Food Hygiene Rating (Wales) Bill.

Alternatively, you can write to:

Claire Griffiths, Deputy Clerk

Legislation Office

National Assembly for Wales

Cardiff Bay, CF99 1NA.

Submissions should arrive by 29 June 2012. It may not be possible to take into account responses received after this date.

When preparing your submission, please keep the following in mind:

§ your response should address the issues before the Committee. Please reference your response using the title applied above;

§ the National Assembly normally makes responses to public consultation available for public scrutiny and they may also be seen and discussed by Assembly Members at Committee meetings. If you do not want your response or name published, it is important that you clearly specify this in your submission;

§ please indicate whether you are responding on behalf of an organisation, or as an individual; and

§ please indicate whether or not you would be prepared to give oral evidence to the Committee.

The Committee welcomes contributions in English and Welsh and will consider responses to the written consultation and hold oral evidence sessions during the summer term.

For your information, the Committee has invited submissions from those on the attached distribution list (see Annex 3). The Committee would be grateful if you could forward a copy of the letter to any individuals or organisations that are not included on this list, but might like to contribute to the inquiry. A copy of this letter has been placed on the National Assembly’s website with an open invitation to submit views.

Disclosure of Information

It is normal practice for the National Assembly to publish evidence provided to a Committee. Consequently your response may appear in a report or in supplementary evidence to a report. The National Assembly will not publish information which it considers to be personal data.

In the event of a request for information submitted under UK legislation, it may be necessary to disclose the information that you provide. This may include information which has previously been removed by the National Assembly for publication purposes.

If you are providing any information, other than personal data, which you feel is not suitable for public disclosure, it is up to you to stipulate which parts should not be published and to provide a reasoned argument to support this. The National Assembly will take this into account when publishing information or responding to requests for information.

If you have any queries, please contact Fay Buckle, Committee Clerk on 029 2089 8041 or Claire Griffiths, Deputy Clerk on 029 2089 8019.

Yours faithfully

Mark Drakeford AC / AM

Cadeirydd / Chair

Annex 1

Consultation Questions

General

1. Is there a need for a Bill to introduce a statutory food hygiene rating scheme in Wales? Please explain your answer.

2. Do you think the Bill, as drafted, delivers the stated objectives as set out in the Explanatory Memorandum? Please explain your answer.

3. Are the sections of the Bill appropriate in terms of introducing a statutory food hygiene rating scheme in Wales? If not, how does the Bill to need to change?

4. How will the proposed Measure change what organisations do currently and what impact will such changes have, if any?

5. What are the potential barriers to implementing the provisions of the Bill (if any) and does the Bill take account of them?

Powers to make subordinate legislation

6. What are your views on powers in the Bill for Welsh Ministers to make subordinate legislation (i.e. statutory instruments, including regulations, orders and directions)?

In answering this question, you may wish to consider Section 5 of the Explanatory Memorandum, which contains a table summarising the powers delegated to Welsh Ministers in the Bill to make orders and regulations, etc.

Financial Implications

7. What are your views on the financial implications of the Bill?

In answering this question you may wish to consider Part 2 of the Explanatory Memorandum (the Regulatory Impact Assessment), which estimates the costs and benefits of implementation of the Bill.

Other comments

8. Are there any other comments you wish to make about specific sections of the Bill?

Annex 2

Changes made to the Bill since the original draft

(Extract from page 13 of the Explanatory Memorandum accompanying the Bill)

“33.Following the consultation some important amendments to the Bill have been

made. These are:

(a) businesses that supply food to other businesses are now included

within the scope of the scheme;

(b) the Bill will apply only to food businesses that are registered in Wales.

Food business establishments registered outside Wales but trading on

a transient basis in Wales (i.e. mobile traders) will not be within the

scope of the new scheme;

inspections of food business establishments in their area having regard

to matters specified by the FSA - the programme will determine whether

an inspection is required and the frequency of those inspections;

(d) the requirement to retain the food hygiene certificate, and the

associated offence of failure to produce it to an authorised officer on

request have been removed;

(e) the time limit for food businesses to submit an appeal will now be 21

days and food authorities will also be allowed 21 days to consider and

determine the appeal - the provisions relating to appeal now also make

it clear there is no further right of appeal available to a food business

operator following a food authorities determination of their original

appeal;

(f) the provisions relating to right to reply have been made clearer and time

limits on the right to reply have been removed; it has been made clear

in the Bill that this right may be exercised more than once in relation to

any rating while the rating remains valid;

(g) the provisions relating to re-rating inspections have been made clearer;

(h) food authorities are now required to inform the operator of a food

business establishment of the costs of a re-rating inspections and the

way the costs have been calculated before carrying out the re-rating;

(i) there is a new a duty on food businesses to verbally inform a person of

the food hygiene rating for their establishment if requested and an

associated offence if they refuse to do so - this will allow people with

impaired vision or enquiring by telephone to establish the hygiene rating

of an establishment prior to use.”

Annex 3

Suggested list of consultees

Local Authorities

Blaenau Gwent

Bridgend

Caerphilly

Cardiff

Carmarthenshire

Ceredigion

Conwy

Denbighshire

Flintshire

Gwynedd

Isle of Anglesey

Merthyr Tydfil

Monmouthshire

Neath Port Talbot

Newport

Pembrokeshire

Powys

Rhondda Cynon Taff

Swansea

Torfaen

Vale of Glamorgan

Wrexham

Voluntary Sector

Mudiad Ysgolion Meithrin

National Federation of Women’s Institutes

Wales Council for Voluntary Action

Advisory Groups

Age Cymru

Care and Social Services Inspectorate Wales (CSSIW)

Care Council for Wales

Care Standards Inspectorate for Wales

Citizens Advice Cymru

Consumer Focus Wales

Disability Wales

Equality and Human Rights Commission

RNIB Cymru – Royal National Institute for Blind People

RNID Cymru – Royal National Institute for Deaf People

Wales Council for Deaf People

Wales TUC Cymru

Representative Organisations

Association of Convenience Stores

Bar and Restaurant Foods Ltd

British Beer and Pub Association

British Hospitality Association

British Independent Retailers Association

British Institute of Inn Keeping

British Retail Consortium

British Sandwich Association

Care Forum Wales

CBI Wales

Chamber Wales Consumer Focus Wales

Council for Economic Renewal

Estyn

Federation of Small Businesses Wales

Food and Drink Federation

Hospital Caterers Association

Independent Retailers Association

Local Authorities Caterers’ Association

Nationwide Caterers Association

National Childminder’s Association

National Federation of Meat and Food Traders

National Day Nurseries Association

Trading Standards Institute Wales

Welsh Regulators’ Forum Members

Wales Tourism Alliance

Welsh Food Alliance

Welsh WI

Government/Local Government

Directors of Public Protection (Wales)

Food Standards Agency

Local Authority Caterers Association

Local Government Regulation

Office of Fair Trading

Port Health Authorities

Public Service Ombudsman Wales

Welsh Local Government Association (WLGA)

Health

Abertawe Bro Morgannwg University Health Board

Aneurin Bevan Health Board

Betsi Cadwaladr University Health Board

Cardiff and Vale University Health Board

Cwm Taf Health Board

Hywel Dda Health Board

Powys Teaching Health Board

Velindre NHS Trust

Public Health

Association of Directors of Public Health

Chartered Institute of Environmental Health

Faculty of Public Health

Public Health Wales

Annex 4

Suggested persons/organisations to provide oral evidence to the Committee:

Chartered Institute of Environment Health

Consumer Focus Wales

Federation of Small Businesses

Food Standards Agency Cymru

Public Health Wales

Welsh Local Government Association/Association of Directors of Public Health

Annex 5

Work Programme

Date

30 May 2012

11.50– 12:30: Discussion on the Committee’s approach to Stage 1

20 June 2012

11.30 – 12.30: Evidence from Minister for H&SS

12 July 2012

10.00 – 10:45 Evidence Session 1

10:45 – 11:30 Evidence Session 2

11:30 – 12:15 Evidence Session 3

13:15 – 14:00 Session 1

14:00 – 14:45 Session 2

14:45 – 15:00 wash-up

18 July 2012

9.00 – 10.50: Minister for H&SS & private key issues

Summer Recess

27 September 2012

Private consideration of draft report

Private Stage 2 training

3 October 2012

Private consideration of draft report (if not agreed on 27 Sept)