Publication of advice to Ministers

Monday 17 December 2001

From its inception the Food Standards Agency has set out to establish new levels of openness in the way it discharges its responsibilities for food safety and food standards in the United Kingdom.

As a clear sign of the Agency's independence within government, the Food Standards Act 1999 gives it the power to make public its advice to Ministers¹

Set out below is the Agency's general approach as to how it intends to exercise this power to inform consumer choice and to protect the public at large while enabling the normal business of government to function effectively between departments.

• Where the Agency considers that urgent action is required by government, by other public bodies, or by members of the general public in order to avert an imminent risk to public health or safety in relation to food, the Agency will issue its views and advice to the public immediately. In serious or high profile emergencies Ministers will normally be informed in parallel so that they may account to Parliament in a timely fashion for the actions of the Agency, but this will not be allowed significantly to delay the making of the information public. Ministers will be given prior notice where a decision requires the Food Standards Agency to seek their agreement to the use of legislative powers.
• Where other departments of Government have primary responsibility for public policy, but where the Agency has the locus and competence to provide advice, the Agency will seek to reach agreement with the other departments concerned over the timing of publication of that advice at the earliest practical point. If such agreement is not reached, the Food Standards Agency reserves the right to publish its advice unilaterally and without delay.
• Where other government departments, or Ministers, seek the Agency's expertise or advice in order better to understand issues within the Agency's competence, or in order to develop long-term government policy between departments, the Agency will regard the advice it gives as confidential within government except insofar as it may already be a matter of public record. If advice given in these circumstances reveals a risk to the public, the Agency will make this risk known.
• In respect of international negotiations about food standards within the EU and globally, the Agency is responsible directly to Ministers and negotiates in international forums on Ministers' behalf. The Agency will not publish the content of its internal advice to Ministers in relation to the tactics of the UK's negotiating position.

¹ Throughout this paper, the term "Ministers" encompasses Ministers of the Crown and of the three devolved authorities.