Infant Formula and Follow-on Formula (England) Regulations 2007

My Lords, the point is that the independent review after the controls are in place will allow us to assess whether or not this is working. If it is not working, as my honourable friend in another place said, the Government are determined to take action and to make this work. We are confident that this package is effective, proportionate and evidence-based, and, together with the independently chaired review, is a big step forwards in the protection of mothers and babies. As the noble Baroness stated, the Infant and Dietetic Foods Association is challenging the new regulations in England and Wales, which we wanted to come into force on 11 January 2008. On the questions raised by the noble Baroness, Lady Hanham, the guidance is not being rushed in. The guidance that has been brought forward has been discussed and the directive was published in 2006. The industry has been aware since that time of the labelling changes that will be required. The Government believe that that is time enough for it to have taken action and time enough for it to bring forward the necessary changes. We are very disappointed that the new regulations have been challenged. As noble Lords have said, they have been suspended by the High Court until the hearing of the substantive application for judicial review which will take place by the end of February. Similar implementing regulations in Scotland and Northern Ireland are also the subject of legal challenge in those jurisdictions. The court in Scotland has declined to stay the regulations on an interim basis and the court in Northern Ireland has granted a temporary stay. The case in Scotland will be heard tomorrow. Clearly, we are disappointed by the IDFA’s decision to bring proceedings and the Government are fighting the case because they consider that they have implemented the transitional provisions in line with the obligations of the directive. The Government’s intention and policy objective were clear before the new directive was published in 2006. The industry has been aware since that time of the labelling changes that it will be required to make. The Government are committed to those regulations and will ensure that they apply as soon as possible, taking into account the outcome of the court proceedings. In conclusion, I reiterate that the Government’s priority is to ensure that infant formula and follow-on formula are clearly labelled so that parents and carers who wish to use those products can do so correctly. I urge the noble Baroness to withdraw her Motion.