Volume 9: Wales, Scotland and Northern Ireland
Part 3: Northern Ireland
15. Chronological account of specific Northern Ireland issues
Introduction of the SBO ban for humans

15.53 The Northern Ireland ban on the use of Specified Bovine Offal (SBO) in human food was implemented some three months later than in England and Wales, but simultaneously with Scotland, under the Bovine Offals (Prohibition) Regulations (NI) 1990 (SR(NI) 1990/30). ¹ Mr Martin told the Inquiry that this delay was due to the normal time-lag between the adoption of Northern Ireland legislation and its counterpart in Great Britain:

The drafting of Northern Ireland legislation generally cannot begin until the Great Britain legislation is in its final form. In any event, the SBO ban had been applied administratively in Northern Ireland from November 1989. ²

15.54 The policy lead in relation to the SBO ban was taken by DANI. Approval for the measures was given by the Secretary of State, Mr Tom King, on 29 June 1989. However, the DHSS had responsibility under the Food (NI) Order 1989 for the legislation necessary to implement the ban. ³

15.55 Consultation with interested parties was statutorily required before Regulations could be made. Consultation letters, based on their MAFF or DH equivalents, were issued to a regularly updated list of interested parties, and comments received were copied to MAFF and DH for consideration centrally. According to Mr Hamill, Head of the Medicines and Food Control branch (DHSS), 'It was extremely unusual to receive requests to meet deputations from food trade interests in response to consultation.' ⁴

15.56 The consultation process was initiated on 31 July 1989, when Mr J McKenna, an official in the Food Control part of the branch, sent out a letter to interested organisations enclosing the proposals and requesting comments by no later than 13 September. This was in line with the consultation process undertaken by MAFF in England and Wales. ⁵

15.57 As a result of the insistence of the MAFF Minister, Mr John Gummer, on speed, the Regulations in England and Wales were signed and laid before Parliament on 9 November and came into effect on 13 November.

15.58 In the light of the late decision to include intestines in the ban, it was considered necessary to hold a further round of public consultation in Northern Ireland. Another consultation letter was issued on 9 November, to the same list of interested organisations, requesting comments by 23 November. ⁶ On 7 December 1989, DANI sent a telex to MAFF advising that 'the consultative period ended on 23 November 1989 and work is presently under way on the preparation of the Regulations which it is hoped can be made before the end of the year'. ⁷ However, there were further delays for some of the same reasons as in Scotland. In his statement, Mr Hamill explained that it was decided to hold back the introduction of legislation in Northern Ireland because:

• the England and Wales Regulations had been prayed against in Parliament (see paragraph 10.36), thus requiring a debate and raising the possibility of amendments to their contents; and
• at the end of November 1989, MAFF had advised that its Regulations as drafted were defective, and that other considerations had arisen, which made it necessary to consider amendments. ⁸

15.59 The debate on the SBO Regulations took place in the House of Commons on 14 December 1989. The DHSS maintained close contact with MAFF on the possible amendment of the Northern Ireland draft of the Regulations until the final England and Wales version, drafted by MAFF, became available on 26 January 1990. The Northern Ireland Regulations were made and brought into force on 30 January 1990.

15.60 As regards the SBO ban, Mr Toal stated:

The controls on specified offal for use in human food and animal feed were changed from time to time to reflect the policy decisions taken by MAFF on the basis of scientific advice. These changes involved the extension of definition of SBO, staining requirements and stricter controls on the collection, holding, processing and disposal of SBO. ⁹