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Dáil Éireann debate -
Thursday, 18 Jul 1935

Vol. 58 No. 7

In Committee on Finance. - Slaugher of Cattle and Sheep (Amendment) Bill, 1935—Financial Motion.

I move:—

(1) Go n-éileofar agus go ngearrfar dleacht ar na beithigh agus na caoire uile do marbhuíodh no narbhófar (roimh an Rún so do rith no dá éis sin) mar bhia do dhaoine i Saorstát Eireann in áitreabhacha nách áitreabhacha cláruithe do réir bhrí an Achta um Beithígh agus Caoire do Mharbhadh, 1934 (Uimh. 42 de 1934).

(2) Go ndéanfaidh an duine do mhairbh no mharbhóidh aon bheithígh no caoire an dleacht san alos na mbeithíoch no na gcaorach san d'íoc leis an Aire Talmhaíochta.

(3) Go n-éiléofar, go ngearrfar agus go n-íocfar an dleacht san alos aon bheithíoch no caorach do réir an ráta gur dá réir a bhí no bheidh an dleacht fé alt 19 den Acht um Beitígh agus Caoire do Mharbhadh, 1934, adubhradh, iníoctha le linn na mbeithíoch no na gcaorach san do mharbhadh.

(4) Go ndeanfar socrú le reacht chun an dleachta san do bhailiú agus chun a íoca d'fhoirfheidhmiú.

(1) That a levy shall be charged and levied on all cattle and sheep slaughtered (whether before or after the passing of this Resolution) for human consumption in Saorstát Eireann in premises which are not registered premises within the meaning of the Slaughter of Cattle and Sheep Act, 1934 (No. 42 of 1934).

(2) That the said levy in respect of any cattle or sheep shall be paid to the Minister for Agriculture by the person by whom such cattle or sheep were or are slaughtered.

(3) That such levy shall be charged, levied, and paid in respect of any cattle or sheep at the rate at which the levy under Section 19 of the said Slaughter of Cattle and Sheep Act, 1934, was or is payable at the time of the slaughter of such cattle or sheep.

(4) That provision shall be made by statute for the collection and enforcing payment of the said levy.

I should like to know if there is any objection to having the Financial Motion and the Second Reading debated together? I think it was arranged here when the main Act was going through that it should be debated in that way and that, if necessary, a vote could be taken on the Financial Motion and on the Second Reading separately at the end of the discussion. It would probably save time if that were done.

There is this point about it. The Financial Motion seeks to impose a levy in respect of cattle slaughtered in unregistered premises. The Act, which is being amended, as far as I understand it, made it unlawful to slaughter in unregistered premises. The whole question as to slaughtering in unregistered premises and the imposition of a levy on it, are very special and different things. Under the previous Act, the levy related to the actual Bill. This levy seems to be outside the whole scheme of things and seems to have some special significance whereas the Bill itself is to amend an Act one of the principles of which is that it is unlawful to slaughter in unregistered premises. I think we cannot get the matter clear unless we deal with the two items separately.

Dr. Ryan

There is a special section dealing with that question. That is Section 14 which deals with the levy in respect of cattle slaughtered on unregistered premises. It would therefore come into the general scheme of the Bill. However, it is a matter for the House to decide. I do not want to press my point. If you want to have two discussions, it is all right.

If the Minister says that it would help to a clearer discussion, I do not mind. Is there any relation between extending this Bill to unlicensed premises and putting a levy on unlicensed premises?

Dr. Ryan

It is only connected with Section 14. It is quite true that there are four or five main questions being dealt with in this Bill and that is one of them. The Financial Motion deals with that section alone, Section 14. I think it would save a considerable amount of time if both were debated together and I do not think that the House would be deprived of an opportunity of coming to a decision separately on both questions at the end.

If there is no agreement we shall take No. 6, the Financial Motion, separately.

Dr. Ryan

This Financial Motion is necessary, as a levy is being imposed under Section 14 of the Bill. As the House is aware, wherever levies are being imposed, the Second Reading of the Bill must be preceded by a Financial Motion of this kind. It is true, as Deputy Mulcahy has stated, that under the main Act, a person is not legally entitled to carry on the business of slaughtering cattle or sheep for human consumption in Saorstát Eireann unless the slaughter is being done in a registered premises. The main Act only, however, provided for a penalty on conviction of carrying on slaughter in such premises, and did not provide for a levy at the same time. It is one of the amendments of the main Act that is being made in this amending Bill that in future—and it is also made retrospective—where cattle or sheep are slaughtered on unregistered premises, that in addition to the penalties whether inflicted or which might have been inflicted, the levies would be collected at the rate applicable to cattle and sheep slaughtered under registered conditions. It is a simple question: whether there is agreement or not I do not know, but it does not require any long explanation.

The Minister should be in a position to give us more information as to what he expects to receive in this matter.

Dr. Ryan

The amount is small. To date it would not be more than a few hundred pounds.

That is an important point. The basis of last year's Bill was to improve the price of cattle, and for that purpose the Minister proceeded to put a levy upon the butchers. The levy having been put upon the butchers, it was expected that they would collect it from the consuming people. This was imposed with a view to collecting money which evidently was not done. Another question arises, over whether the House should accept this levy proposal now, and it is this: A few hundred pounds are involved in connection with this particular matter, but no one has any idea of what it will cost the State to collect that few hundred pounds. It may cost the State 50 per cent. of the whole levy. Officials must be appointed, or officials doing certain work at the moment may have to take up this extra task, and search out those people slaughtering cattle, so that they will pay these levies. Although not an extensive one, a levy tax ought to be measured by the ultimate cost it is going to entail. Everyone knows that the easiest tax to collect, although it is regarded as very hard, is the income tax, and the cost of collection is relatively smaller than the collection of 4d. a lb. on tea which may ultimately mean 6d. to the consumer.

In this particular case, if the sum is only a few hundred pounds, we would like to hear a case made for the previous Act. As we understood from the previous Act, cattle could only be slaughtered in registered premises. Now the Minister has learned that it is not possible under that Act to deal with the problem of having cattle slaughtered in premises not licensed. The easiest way for the Government would be to allow cattle to be slaughtered in premises not registered. During recent years, farmers in a small way slaughtered cattle and sheep, sold them and realised better prices than they would get by selling the animals at the fair. I expect that it is that type of person that the Minister is trying to get after. If the sum be negligible we are entitled to know what the cost of collection would be. The Bill last year was a very extensive one, consisting of nine parts, but there were only two operative items. One of these was the levy on butchers and the other the distribution of beef. So far as the remainder were concerned very few inspectors from the Department came along to see that the animal was marked before being sold. There were very few visits from the Minister's inspectors to ensure that the right price was paid. Here now we have a further imposition. Surely the House is entitled to know what its ramifications are, apart from what revenue it is going to bring in. We should be informed what is the actual cost and what are the Minister's reasons for getting after the small number of persons concerned.

In regard to the question of non-registered premises I would point out to the Minister that so far as rural districts in Kerry and elsewhere are concerned, this system was found to be complicated and people found it difficult to take advantage of it. I put it to the Minister that there should be some reduction in the levy to these people. So far as Kerry is concerned, we realise that this levy of 5/- per head in regard to sheep was very detrimental to the producer. I suggest to the Minister that the matter again be gone into so that the taking off of this 5/- levy should be a first consideration. It not only affects the County Kerry but it acts in regard to other counties in this way: once people know that the levy is there they do not offer remunerative prices simply because the levy is out of all proportion to the value of the animal in comparison with the grown animal and the better type of sheep. That is one vital question that affects Kerry. I believe the Minister should go into the matter and thereby assist agriculturists and unfortunate farmers on the mountainside in Kerry who find it impossible to dispose of their animals.

Dr. Ryan

This does not arise at all; that is to say, the question of the general levy does not arise at all.

Is the Minister concluding?

Dr. Ryan

I am simply remarking that the general levy does not arise on this motion. I am not concluding. I wanted to answer some points put by the Leader of the Opposition. There will be no cost of collection, because these are cases that the inspectors have come across in the ordinary course of their duties. They are waiting to collect.

And the people are dying to pay?

Dr. Ryan

They will pay. There will be no costs. It is not a case of the individual farmer who slaughters a beast. I do not think there are any such. It is cases that afterwards became registered. Under the law at present we cannot collect for the few animals slaughtered before. These people acted in good faith and are not trying to evade the law, and we want to be able to collect from those people who are now registered.

Will this legalise the slaughter of animals in any kind of place, registered or unregistered?

Dr. Ryan

No.

Mr. Broderick

But you are giving them that permission.

Dr. Ryan

We are not giving them that permission.

Mr. Broderick

Is there to be any veterinary inspection?

Dr. Ryan

There is no veterinary inspection under this Bill at all.

Mr. Broderick

I can see nothing in this Bill, except the payment to the Government of 25/-, to prevent them slaughtering anywhere, no matter how the place is put up.

Dr. Ryan

Under the Principal Act they still must be registered.

Might I ask whether this amending Bill will affect the killing of an animal by a farmer for his own use?

Dr. Ryan

No, not for his own use.

Will it affect it in any way?

Dr. Ryan

The Principal Act is not changed in any way. In the Principal Act it is set out that he must kill cattle or sheep for sale for consumption in Saorstát Eireann.

Mr. Broderick

The first portion of the resolution sets out:

That a levy shall be charged and levied on all cattle and sheep slaughtered (whether before or after the passing of this resolution) for human consumption in Saorstát Eireann in premises which are not registered premises....

Dr. Ryan

But it is still illegal to do that under the Principal Act.

I am not quite clear in regard to what the Minister said in answer to Deputy Cosgrave, that there will be no extra expense because it is only a matter of the cases which the inspectors happen to come across and which you cannot at present legally get at. I understand that is the point of the Minister?

Dr. Ryan

Yes.

If you make a thing illegal, the inspectors will have to do a great deal more work in looking for cases.

Dr. Ryan

That is true, but, after all, they are full-time men.

But you will have to double their number, if they are full-time at present and if you are going to increase their work.

Dr. Ryan

It does not increase their work.

The Minister replied to Deputy Broderick or Deputy Hogan. Perhaps this is more relevant to the Second Reading than to this resolution, but what about Section 14? It seems to me that everybody is liable to the levy if he slaughters any animal.

Dr. Ryan

Yes, he will be, but it does not make the slaughter legal.

I want to get this quite clearly, because I think there is confusion. The question which Deputy Holohan asked, and which I was going to ask, was whether cattle or sheep slaughtered for private use were now subject to the levy, and the answer of the Minister was "no," because under the Principal Act he was not liable to the levy. If the Minister will read Section 14 of this Bill, he will see that the words "for sale" do not occur. Sub-section (1) of Section 14 says:

(1) Every person who, whether before or after the passing of this Act, slaughters in any premises other than registered premises any cattle or sheep for human consumption in Saorstát Eireann.

........

Dr. Ryan

I agree with the Deputy. I will have to look into that point. The principal Act has the words "for sale" and I agree they are not here.

I should like to ask if, under the principal Act, a man had registered premises for slaughtering animals, he is debarred from selling the meat in the neighbouring village unless he has premises registered in that village also. Is that correct?

Dr. Ryan

Not exactly. I will explain the position if the Deputy wishes.

Could he hawk it around in a cart?

Dr. Ryan

I do not know if it arises but perhaps the Ceann Comhairle would allow me to explain the point. He can take orders at his own premises and deliver the meat any distance. What would be illegal would be to canvass people to buy meat from a cart at their doors, but if they give orders at his own premises, either personally or by post, he could deliver the meat to them.

Can he canvass by post?

Dr. Ryan

I think he could.

Will he be able to do it now?

Dr. Ryan

This does not change that position.

If the object of the Bill is to secure to the farmer a better and more remunerative price for his cattle and sheep, there is a good deal to be said for it, but the price fixed in this Bill, which is not quite an innovation, is 22/- a cwt. What caused the Minister to depart from the original figure of 25/-? There is another point to which I would like to draw the Minister's attention. Under Section 10 the Minister proposes to appear in a new rôle—the rôle of cattle dealer—and it is under that Section 10 that the 22/- a cwt. is paid. Has the Minister made quite sure that the price of 22/- per cwt. will be insisted upon and will in all cases be got? I do not want to make any suggestions against the persons who may be appointed as inspectors under this section, but is there anything to prevent certain corrupt influences being at work and a person, being only human, going only to his friends? Under Section 12 very great powers are given to those inspectors to search various premises.

Might I point out to the Deputy that it was decided that the Financial Motion would be taken before the Second Stage of the Bill? It appears to me that these points might more appropriately be raised on the Second Stage.

One or two of these questions will obviate a lot of discussion.

We have not reached the Second Stage yet; we are only on the Financial Motion.

I should like to ask the Minister what caused him to depart from the old figure of 25/- a cwt.?

Dr. Ryan

I do not think it is relevant here, but I did say on the Second Reading of the Principal Act that we have to try to keep the minimum price as closely related as possible to the maximum export price.

Could the Minister give us any information as to the exact financial change this Bill brings about? He is no longer going to give free beef. He is substituting for free beef a cheaper beef, helped by an increase in the levy or, putting it another way, an expanded levy. The levy will be collected from more people than before, and people who formerly escaped are not now going to escape. Could he tell us, first of all—and I think it is quite relevant to the whole business—what the free beef has cost up to the present and what he calculates to save in this manner?

Dr. Ryan

I am nearly certain that the estimate this year is £325,000.

For the year that is passed?

Dr. Ryan

For the present financial year. That estimate was arrived at in the belief that we would have this Bill operating from about 1st September, and operating on the basis that the recipient would be paying half the cost. If we continued paying the whole cost, I could not give the Deputy the figure at the moment, but I will have it in a few minutes, perhaps.

Would I be in order in asking what is the amount of levy paid up to date?

Dr. Ryan

For the financial year 1934-35, the levies collected were £54,000. The figure up to 12th July of this financial year is £52,000.

On the original Bill, did the Minister not estimate to receive £183,000?

Dr. Ryan

For the whole year. The amount is £52,000 from 1st April to 12th July of this financial year. That is a little over the quarter.

When did the Act come into operation?

Dr. Ryan

Some time in November. At the moment I am talking about this financial year, and the amount is £52,000 to the 12th July. It is a little over the quarter. The payments on free beef for the last financial year were £173,000.

From November to March?

Dr. Ryan

Yes, to the 31st March.

Roughly six months.

Dr. Ryan

Something like four and a-half months. In this financial year the amount paid out for free beef was £122,000 to the 17th July.

Mr. Broderick

The levies paid from November to March came to £54,000, and the amount of free beef——

Dr. Ryan

Came to £173,000.

Under the principal Act a farmer could slaughter for his own consumption, but under this Financial Resolution will he be able to do so, or will he have to pay a levy?

Dr. Ryan

Under the principal Act a farmer could slaughter for his own consumption without paying a levy. Deputy O'Sullivan has drawn my attention to the fact that Section 14 does not contain the words "for sale," and I have undertaken to look into that matter.

The Minister will later on give us the financial information we have asked for—some estimate as to the real change this involves?

Dr. Ryan

Yes. I have mentioned that the amount is £122,000 to the 17th July. If we continue at that rate for the whole year, it is fairly obvious it would be four times that amount.

Dr. Ryan

We are estimating, by making this change and getting the recipients to pay something for the beef, that our expenditure will be £325,000.

You will practically halve it.

Dr. Ryan

It would have been about £450,000.

If the new system were operating, the total cost would be £240,000.

Dr. Ryan

About £250,000.

The Leader of the Opposition has suggested that they might prefer not to take a decision on this now. The decision can be taken later. The Minister's Second Reading speech may affect the decision on this motion.

Dr. Ryan

There are three or four rather major matters dealt with in this amending Bill. The first is to change from the system of free beef to what might be termed cheap beef. That change, as a matter of fact, was contemplated from the beginning. I remember saying on the Second Reading last year that we intended after a few months working of the principal Act to change the system to a contributory basis as soon as we could find out exactly the number of people who would be in receipt of beef and that we would get the Act working smoothly before we asked people to contribute. We felt, if we asked people to contribute at the start, they would be inclined to think they would be entitled to get the beef at that price; but when we were giving it to them on an ex gratia basis, if we were not able to meet the requirements they could not have the same complaint against us. That was the principal reason we brought in the free beef first for a trial. As a matter of fact, it was a scheme that, administratively, worked rather smoothly and there were not very many complaints.

I think we are in a position now to work on a contributory basis. Many people have complained, both amongst the Opposition and elsewhere, that it would be better if there was some small payment made for this beef. First of all, we were told people would appreciate it more and they would feel they were paying perhaps part of the value and that they had a better right to it and would not be regarded as being altogether on relief.

It would bring them back from being paupers?

Dr. Ryan

If you like to put it that way, but I do not like saying that. I am outlining the main principles of the Bill first. The second big feature in this Bill is the amendments which are brought in to try to enforce the minimum price more rigidly than has been done for the last year. Section 10 will be used in extreme cases. If it is found that it is impossible to get any particular victualler to pay the minimum price, that he is out to get round the law—and it is very difficult indeed to frame a law to catch people in some of these cases—the only remedy left is to say that he must buy from an inspector appointed by the Minister in future at a fixed price. Another point is that canned beef can be substituted for free beef in certain cases. There are some districts where it is extremely difficult to get the free beef supply and the reason is that, at the price we are paying for it, it would not be a paying proposition for any butcher to sell the whole beast on this basis. The victuallers in Dublin who get good prices for the choice cuts can well afford to sell the forequarters and the other parts with the exception of those that are excluded. We believe they can make the business pay all right. But it is quite a different matter when we go to an outlying district where there is not very much beef consumed and where the greater part of the beast must be given to recipients. It is difficult in such cases to make the business pay and it may be necessary to give out the tinned beef instead.

These are the big points and, as the Bill is not very long in the hands of Deputies, it would be better if we had a look at it section by section. The first four sections do not require any definition because they are just merely introductory sections. Section 5 seeks to amend Section 12 of the principal Act and it looks rather a formidable amendment at first sight, but it is not really so serious as it might appear. The position there is that the Department of Agriculture have to make an appearance at some District Court in the country and produce evidence from the register. What is produced is only prima facie evidence and that means that somebody must go from headquarters to prove a document. The change sought here is to make it conclusive evidence, which means that the officer need not necessarily go from headquarters to prove that this document is the document it purports to be. It is taken to be that document unless it is proved to the contrary. Our local inspector would appear in court to prove his case. It is rather expensive to have to send some officer from headquarters to appear in these cases, and it is also, indeed, very inconvenient, because it is difficult to spare officers going on such cases.

Would that be a departure from the usual precedent?

Dr. Ryan

No. As a matter of fact in the principal Act sub-section (3) says "that ... under the hand of the officer mentioned ... shall be conclusive evidence." We are not going any further than making sub-section (2) the same as sub-section (3). At any rate, it cannot be described as a departure from precedent, because the precedent is already in the same section. Section 6 of the Bill is an amendment of Section 14 of the principal Act. As the principal Act stands, Section 14 of it deals with the inspection of registered premises and it gives the inspector power to inspect registered premises, the appliances, equipment, etc., and also to inspect all cattle, beef, veal, mutton and lamb in these premises. It is sought now to include also offals, skin and hides. The object of that is to give the inspector a better opportunity of investigating the number of cattle and sheep that have been slaughtered by the victuallers. Some of the victuallers know this legislation thoroughly, and if the inspector comes along, not having called in there for two or three weeks previously, and asks the victualler how many animals he has slaughtered he is given the number, but if he tries to verify that number the victualler, as the legislation stands, is entitled to refuse. This amendment gives the inspector power to see the number of skins, the amount of offals and the number of hides that may be on the premises, and in this way the inspector can verify the figures given to him by the victualler.

Section 7 seeks to amend Section 18 of the principal Act. It gives the inspector power to examine and inspect the skins, hides and offals. He is given power to find out any other information that he needs. It also adds two paragraphs (c) and (d) to the sub-section. These are all in the same direction, giving the inspector power with regard to the inspection of the premises in order to verify the information that the victualler may have given him.

What is the purpose of Section 7?

Dr. Ryan

To give the inspector power to verify the figures he may get from the registered person.

What is the necessity?

Dr. Ryan

Because we feel that the registered person may not always tell the truth. The registered person may tell the inspector he slaughtered six beasts, and the inspector might like to verify that by examining the skins.

Supposing he ships the skins?

Dr. Ryan

He may do that, but supposing he does not?

If he wants to defraud, the skins will be missing anyway.

In view of the nature of the Bill, would it not be well if the Minister gave some of his experiences under the principal Act?

Dr. Ryan

I have said already that some of the victuallers are quite good legal experts on the principal Act. When the inspector comes along and asks how many sheep they have slaughtered during the week and they answer six or eight, if the inspector has any suspicions about that, they know quite well that they are entitled under the Act to refuse him any further information.

What would the skin be worth now?

Dr. Ryan

I do not know.

The point of my question is would it not pay them to destroy the skins?

Dr. Ryan

Some of them are too mean to do that. Section 8 of this Bill deals with the weighing facilities in registered premises. Where our inspectors have called in to some premises the registered person gives the number of beasts killed. He shows his books with the amount of meat sold, and the inspector tots up the two and says that the quantity of meat hanging up is more or less than should be there. The registered person disputes that, and when he is asked to weigh the meat that is hanging up he says: "I have no scales." This section is to compel the victualler to have scales. Every victualler in the country had scales until this Act came into operation, but they got rid of the scales in order to evade that question. We want the victuallers to look up those scales and get them back to their places again. Section 9 gives the inspector power to weigh the meat.

Section 10 requires the registered proprietor to purchase cattle only from the Minister. That is perhaps one of the principal sections in the Bill. It is giving the Minister power to serve an order on any registered person that that person must buy his cattle or his sheep in future only from a particular inspector named by the Minister at a minimum price. The regulations in connection with the minimum prices have been evaded in many ways. The chief way has been by the third party method. Before the Principal Act came into operation, butchers were accustomed to go around and buy their cattle off adjoining farmers. They stopped that, and the majority adopted the practice of buying their cattle from one farmer or dealer, and they paid that one man for the cattle. This man bought the cattle at any price he was able to get them because he was not compelled to buy at a minimum price as he was not a dealer. The victualler's books showed our inspector that he had paid a minimum price to a dealer or a farmer who was buying for him. Whether he paid that price or not was another question, but it is rather suspicious, to say the least of it, that he should have changed his whole method of business since the Principal Act came into force. He may be acting illegally but as far as our inspectors were concerned they could not make a case against him because the dealer or farmer who sold to these victuallers was always prepared to assert he got the minimum price. We, however, have our suspicions, and some way must be found to deal with that particular evasion of the Act. This particular section was suggested by the Consultative Council. That Consultative Council is composed of victuallers and producers of various kinds of sheep and fat cattle, and at a meeting of that Council it was suggested that this was the best way of dealing with it.

Suggested by the Minister?

Dr. Ryan

No, the suggestion was made to the Minister. It was suggested by the producers, and every producer present agreed with it. I do not think that victuallers agreed with it wholeheartedly. The producers agreed with the suggestion, and I promised to give the matter consideration. I think it is the most effective method of dealing with that abuse. It is not proposed, in fact I think it would be impossible, to work this generally all over the country. We are fairly certain that a large number of victuallers are working the Act honestly. Some of them, as a matter of fact, have complained to the Department that they tried to pay the minimum price as long as they possibly could, but that their competitors were not paying it, and they could not continue to pay it unless everybody did so. I think that would be true of a large number. If we could deal with the worst offender in each district, probably we would get them all paying the minimum price without any great trouble, and it would be possible, I take it, for an inspector in an area to deal with two or three or four victuallers on this basis.

Deputy Anthony raised a question there as to whether or not it would be operated fairly. I am afraid we have to assume, at any rate, that the inspectors will operate it on a fair basis. We will have to give the inspector, I think, fairly full powers as to the person from whom he will buy a beast for the victualler, while this particular section is operative in reference to any particular victualler. It would be absolutely impossible to have him directed from headquarters, as to where he should go to buy. Therefore, I think the inspector will have to have a good deal of discretion as to whom he will buy cattle or sheep from, as the case may be. Of course, there is no great difficulty in regard to sheep, because no minimum price is fixed, but he will have to have discretion in regard to cattle. Then, having bought the cattle from the farmer, he would pass them over to the victualler at a fixed price. He would probably have to pay something higher than the ordinary fixed price. The fixed price will have to be paid to the farmer, and, if there is any expense, of course, the victualler will have to pay that in addition.

What grounds would you have for doing that?

How can you make him pay more?

Dr. Ryan

Where it is quite obvious that the victualler was not paying the minimum price, although his books show that he is buying from a certain dealer, or a certain farmer, since this Act came into operation, and that he is paying the minimum price to that one man, but before the Act came into operation he was buying from every farmer——

He has committed no offence.

Dr. Ryan

We cannot prove it.

Why should you put him under suspicion?

Mr. Broderick

Who is to be the judge of the suitability of the beast for the man's requirements?

Dr. Ryan

The inspector will have to do that.

Mr. Broderick

That is being taken rather lightly, and it is a very serious matter.

Dr. Ryan

I admit that it is, but I think the Deputy will also admit that in any of those schemes which are worked by the Department they are only too glad to get out of what I might call penal measures if they can possibly do so. If they feel that the victualler is going to go back and buy from the farmers again this will immediately be dropped.

Mr. Broderick

I think the butcher ought to be consulted before the animal is bought, in order to see whether it is suitable for his requirements.

Dr. Ryan

That would spoil the whole case. What would happen in that case is that a dishonest butcher would certainly be capable of saying to the man whose beast he was inspecting: "I am prepared to say this beast is suitable if I get good luck. If I do not get good luck I will not say it is suitable," so he must not know whom the beast is being bought from.

Mr. Broderick

The whole Bill is framed on the supposition that your ideas are not being carried out. It is possible, and even probable, that an honest man may, through the action of the inspector, be compelled to handle and offer to his customers in business meat of a very unsuitable quality. I think he is entitled to some safeguard, I do not think he ought to be treated as an outlaw before he is found guilty.

Dr. Ryan

I do not say that either. In fact, I think the enactment of a section like this will have a good effect without being enforced at all.

Mr. Broderick

There was never a section enacted that was not used against somebody.

Dr. Ryan

Several.

Mr. Broderick

I never heard of any.

Dr. Ryan

There was very strong objection to my having power to take over maize mills. I never took over one yet.

You learned from experience.

Dr. Ryan

It was not necessary.

It was not wise.

Dr. Ryan

Section 11 and Section 15 are somewhat related. They deal with restriction of the time of slaughter. We know from experience that our inspectors find it very difficult to call at a victualler's premises in or about the time he might be slaughtering. They have a very good intelligence system in the provincial towns, and as soon as the inspector comes into the town the victuallers get to know of his presence. If there are, say, four sheep hanging up in a shop, the inspector will invariably find that there were four sheep slaughtered the day before, but not more, as a rule. Some of them are so very difficult to deal with that it will be necessary that the inspector should be notified of the days and the hours of slaughter. Section 11 only goes that far—that is, that they should give 48 hours' notice of the time at which they are going to slaughter. Naturally, if a victualler says that he will slaughter on, say, every Monday and Thursday at 10 o'clock, he need not give any further 48 hours' notice, because that will be held to be his time until further notice is given. I do not think there will be any great hardship on the victuallers in that way, because as a rule they slaughter on a certain day and at a certain hour. If they find that they have to slaughter outside that time, I do not think they will have any great difficulty in getting in touch with the inspector and telling him that it is rather urgent that they should slaughter outside that time. Section 15 makes it illegal to slaughter at certain times. For instance, they must not slaughter on a Sunday. We will all agree on that. Also the Minister may make an order prohibiting slaughtering at any specified time, or during any specified hours.

Will that be a general Order?

Dr. Ryan

Not necessarily.

Can it apply to an individual?

Dr. Ryan

Yes. It is not necessarily general. Some victuallers have made a very strong case that they have to slaughter in the middle of the night, owing to hot weather and other causes. Others, for instance, have to slaughter on Saturday evenings, at most inconvenient times for the inspector.

Mr. Broderick

How does the 48 hours' notice come in?

Dr. Ryan

That is a different thing. If an Order is served on a particular victualler he is free to slaughter at any time he likes so long as he gives 48 hours' notice. On the other hand, Section 15 leaves the initiative with the Minister, rather than with the victualler. The Minister serves notice on him that he must not slaughter at certain times.

I would say that that is a great hardship on the victualler. If he wants to kill four or five sheep at six o'clock or seven o'clock on a Saturday, I take it the inspector would consider that an inconvenient time for him to call at the place. I think some regard should be had for the convenience of the victualler.

Dr. Ryan

When I was answering Professor O'Sullivan I said the order was not general. It does not apply to an individual. It would apply to an area. It is not going to be made impossible to slaughter outside working hours or anything like that. That particular section is not going to be used to penalise anybody.

Section 12 deals with the powers of search for cattle, sheep and so on. It is a long section, but I do not think there will be any difficulty in understanding it. It gives power to an inspector to inspect the animals and premises and ask questions and get all the information he may require to satisfy himself as to returns and so on. Section 13 is on a par with a section we dealt with already. It provides that if the Minister gives a certificate that a certain amount is due, it shall be accepted as sufficient evidence until the contrary is proved. At present we have to send an officer down from headquarters who has actually seen the entry in the register, or account book, or whatever it may be, in order to prove to the court that the document produced is a genuine one. We are changing that and providing that if a document is sent down under the signature of an authorised officer it must be taken for what it purports to be until the contrary is proved.

How can a man prove a negative? If you said that I owed you £10 and you take me to court, how can I prove that I did not owe you £10?

Dr. Ryan

Suppose I took you to court at present, how could you prove it?

It is for you to prove that I owed you the money. It is a recognised principle that no one can prove a negative.

Dr. Ryan

If I were to bring Deputy Belton to court at present and said he owed me £10, I would have to prove it.

You would have to prove it.

Dr. Ryan

The only change we are making is that I can do it in writing. If I brought Deputy Belton to court now and he said that he did not owe the money——

Should not I prove that I did not?

Should it not be the Minister that will do this, not an authorised officer?

Dr. Ryan

There are precedents in other Acts for this. It is done under the Minister's seal. There are several Acts under which a document produced under the Minister's seal is taken as evidence without an officer having to attend and say that it is the seal of the Minister. That is all it means.

Are you putting the seal on these documents?

Dr. Ryan

Yes.

Then it is not being done by an authorised officer but by the Minister?

Dr. Ryan

By a person authorised by me. It does not deprive a person of his defence. All it means is that we need not send an officer to say that the document was sealed by the Minister; that the court will accept that seal as genuine without having it proved. Section 14 is the section we were dealing with on the levy question and deals with cattle and sheep slaughtered on unregistered premises. I think we have dealt with that sufficiently. It deals with a small number of people who were unregistered and afterwards became registered. As the Act at present stands, we are not entitled to take money from them for the cattle and sheep slaughtered before the registration took place.

Does not the principal Act provide that anybody who slaughters in an unregistered premises commits an offence?

Dr. Ryan

It will still be illegal to slaughter on an unregistered premises. If a person slaughters on an unregistered premises, he will have to pay the levy, but he will also be dealt with in the court for committing an offence. I dealt with Section 15 in connection with Section 11. Then we come to Section 16. Section 25 of the principal Act deals with the minimum price and, as the section stands, there is no offence committed unless the person actually buys the cattle below the minimum price. It often happens when a victualler goes to buy cattle from a farmer that the farmer talks to him after some time about paying the minimum price and then the victualler just sheers off. In that way farmers who are anxious to bring a victualler to court for not paying the minimum price are deprived of the opportunity, because the victualler does not actually buy.

How could that be done when there is no contract?

Dr. Ryan

It is being changed now and provides that if he offers or agrees or contracts to buy them he can be brought to court.

There must be a contract before he can be prosecuted.

Dr. Ryan

If you make it illegal it will be illegal. This Dáil can do anything like that.

I suppose slapping hands at a fair will be an illegal offence?

Dr. Ryan

That would be much further than you need go under this section. It is also proposed to delete the words "to sell or," which means that if the farmer sells at less than the minimum price, he is not committing an offence. The buyer, however, does commit an offence and the farmer will be entitled to go to court afterwards to recover the remainder from the victualler. Of course we will deal with the victualler for having paid less than the minimum price.

Legalising blackmail.

Dr. Ryan

There is no reason why the farmer should be prosecuted for doing that.

He will be used as a spy on the other fellow.

Dr. Ryan

Section 17 deals with Section 34 of the Principal Act, which provides "The Minister may at any time revoke a manufacturing licence if he is satisfied that there has been a breach by the holder of such licence of any conditions attached to such licence, or that the holder of such licence has committed an offence under any section of this Act."

Will the Minister tell us the meaning of sub-section (a) of Section 16? What is the meaning of the words: "or offer or agree or contract to buy?" Is it an offence to offer to buy?

Dr. Ryan

It will be an offence.

But at a fair a man may start bidding.

Dr. Ryan

It will be illegal to offer less than the minimum price, and rightly so.

Then a man's first offer will be an illegal offer?

Dr. Ryan

It will, because he must pay the minimum price at the first offer.

Mr. Broderick

Does the Minister suggest that if, in a market or fair where there is no scales, through an error of judgment, a dealer offers a price which it subsequently turns out is not the minimum price, he can be prosecuted?

Dr. Ryan

It does not affect the dealer, only the registered person.

Mr. Broderick

But if a butcher who is buying for himself goes to a fair, where there is no scales available for weighing animals, and offers £5, £6 or £10 for a beast, and it turns out afterwards when the animal is weighed that, through an error of judgment, he has offered less than the minimum price, is he liable to prosecution?

Dr. Ryan

He is, because it must be put on the scales and the minimum price paid.

Mr. Broderick

But if there is no scales available?

Dr. Ryan

Then the inspector must come into it.

Mr. Broderick

If, in the opinion of the inspector, it is not paid, he is guilty of a crime against the law?

Dr. Ryan

Yes, the inspector will have to come in.

Mr. Broderick

He is a mighty good man, that inspector.

What qualifications have these Pooh Bahs of inspectors? They must be experts in everything.

Mr. Broderick

I would not be too hard on the inspectors. They are doing their work as well as they can.

Dr. Ryan

For goodness sake, let somebody say something on behalf of the poor farmer.

You are doing that for us.

Dr. Ryan

Look at the hostility I am meeting here when I am trying to do something for the farmers.

Mr. Broderick

The difficulties you are in are being pointed out to you and you ought to be thankful for that.

Dr. Ryan

The Opposition are unconsciously against the farmers at every opportunity and I am just drawing their attention to it. I was going on to deal with Section 17. The change in the wording, regarding the conditions of a manufacturer's licence, is necessitated by the fact that if the Minister himself is in the manufacturing business, he could not revoke the licence unless he suspected himself of having committed an illegality under the Act. That would not be a nice thing for any Minister to have to do and we must change the wording on that account. Section 18 exempts manufacturers from the provisions of the Act, if that is thought to be necessary. For instance, let us take this new canned meat factory. It will be necessary to give cattle to the canned meat factory at prices less than the minimum price. The Minister, of course, may have to pay the minimum price, but the Minister may have to give the cattle to the factory at a loss. There is no use in trying to collect a levy from them.

In other words, they are going to get protection as against the butcher, to be subsidised as against the butcher?

If the Minister buys cattle for the canned meat factory he is not obliged to kill them. Cannot he sell them as live stock at any price he likes and what is the need for the section if it is intended to cover only the canned meat factory? Cannot he buy these cattle at the minimum price and give them to the canned meat factory for nothing if he likes?

Dr. Ryan

But why should I try to collect the levy? They may be getting second class stores. They will have to get some second class stores at least.

Does the principal Act not provide for different grades?

Dr. Ryan

It does, but I think this is much the simpler way of dealing with it.

It is open to abuse perhaps.

Dr. Ryan

The Minister will not abuse it. It is only the Minister can use it.

It is hiding the subsidy.

Dr. Ryan

I do not think so. It is not, because every transaction the Minister carries out under the principl Act must be laid before both Houses.

Would this apply to every manufacturer as well as the canned meat factory?

Dr. Ryan

It might, to any manufacturer.

You would not charge a levy on old cows, surely?

Dr. Ryan

They are not for human consumption.

The subsidy will be hidden in the balance sheet.

The Chair has given a certain latitude to Deputies because they have asked many helpful questions, or questions obviously intended to elicit information. They should, however, confine themselves to such questions. I might remind Deputies that this is the Second Stage, on which they can only speak once.

Dr. Ryan

Section 19 deals with the change over from free beef to a contributory scheme. I do not think it requires any explanation further than that. As regards Section 20, these amendments look rather difficult and formidable. There are many amendments, but practically every amendment is concerned with knocking out the words "free of charge" and putting in the word "obtain." Sections 19 and 20 all lead up to the same point. They deal with the change over and nothing else. Section 21 gives power to supply canned beef instead of fresh beef wherever it is thought advisable. Section 22 gives power to give contracts for the supply of canned beef. Section 23 deals with the tightening up of the provisions of the principal Act with regard to the supply of beef on vouchers. There were some evasions there also with which it was somewhat difficult to deal—where, for instance, a butcher supplied a little less than the correct amount and said to the recipient: "We cannot supply beef at this price, but we will give you 4lbs. instead of 5lbs." We had contemplated the offence of their giving sausages or mutton instead of beef, but we had not contemplated the offence of giving short weight where the recipient agreed to take short weight. That is being dealt with under the section.

Will the recipients be dealt with under the section, too?

Dr. Ryan

They will. All the amendments in the Schedule just make those changes to which I have referred— taking out the words "free of charge"—in order to change the system from a free beef scheme to a contributory scheme. I think I have given a very full account and a very detailed explanation of the amending Bill and shown Deputies the great necessity of this amending legislation. I am sure Deputies will agree that in order to benefit the farming community, to see first of all that they get the minimum price and also to make the free beef scheme a more permanent scheme perhaps by changing it to a contributory scheme, these things are all necessary and I am sure there will be no opposition to the Bill.

How many extra inspectors do you expect to appoint?

Dr. Ryan

None.

So far as this Bill would lead to improved prices to the farmer for his cattle, one would like to support it but we had an experience, some of us a rather painful experience, of its predecessor, the original Act. The attempt to provide stipulated prices, or, indeed, anything near the stipulated prices, under that Act did not succeed. When the original Act was before the House some of us were not at all hopeful that the price of 22/- per cwt. guaranteed by the Minister would ever reach the farmers. In practice it turned out to be so. With some small exceptions on the Dublin market, where on occasion the price of 22/- was paid, the farmer never got that price. It is common knowledge that in country districts and at the local fairs cattle were openly sold at figures 33 per cent. below the stipulated price. Cattle were sold openly at 15/- or 16/- a cwt. The Bill does nothing to amend that. There might be a hint that there was collusion between buyers and sellers. There may have been. I did not see it happen. I myself was a seller and the only collusion I had was that in attempting to sell my cattle, at the stipulated figure, I did not sell them at all. We were told at one time that if we would only hold on to our fat cattle for a few months we would get a good price. I held on up to August and September and up to Christmas, but I did not get that price. Whether I will be more successful in the second year than in the first, I do not know. I am not a bit more hopeful that this Bill will give me 22/- a cwt. than ever I was. I do not see any section that will help the farmer to get the full amount. The provisions in the other were almost as severe.

Section 10 is rather drastic, I think. Anyway, I think it is undesirable that inspectors should have the power given them under that section. If I thought it was certain to succeed in getting the farmer a price I would support it. But, knowing that it will cause serious dislocation in trade, and that it sets up a new principle, in the power given to inspectors, I believe it is rather dangerous. The inspectors I have in mind are rather decent, respectable men, and most of them know their job. But I believe there are some inspectors that do not know their jobs as well as men who have worn their teeth at the business. To say that any butcher should be required to purchase in any circumstances, the beasts imposed on him by an inspector is rather a drastic proposal. I do not think it is the Minister's intention to apply this section except in the case of a man known to default and evade the law.

If people deliberately try to block legislation, and evade it, much as one might oppose legislation in this House, one could not say very much for the deliberate evasion of the law. But if what I have stated is the intention or general purpose of this section I think it should be opposed. The Minister, in another section, is putting in rather an unnecessary amendment. That is, providing that offals, skins and hides are things that can be examined. I know the object is to safeguard the inspector in checking, and to see whether the butcher or trader is trying to evade the Act. If the butcher is mean enough to evade the Act, and is evading it, and is not lawfully selling the number of beasts he kills, he will have brains enough to do away with the skins or offals when the inspector comes to do his checking. If it is to be successful, that section would lead to a duplication of inspectors, and that would be too expensive. As long as the people are human there will be a tendency towards a little evasion of the law, but I do not think the method proposed here will get over it.

Section 11 provides that the proprietor should give notice of his selling. Under Section 11, the inspector would know what a man is selling, and so the main purpose of the powers given under Section 10 would be unnecessary. You have all the powers necessary under Section 11 if you can operate it successfully, so that there would not be much need for Section 10. There is a small point in Section 12 to which I would like to draw attention. I do not know whether it is of much account, but it strikes me that it might lead to mistakes or errors. An inspector is given certain powers as to the examination of cattle and sheep. He has power to question certain people in charge of the cattle and sheep and to ask them to do certain things. Sub-section (2) of Section 12 provides that any person who shall do any of the following things, etc., etc., shall be liable to a fine not exceeding £20. I notice in every other section when the word "persons" is used it is a person in charge of, or having custody or possession of; but in this particular sub-section it means that every person who does any of many things set out shall be liable to be fined. I am only mentioning that to obviate the possibility that some harmless person who had no connection with cattle or sheep but who, if he did not give a satisfactory answer to the questions put to him, might become liable to the penalty under this section. I am not legallyminded enough to know whether that particular point of view is correct. I point it out to show that, at least it seems to me, there is doubt about it.

A point arises under Section 18 which practically amounts to the subsidisation of the canned meat industry. To my mind, it really does amount to that. These particular manufacturers are getting a number of beasts free of levy, and, so far, that amounts to subsidising as against the butcher. In that particular way, and taken in connection with another section, it makes it particularly harmful inasmuch as these canned factories will be directly competing with butchers in certain ways, that is, in the administration of the free beef scheme. A later section gives the Minister power to give canned beef in lieu of free beef in certain cases, so that the manufacturers would be directly trading in opposition to the butchers, and the fact that they are allowed to escape the levy means in itself giving them a subsidy. They have a further subsidy in the fact that, while the butcher is compelled to kill a first-class beast and give the stipulated price for it, in very few cases, as I think the Minister admitted, they will not be required to kill a first-class beast. They may kill first or second-class stores for canning, so that that is another advantage to them as against the butcher. I think that section should be reconsidered. It is not advisable that any set of people, whether manufacturers or not, should be given a preference against other traders because that is what it would amount to eventually.

In the final section, Section 23, the Minister proposes to compel butchers —and it applies also to the recipients —to give and accept only the stipulated amount of beef on the voucher. That might be necessary in order to get over the difficulty of giving a lesser quantity than that stated on the voucher, but, in a way, the cure might be as bad as the disease. Take the case of a country district, where you have one butcher who kills a certain number of cattle on Saturday. His trade may turn out to be a bit bigger than usual, and when some poor people come in for their free beef on Saturday evening, he has only got a certain amount in his shop and cannot fill all the vouchers. He may say: "I can give you part of it and perhaps give you the rest when I kill again on Monday or Tuesday," or make some such arrangement, but this section now prohibits him from doing that. It will be a case of the poor recipient coming in on a Saturday to the local butcher's shop, after getting his wages, and being told: "I can only give you 4 lbs. because we have only so much beef or mutton in the shop to-night, as we had a big day." He might be a perfectly truthful and honest tradesman, but he is to be prohibited from doing that by this section and there is a danger that the section may, in that way, be harmful to the recipient. That is the only objection I have to this section.

The Bill generally gives rather more powers to an inspector than one would like to see in any legislation. If I had any fear that these powers would be used very drastically or very often, I would have more to say about them, but I do not believe they will. I believe the Minister is putting in these provisions with the intention of using them only in very exceptional cases. One would like to express the hope that the Bill will be an advance on its predecessor and that the farmer will have some hope of getting something near 22/- a cwt. I am fearful of it myself, and I think the Bill will require some amendment in committee. The powers in Section 16 rather amuse one. I pointed out a moment ago that it was very difficult for a farmer to get anything near the stipulated price of his cattle and, in fact, the only thing for which many of us went into the fairs during the last few months was to see whether there was any increase in price or any hope of selling in future. Half the fun of the fair was in watching the other man making a deal. The bid, the advance and the split-the-difference helped to keep many a man in merry mood and something was needed to cheer him up, but even that is prohibited now, and we can no longer use the old familiar phrase: "Split the difference." If I ask a man £12 for my beast—and I would start at £12 if I thought I would get it—it will be illegal in future——

Dr. Ryan

You can do that all right.

I would start at the top figure, even though it was beyond the 22/-.

There is no danger of your bringing the other fellow up.

I would start beyond the 22/-, but the poor fellow is prohibited from doing the old familiar thing and half the fun of the deal is eliminated. If only to preserve our noted sense of cheerfulness and to leave some of the fun of the fair still existing, I should like to see that section removed. When there is a little humour left in the world and a little occasion for a display of cheerfulness, it should not be eliminated altogether.

On the whole, the Bill is an attempt on the Minister's part to remedy difficulties he found in the original Act, but, for my part, I do not see any hope of our being able to enforce anything like the fixed price for the farmers. The original Bill, when going through the House, appeared to be pretty drastic, so far as the powers it gave to the Minister and the Department are concerned, and in saying that I should like to pay my tribute to the Department's officials. They did their best to put the Bill into operation, but there are things to do which superhumans would be required. One of those things is to make butchers and others pay an uneconomic price; and 22/- to the local butcher, when he had to give beef at 4d., was an uneconomic price and he could not do it. The Minister himself rather admitted that in reply to a question on some other section. He said that there was a difficulty with regard to country districts in that the Dublin butcher was favourably situated because he could sell the dearer parts to good customers, while the country butcher had not got that advantage. The country butcher, in that way, suffered hardship in being compelled to pay 22/-, and I see a difficulty that, if the Bill is enforced, there will always be a tendency to evade it, if possible. I believe that, in practice, it will mean that the people in country districts will not get the 22/- fixed in this Bill any more than they got the price fixed in the original Bill.

I should like to refer once more to the Minister's admission with regard to the Dublin butchers selling the best parts to good customers and giving the rest to voucher holders. That was rather different from what we were told during the discussion on the original Act. We were assured, everyone of us, that the best quality beef and mutton was to be given in return for vouchers, and that the man producing a voucher, whether it was free or contributory, as it is now going to be, was entitled to the best. Now we have it admitted by the Minister——

Dr. Ryan

I should like the Deputy to quote me as ever saying that.

I will not quote you as saying it.

Dr. Ryan

I said that they would be compelled to supply from first-class beasts.

I am not quoting the Minister as saying that, but the trend of the discussion was that the holder of a voucher would be entitled to the better parts. I would be sorry to see the butchers in Dublin being obliged to fulfil the particular conditions the country butchers are made fulfil. I know the country butchers are very well looked after by the Department's inspectors. They are doing their duty very well. Many butchers have pointed out to me that it is almost impossible to pay 22/- a cwt. and continue to make a working profit. As long as that is the case there will be men here and there who will try to evade the law. When this happens in one or two instances the effect of it spreads.

Under the principal Act we all found it impossible to get 22/-. I never wilfully tried to evade the law. In fact, I was anxious that the Act should be worked and the farmers should get the benefit of it. The farmers never did get the benefit of it. It acted against them if anything. It would be difficult to operate the measure except the farmers could be persuaded to come out in the open and make the dealers and the butchers give the fixed price. The Minister realises the difficulties the farmers are in. In many areas it is not regarded as an offence for a farmer to take less than the stipulated price. A good many farmers in bad times, if they cannot get 22/-, will take 20/- and even 17/-. If the Minister would put himself into the position of a good many needy farmers, he would know that is so. He would know many a man harrassed for rates and rent and perhaps having to go to the sheriff would be prepared to take 14/- if it was offered to him, and he would not say anything about it either. I do not believe that in practice it will work out at 22/- for the farmer and in the end this will not be any more successful than the last Act. It is an attempt on the Minister's part to try to do the impossible. I, for one, will not vote against it.

One would think, hearing Deputy Bennett and other Deputies opposite, that this amending legislation was not intended to relieve the producer. Is it not a well-known fact that butchers throughout the country went all out to evade the regulations, particularly in Dublin, and in a small way in the rural districts?

What were the Inspectors doing?

Mr. Flynn

This amending legislation will be a boon to the farmers and they will recognise that it is an effort to remedy that state of affairs. I quite appreciate Deputy Bennett's reference to the fact that farmers were compelled to take less than the minimum price. If the butchers passed on the benefit to the consumers it would not be so bad, but the butchers availed of the conditions prevailing and gave no reduction to the consumers. The result was that there was wholesale evasion of their responsibilities. This measure is most welcome in so far as it will go 90 per cent. of the way towards remedying the existing state of affairs. So far as I understand, the farmers are a good deal to blame, because the inspectors in their efforts to remedy abuse of the system urged the farmers to give evidence against some of the butchers. I cannot say why, but the farmers in any case were reluctant to give evidence and that made it practically impossible for the inspectors to do the work they could have done in remedying the abuses which this legis lation is intended to rectify.

Arising out of the Minister's refer ence to the canning of beef, I would like to urge that the smaller type of store cattle from the Kerry cattle area should be utilised for the Roscrea canning factory. Great propaganda has been made because of the fact that that type of animal is unsaleable. It is not the economic war that is the main factor in that respect. As a result of the operation of the Live Stock Breeding Act passed by the late Government, there were serious reactions in regard to that type of stock. These cattle have deteriorated because under that legislation the Kerry cattle were scheduled in certain areas, and they have become more or less a stunted type of animal, and are practically unsaleable. If we never had an economic war that problem would have to be tackled, and any Government in power would have to remedy it. Some appeals were made to the last Government to amend the Live Stock Breeding Act to the extent that it would allow people to revert to the original system which suited these areas, but the then Government did nothing to relieve the unfortunate people. The position now is that they have those cattle on their hands, and I suggest that they could well be utilised for canning purposes in Roscrea. If such a scheme were put into operation, one of the most difficult problems, in so far as Kerry is concerned, would be solved. These animals could be disposed of in a similar manner to the uneconomic cows. In that way the position in Kerry generally would be improved.

In so far as the question of the butchers is concerned, we have had complaints from all over our areas in regard to the working of the system, and we realise that a remedy is long overdue. The people will appreciate every effort the Minister is making in that direction.

Listening to Deputy Seán Flynn here this evening is like listening to the "heathen Chince." We heard him talking about the virtues of the butchers of Kerry and comparing them with the terrible butchers of Dublin. I am afraid Deputy Flynn is speaking like one of the many of that unfortunate class in this country who in order to get one or two breaths of air are prepared to sacrifice other things. The Deputy is thinking of the unfortunate farmers in the country who cannot get any sort of price for their cattle, and he is taking the mess of pottage, even though that is as far as the proposals in this Bill are concerned, at the cost of opening up an appalling tyranny. In order to get some small bit of hope for the farmers in the matter of a price for their cattle the Deputy agrees or would be prepared to agree that the Minister should take up with regard to the victualling business in this country the attitude that he will buy the cattle from the farmers himself — that he alone will buy the cattle when he makes up his mind that he has something to gain by a control over their business and their lives. Deputy Flinn tells us that there have been serious abuses in Dublin in purchasing cattle under the minimum prices——

And elsewhere.

I must say that when Deputy Flynn got up I expected to hear from him something about the conditions existing in the country — something which would make it necessary for the Minister to bring in this Bill with these extraordinary proposals in it. That was my hope when he started to speak, but when I heard him ending up by fixing the blame on the Dublin butchers, then I felt that we were to get no more information from him than we got from the Minister. The Minister went through the Bill and treated us to a summary of its various sections. But he said nothing as to the conditions in the country and as to the facts of the situation that would warrant him in bringing in this Bill.

Dr. Ryan

That would be out of order.

It would be out of order when bringing in new proposals like these to tell us why they are brought in?

Mr. Flynn

It was out of order in the Butter Bill.

The Minister now suggests to us that the reason why he does not tell us anything about the reasons for this Bill is because it would be out of order.

Dr. Ryan

About the operations of the Principal Act.

He has not told us the reason for introducing this Bill or the reason why with his 120 inspectors under the Principal Act the object aimed at in the Principal Act is not being achieved. But he tells us that it would be out of order to explain to us why he is bringing in this Bill now to amend the Principal Act.

Dr. Ryan

I explained that.

There may be Deputies in this House to whom he conveyed a picture as to why it is necessary to take the powers he is seeking but he did not convey it to me. In November last the Minister, apparently having difficulties about the minimum prices, addressed himself to the exporters and we were told from the Press reports of the meeting that the Secretary of the Department told the exporters that the time had arrived when the cattle exporters must buy their cattle at 25/- a cwt. live weight or else be run out of business. The Minister's representative told them in explicit language that they would be turned out of business if they did not pay 25/- a cwt. live weight. He agreed at the time that 25/- a cwt. was hardly a fair price and he agreed that at that price the exporters were going to make nothing out of it; but he conveyed to them that they were going to be run out of business if they did not conform to his line of policy. We have not heard from the Minister his experiences as to what the developments afterwards were.

Dr. Ryan

I did. We adopted the system of licences.

And the price of Irish beef went down.

Yes, the Minister shortly after reduced the price to 22/- a cwt. We have now a Bill here in which the Minister without assembling the butchers and without expounding the situation to them says: "We are going to run you out of business, not so much if you do not pay 22/- a cwt. but if you do not pay it in the way in which we expect you to pay it." The Minister's representative told the exporters at the time that this was now practically the only country in the world where individual exporters were operating in business. The Minister is apparently going to dictate to the butchers the way in which they are to carry on their business. His complaint is that where they formerly bought from individual farmers they are now buying through an agent, and he says: "Unless you drop the agent and buy from the individual farmers we will step in and make you buy from the Department's inspectors and we will make you pay the Department's inspector more than you would pay the farmer."

The only complaint that I have seen made in a public and explicit way with regard to the purchasing of cattle under the minimum prices regulations was made at a meeting of the Cork Mental Hospital at the beginning of the year. The members complained that the Minister for Local Government and Public Health was sanctioning contracts for beef at a lower price than the minimum price fixed by the Minister for Agriculture. The line taken up by the chairman of the meeting was: "If there are philanthropists amongst our contractors we need not in any way bother our heads about it." There we had a department of the Government four months after the minimum price regulations were published, sanctioning a contract for beef to the Cork Mental Hospital at a lower price than that fixed by the Minister for Agriculture. The Minister is taking power to put the butchers out of business or to impose on them impossible restrictions. There is a proposal that his inspectors are to be around the premises to seek information with regard to the price, the history, and the pedigree of every sheep and beast on the premises. This is opening up a new line of Ministerial control with regard to a very important class in the community, and I do not think that any farmer, great as his difficulties may be, should be so influenced by the possibility of what this mess of pottage may be to him, as to be willing to sell to any Department, and particularly to a Department run by the Fianna Fáil Administration, when one considers the spirit of that Administration and its right to interfere with every phase of our manufacturing or commercial life in this particular way. It seems a most tyrannical abuse of departmental privilege. There is this other section of the Bill which the Minister says is not giving a hidden subsidy to the Roscrea factory. The Minister has already loaned £16,000 to the Roscrea factory.

Dr. Ryan

That section does not refer to the Roscrea factory at all. It refers to the canning factory.

I do not know whether the canning factory is going to be a piece of, shall I say, social service, or whether it is going to be an ordinary commercial institution.

Dr. Ryan

Both.

I think that if there is any part of it going to be a social service matter, the assistance it gets from the State should be a direct and a calculable assistance. We should see it in the State accounts. If there is to be a subsidy to the canning factory it should be a clear and open subsidy. There can be no reason for the terms of this section except to hide public assistance given to some particular class of institution. Whether it is a commercial institution, or a social service, we should know what we are spending on it. The simplest and most honest way to do it is to have the matter brought openly into the Minister's annual Estimate, and our general review of expenditure. As I say, I disapprove entirely of the way in which it is being done. Deputy Bennett says that he would be tempted even to accept those restrictions, and this interference with important trade in the country, in the hope that the farmers may be more sure of getting the 22/-. I do not think that even the most struggling farmer in the country, when he considers the spirit of the present Administration, should think for a moment of giving the Government these powers, because, when these powers are lightly accepted in respect of one part of our commercial or business life, we are going to have a very definite attempt to force them in other directions.

I may say at the outset that I am in favour of the principle of the Bill, but there are certain sections in it which I think require amendment. Take, for instance, the securing of the price of 22/- per cwt. for our cattle. That was a problem which the Minister had in view when he put forward this Bill. We know that under the last Act which was passed here this 22/- was not secured. Efforts have been made to evade that price. I do not think the last Bill was supported as it should have been by the different people connected with the sale of cattle. There is a section in the Bill which gives power to an inspector to buy cattle and sheep for the victuallers. I do not know whether a big number of the inspectors would have all the necessary qualifications to satisfy many of the victuallers in this country. I have my doubts about that. Personally, I know only one inspector. He is a good man and knows all about his business, but I do not know what the qualifications of the others may be. I think they will have their hands full when they are trying to satisfy the butchers as to the sort of animal they will buy for killing. I think that will lead to a good deal of dissatisfaction.

There is another matter which I should like to refer to in connection with the tinned beef side of the question. Deputy Flynn made references to the Kerry cattle, and said he would be glad if a good many of those cattle could be disposed of in that way. I know the kind of cattle they have in Kerry; when they have to carry the tax put on them by the British Government it puts any hope of shipping them out of the question. There are very few cattle in Kerry worth more than the amount of the tax which would be imposed on them when they are sent to England, with the result that they cannot be sold at all. I know that the price of 22/- would be very far indeed from the cost of production. I do not see what hardship it would be on the victuallers here in this country to pay 22/- a cwt. If we had an open market for our cattle the least they would have to pay at the present time would be about 35/- or 36/-. They are now relieved of having to dispose of some of their beef at 4d. per lb. and are given an opportunity of securing a better price than that. They should, therefore, be prepared to give a better price for the cattle.

The Bill also states that it will be necessary for the victuallers to have weighing machines to satisfy the inspectors. Of course in every victualler's shop there is a machine that will weigh 30 or 40 lbs., but very few of them have machines capable of weighing half a carcase. If they have to provide those machines it will mean a very considerable expense to some of the small butchers in the country. I do not know what can be done to rectify that particular point. I do not know whether it would be possible for the meat to be cut up into small portions so that it could be weighed on the machines which they have in their shops.

The manner in which selling is carried on at fairs was also spoken of, I think, by Deputy Bennett. He thought it would be a pity to have the old system departed from. I think, whatever the Minister may do in trying to secure 22/- per cwt. for cattle, a certain amount of that bargaining will go on at the fairs and markets. This 22/- per cwt. does not refer to store cattle; it will refer mostly to fat cattle. I, too, would be very sorry to see the old method of making a sale at the fairs done away with. I think it was very satisfactory. They got themselves into good humour about it, and the transactions finished up satisfactorily for both buyer and seller. There are other sections of the Bill which, I think, will require amendment. What I do say is that it is our duty to give any help we can towards securing the 22/-. I may say that we are not at all satisfied with that price, but I know that attempts have been made to secure cattle at a lesser price, and that a good deal of cattle were secured at a figure lower than 22/-.

I have not very much more to say at the present time in connection with the Bill, except to repeat that we ought to give every assistance to the Minister in his intention to secure the 22/- per cwt., although, as I said before, I think it is a terrible price for which to sell fat cattle. If such a position is to continue, in a very short time there will not be very much cattle in the country to sell at that price.

I am surprised at Deputy Holohan supporting the principle of this Bill. I quite agree that the House should give every possible support to the Minister in trying to solve a difficult problem, but I think that the Minister should face up to the realities of that problem. What is the position? We have more fat cattle than the British quota and the home market can absorb. The Minister proposes a fixed price for cattle of 22/-, which is a lie on the face of it. Section 25 (5) of the Principal Act says: "When fixing a minimum price under this section the Minister should have regard to the cost of production of the animals to which such price applies." I am sure Deputy Holohan does not think that 22/- per cwt. has much regard for the cost of production.

I do not, and I said that too.

The whole trouble is that if we have five fat cattle we have only a market for three of them. How does the fixing of a minimum price relieve that situation? Personally, if I were in the cattle trade, I would rather take my chance and sell my cattle at any price I could get in order to get them off my hands than get an alleged fancy price for some of them and have the others left on my hands. That is the whole snag. If the Minister wants to enforce the minimum price there is only one way for him to do it, and that is to grade the cattle and provide depôts where he will take the cattle at 22/- per cwt. or fix a price for the various grades of cattle and let him suffer the loss and the country suffer the loss.

Deputy Flynn made a pitiable appeal for Kerry cattle. Deputy Flynn and the people of Kerry may as well face up to the situation. They take pride in the fact that at the last election they put five men at the head of the poll belonging to a Party that is responsible for this state of affairs, and Deputy Flynn is one of them. Deputy Flynn got this consideration for the Kerry cattle area — that while every other part of the Free State has to pay a tax of 4d. per lb. on butter, whether farmer's or creamery butter, the Kerry cattle area is exempted and is getting the advantage of the inflated price of butter, while the other parts of the country are taxed. If Kerry is such a Republican county it should have repudiated that gesture of the Minister's and say: "We have voted for this and we will pay the price and put up with the suffering caused by this; we want no special treatment for our corner of the Free State any more than any other." Why should they vote for these conditions for themselves and other parts of the country and then want special consideration for themselves? Is that the patriotism? The Minister says that the price is being evaded. It has been evaded and, no matter what the Minister may do, it will be evaded. I do not believe that any man in the country gets the full price, and I question whether Deputy Bennett even is an exception, although he said that he insisted upon getting the full price.

I never got it — not even in one instance.

Then Deputy Bennett broke the law.

He did not.

He must have broken it if he did not get the full price.

I was waiting for the Minister to give it to me.

I do not believe that any man in the country got it.

Except in Dublin, perhaps.

Every man who has cattle is the victim of conditions, and putting a penalty on men for trying to get out of cattle will not prevent men from getting out of them. They will find a way for doing it. I could suggest scores of ways to the Minister that he has not contemplated in this Bill by which people will get out of them. And why should they not? The Minister should insist upon letting them out. Deputy Mulcahy referred to the statement made last November by the Secretary of the Department of Agricuture in which he told the exporters that they would have to pay the 25/- per cwt. which then obtained. The Minister was appealed to not to make good the threat of the Secretary of the Department of Agriculture, but the Minister did make good the threat, with the consequence that the price of Irish cattle went down in the Birkenhead market and Argentine meat was let loose on the British market and fetched a higher price than Irish beef at that time. Those in the trade appealed to the Minister not to make good that threat, but he did carry out the threat and, as a consequence, the 25/- per cwt., which was the fixed minimum price, had to be reduced to 22/-.

One solution of the problem is to get a buyer for every beast you produce. Another solution is to get the Government to provide depôts and take the cattle from the farmers at a fixed price. Another is to shoot all that we do not want. Any man who would hold on to fat cattle and not sell them, even at 15/- or 16/- per cwt., must have taken leave of his senses. Why should he not let them go for some sort of price? If he does not turn them into money, what is to be done with them? I pointed out yesterday that in County Dublin only 411 cattle can be exported out of 5,000 ready for export. Other counties may not be as badly hit as that; but that is a sufficient example to make the Minister apply it to this Bill and see if this Bill will provide a solution.

He proposes, where he has a suspicion that a butcher is not paying the fixed price, to tell that butcher: "I will not allow you to buy cattle for your trade any longer. You dare not buy cattle. I will buy them for you and I will sell them to you and you must sell that beef." That has all to be done by an inspector. I do not know what qualifications he may have, but surely a man that may be in a trade all his lifetime would not survive in that trade if he did not understand it? Some fellow who was not able to build up a trade, who looked for a job last year, who was, perhaps, on the rocks, had no job, and was not able to make a living on his own, is going to be brought in to run a business for the man who did make a living for himself. The man who is able to climb from the bottom is to be pushed out and the fellow who got a job through political influence, perhaps, in the last 12 months is going to be put in to run that man's business. I never heard of anything so ridiculous in all my life. He has to buy the cattle. From whom will he buy them? Will he buy them from his enemy? Of course he will! Is there not a great temptation placed in the way of such a man. That man is not in a permanent position. He is a product of the economic war. He has, if he is fit for his job at all, some little experience of it, but yet the fact that he was looking for such a job shows that that bit of experience he had was not sufficient to enable him to build up a trade of his own.

What will he say to himself?

"Make hay while the sun shines." And will the sun not shine! I am sure it will. It has shone brilliantly in many quarters in the last 12 months. That is well known, not to the Minister for Agriculture, I am sure, but to everybody in the trade. If the man was found guilty, then there might be something to be said for it, but here is a case where the law provides that a certain act is illegal. Machinery is provided for dealing with that illegality. Surely that should be quite enough? This new section goes on the assumption that an illegality is suspected but we cannot prove it. You say: "We suspect a certain butcher of getting round the Act, so we will act on that suspicion and we will take control of his business from him without any proof that he is guilty." How many people have been strongly suspected of murder? How many people have been strongly suspected of innumerable crimes and yet, when they are tried in court, many of them are found innocent, even though the evidence was sufficiently strong to make the authorities take them into court and charge them with the crime? Here, without formulating any charge, they are going to take control of the business from the man suspected. Surely, if there is a strong suspicion, you can watch him, and if you are not fit to watch a man for an offence that you believe he is committing, there is something wrong somewhere. That whole section should be sufficient to make any honest-minded man turn down the Bill.

Then there has to be notice given of slaughterings. A man in these difficult times trying to run a business and pay his way, must be hampered at every twist and turn to give notice of slaughterings and, on the other hand, to take notice of slaughterings. He cannot run his trade in the way that will suit his business. He is tied up with restrictions and he must run his business in the way that will suit an inspector. All for what? An attempt at the impossible — to put five cattle into three stalls. That is the whole object of these restrictions.

Many of these sections will have to be dealt with very closely in Committee. Under Section 18 the Minister may

whenever he so thinks proper, by Order (in this section referred to as an exemption Order) made with the consent of the Minister for Finance, exempt all or any specified holders of manufacturing licences from all or any specified provisions of the Principal Act as amended by this Act or of this Act.

The Minister amplifies that by saying that it will exempt the Minister if he goes in for canning. The Principal Act provides, I think, that the Minister can give a licence to anybody to go in for the manufacture of meat products. The way I read that section is that whoever gets a licence is exempted from paying the fixed price for cattle. This is a back-door out. I put that position to Deputy Holohan and Deputy Bennett, and I think this is a fair proposal: If they have five cattle, they can sell three out of the five — you can make that 5,000 or 5,000,000 and 3,000 and 3,000,000 if you like — at 22/- per cwt. They have two left. Assuming that everything works out mathematically, these two would be there for the canned industry. He can give you anything he likes for them. Do you not think he would be canning you?

We are canned.

We are canned, but we should not subscribe to the canning. If we are canned by the Minister and his policy, it is bad enough without acquiescing in the canning. I do not think we should agree to it. Will he guarantee for the canned industry the full fixed price for the class of beef he will buy for it? Will he guarantee that he will can — and it is his funeral to dispose of it — all the beef that we cannot sell? If he does that it will be quite easy to work the matter, and the Minister will not want a solitary inspector. He can put them all out to do some other useful work. If we are guaranteed 22/6 a cwt. for beef, the Minister can rely upon it that the farmer will insist on getting his price. The Minister need not get any watchdog to look after the butcher in that case; the farmer will do it for him. Guarantee the farmer 22/6 on a 100 per cent. of his meat, and the rest will be easy. You can pass Acts until you are black in the face, but they will be no use unless there is full consumption for the beef produced here.

I would like to know from the Minister if it is still contemplated to make the exporters pay the full minimum price. Will exporters have committed an offence if they do not pay their 22/6 per cwt. for beef, assuming that price is fixed? I think both the Act and the Bill are carefully drawn and have stipulated selling to the butcher. That was my reading of the Principal Act, and I was surprised when I heard last November about Mr. Twomey's dogmatic statement. I would like the Minister to inform the House if my interpretation of the Principal Act, and this Bill, if it comes into force, is correct: that the exporters will have to pay the full minimum price.

Dr. Ryan

They do not come under the Act at all.

Then what authority had Mr. Twomey for saying that the exporters would have to pay the full minimum price?

Dr. Ryan

If they were to continue to get licences.

Will the condition continue, of licences being handed out?

Dr. Ryan

They are not going to exporters here.

But they are going to other exporters. And they are not worth anything if they are not tied to the tail or to the horns of bullocks for export. I think we ought to be clear on this point. I think the Minister is more or less evading a reply on this question. The only meaning I take out of his answer is that there will be no obligation on a dealer buying a fat beast in the Dublin market for which there is no export licence. He can buy him for 15/- a cwt., if he meets somebody willing to sell to him. I take it that that is the position. How is that going to help the trade? According to the Minister's admission there can be no prosecution in that case. The dealer does not come under the Act at all.

We have now come to a nice pass. We are allowed another 9,000 odd fat cattle per month. I have already given the number of fat cattle in the County Dublin for this month and we got licences for the County Dublin to the number of 411. The position the Free State is in now is that we are sending 9,000 additional fat cattle a month to Britain or Northern Ireland. The dealer can buy these and we give him licences to get them to Great Britain. He can buy them at any price he likes in Dublin or in other parts of the Free State. He could go into the Dublin market to-day, or next Thursday, and buy them at 15/- a cwt. if that is the state of the market. How much better can we expect the state of the market to be when we have in this country about 20,000 cattle for sale this month? I do not think the Minister will contradict that figure. We have 20,000 and out of that only 9,000 are to go over. That means that there is over 10,000 of a surplus. A dealer can buy these cattle at any price he offers and send cheap meat to John Bull in Britain. If the Dublin butcher buys at that price he may find himself in Mountjoy in a week. Is not that what the Bill means? If it is not, I do not know how to read it. If I do not know how to read it, how else is it to be read? The Minister leaves no other meaning possible to my mind. I should be glad if the Minister would explain that matter. I would be glad to be convinced that even the low price of 22/- which the Minister fixes is the best he can do.

I have not the least doubt that the Minister is honestly fixing up machinery to get that 22/- per cwt. for the farmer. I have no doubt the Minister is honest in his intention to get 22/- a cwt. for beef produced by the farmer, but my criticism is that he is attempting the impossible. Incidentally it is unfair to place conditions and restrictions upon Irish traders and butchers in this country that do not attach to traders outside this country, especially when in trading outside this country they can have the pick of one out of every two beasts they want to buy. If one of the two beasts is not taken by that dealer there is no one else to take it, and he could get that other beast at any price he chooses to offer. I would be glad to hear the Minister refute that. I think the whole scheme, and the whole outlook of the Government in these times of depression of the agricultural industry, is very peculiar. There is not a single attempt they are making, ostensibly to relieve, that is not accompanied by new taxes in some shape or form. These taxes or levies are put on ostensibly to help the industry or to try to bridge over a difficulty. It seems extraordinary to me that those levies find their way into the Exchequer and that in respect of any of them the Exchequer is called upon to abandon, they claim a loss to ordinary revenue. That was never the intention of the levy, or this House, at least, had no such intention in mind. It was supposed to cover just the expenses of the measure that was being passed through the House. I know that, since that came to my notice, I felt that any levy intended for the rehabilitation of agriculture should be kept in a separate fund and audited separately for that particular fund and should not be money for the Minister for Finance to use for general revenue purposes.

I think those would be sufficiently good grounds for opposing this Bill, and I certainly will oppose it, because I can see nothing to recommend it. The Minister has done his best in the circumstances, but, again, it comes back to finding a market. You cannot fix a price for an article when you have not got the full market for it, unless you destroy a portion of it. You can do as was done in the prairie wheat districts — you can burn a certain amount of wheat, or maize, or cotton. Then, you can put up the price, but surely it is ludicrous to talk about fixing a price when you have not a market for all the stuff you have and you expect people to hold that stuff and not to sell it at any price less than the fixed price. If they cannot sell, will the Minister prevail upon the county councils and on the Land Commission to accept these fat cattle at 22/- a cwt. in payment of Land Commission annuities and local rates? They will not accept them and rate collectors have refused to take cattle, stating that they are no good to them. Yet, if those people attempt to cash those cattle at anything less than a purely fictitious price, for that is all it is in the circumstances, they are breaking the law and rendering themselves liable to prosecution.

I would suggest to the Minister, if he cannot get a better quota from Britain that, if he can make any use of canned meat, he should can the surplus. Let him guarantee a price and say: "I am prepared to give that." Let him sack all the inspectors and let us have freedom of trade here; let us sell at the fairs and on the markets, at 22/- a cwt., if you like, and let the Minister appoint depôts to which those of us who cannot get that price and who have cattle fat, can drive those cattle and get the 22/- a cwt. Then, the thing is solved, and I see no other means of solving it.

There is very definitely an air of unreality about this debate, and the reason for that is fairly obvious. It is that there is no one, either on this or the other side of the House, the Minister included, who believes that this Bill is going to achieve its principal object, namely, to secure a guaranteed minimum price for beef sold in the market. On the very face of it, the Minister, in the Bill itself, confesses that he is not engaged in a genuine endeavour to secure that end. He states, of course, that his object is to secure that particular price for farmers. There is a certain number of beef cattle killed here for consumption at home, and there are so many others exported— and a great number more — for consumption abroad. He has the same powers to fix a price for one as he has for the other, and if he definitely wanted to raise the price of all, he would begin by raising the price of the greater numbers; that is, those cattle which are for export.

We have mixed up in this Bill a thing which appears to me to be a real legislative paradox. We have the Bill ostensibly designed to raise the price of beef — to make beef dearer— and, at the tail end of the Bill, we seek to utilise it to distribute cheap beef. Surely, if any two things are directly opposite, they are "dear" and "cheap," and you cannot achieve both objects at the same time and through the same instrument. The Minister knows very well that he is merely playing with the troubles of the farmers at the moment by introducing a Bill of that kind. It is merely one of those futile, silly little rear-guard actions that are calculated deliberately to take public attention off the main front of the economic war and the main cause of all these foolish little Bills. The Minister knows in his heart that, by legislation, he cannot interfere with the laws of supply and demand, and that if the supply is in excess of the demand, no price fixed by any statute will, in fact, apply.

Previous speakers have pointed out that it does not pay anybody to sell a fraction of their goods at a reasonable price and to leave the main portion unsold, and that if they are business men, they will sell the whole lot, if they can, at a lesser price and make more money by doing so. As long as the Minister leaves the big, wide-open doorway of an uncontrolled price for the export market, all the policing and amateur detective activity that can be introduced into a country will not govern the price at home. It has failed abjectly and miserably so far, and it will fail again under this. The very serious thing, when you look into it, is that you are forcing people — traders, farmers and others — by bringing in foolish Bills that cannot possibly be implemented, to become in a mild way law-breakers, and practically every farmer who has spoken with regard to the original Bill, one after the other, has admitted that he breaks the law every day of the week. The Minister introduces this Bill because, he tells us, his other Bill was scoffed at by all, and that butchers and farmers broke the law. It is a mistake for a Government to put people in such a position that they break the law daily.

I believe further that if the Minister really meant business and not propaganda, if he meant to raise prices rather than to raise political propaganda, he would face up to this problem of the supply being in excess of the demand by tackling it at the real centre, at the real heart of things, by trying to get a greater quota, by trying to get increased facilities into an unlimited market. And, even assuming that he is over-ridden, or bullied, or intimidated by others in that direction, if he were honestly out even to control the prices at home, instead of play-acting about counting sheep-skins hidden under beds and going out into the fields to count the number of lambs, counting the amount of heads and feet lying in the dung-heap at the rear of the butcher's premises — if he really meant to try to control a price for the cattle and sheep slaughtered at home, he would begin at the beginning in a bold, honest way, and have a public abattoir in every parish, and he would have directly inside that abattoir a census of every beast killed. That would not cost a fraction of the amount he is frittering away in trade interference, in shadowing traders, both the farmers and the buyers, in searching premises, annoying the lives out of men in business and in private life.

This is just another of the types of Bills of which we have had too many of late, a mixture of petty tyranny and an unfair interference with a man in his own business. We are rapidly approaching the point where no man in business in this country can carry on from one hour to the other without having some unskilled, inexpert Government inspector walking in to interfere with his business, to tell him how it should be done or how some Minister considers it should be done. That is one side of this particular Bill. We have hordes of these inspectors, clerks, detectives, call them what you will, spotters, informers, harassing the farmer in his sales and the butcher in his purchases. You are giving them the right to invade a man's business, his land, to count hides and horns and heads, to interfere with his stock, to visit him at any hour and put a whole litany of questions, and if he has not time to answer these questions in a very meek and humble way, that man is reported.

And what is the result? The result is that a man who knows nothing about the business is to become the buyer for that businessman. Is there anyone who could reasonably be expected to carry on any type of business with an unasked-for buyer buying for him, a man who does not understand the business, a man who has no experience in buying the goods which the other man has to sell? Would it not be more honest to say you will immediately put that man out of business, you will have his licence withdrawn, his premises closed? There would be something honest and something decent in all that, but this left-handed way of crippling a man in his business, by interfering with him, by taking the power to purchase for his business out of that man's hands, is a state of affairs that should be regarded as intolerable by all Parties in this House.

What powers are you giving to these poorly-paid people you have appointed — these inexperienced inspectors, boys, I suppose, or young men previously unemployed, who sat for a competitive examination and got higher marks than perhaps the cattle man who was not so good at geography or arithmetic? You are giving them tyrannical powers, unequalled in any civilised country at the present moment. You are giving those inexperienced, newly-made, temporary clerks powers practically amounting to life and death over the whole trade of victuallers in this country. You are giving them powers to close up a man's business. You are giving them powers merely by report unverified, not proved in court, without any evidence that any legal man would accept, to paralyse and finish a man in his business. Not only that, but you are giving these poorly-paid people powers to act as the buyers for the highest butchers in the land. You are giving them absolute discretion as to whom they will buy from and where they will buy. You are putting temptation in the way of those men that should not be put in the way of any unqualified lowly-paid officer in any State.

You are throwing open wide to those people the gates that lead to financial corruption. The Minister must know that human nature has its frailties and that temporary officers previously unemployed, in receipt of wages of a few pounds a week are going, as Deputy Belton said—some of them at least—to make hay while the sun shines. Imagine the temptation you are putting in the way of those men? Imagine the hundreds of people who will come after these lowly-paid officers and say: "Look here, if you buy all you want for so-and-so's business from me I will give you a tenner a week." The Minister is not inexperienced in these matters. Every one of us has seen the number of temptations that are put in the path of any person dealing with finance or contracts, but particularly the man who is merely buying for another, not for the State, buying for another who in fact, in the Bill, has put himself, as it were, outside the protection of the State.

That is the one side of it. Look at the other side. Let us say they have other weaknesses. Look at the power you are giving to these men to break an enemy, to get their own back, to get the better of a private feud, to get their own back on a person with whom there is bad blood. Look at how the life business of a man who may have been 30 or 40 years in a well-established premises is placed absolutely in the hands and at the discretion of a temporary official, with no court of appeal, no regular tribunal before whom charges must be made. I think the Minister is trying the Dáil rather far and he is trying even the tolerance of his own Party and the obedience of his Party rather far in asking them to pass a Bill containing sections of the kind we have here. I think such powers should only be sought by any Minister after a very bad state of affairs has, in fact, arisen in the country and, before the Dáil should vote such powers to any Minister, or to the officers of any Minister, the Dáil should be fully satisfied that there is a very serious set of conditions existing in the country.

In bringing in this Bill did the Minister come before us looking like a man conscious of a sense of responsibility? Did he come before us in the mood of a man who knows that he is going to ask for very terrible powers? Did he come as a man who knows that he is going to jeopardise the business and the livelihood of hundreds of thousands of decent men but that he considers such powers are necessary because of the really appalling conditions existing? Did he make any case? Did he convince anybody sitting behind him that such awful powers were required by his Department? Did he even attempt to do it? He came in here and seemed as if he were asking for a penny postage stamp, giving it little or no attention, telling us that there were certain irregularities.

And what is the great crime that the people in this country had been guilty of that brings upon all their heads all the clauses in this Bill? Merely the natural crime and desire to live, a desire to face the laws of supply and demand whether the Minister is facing them or not. Those men are going to live as best they can and in spite of all the little political wars and political feuds that the Minister and his colleagues may be experts at starting and inefficients at finishing they will go on trying to live as best they can. Does not the Minister know that all this is paltry, that it is a paltry, petty attempt to do the impossible? If the prices of beef or any other type of live stock in this country or in any other country are to be raised by putting it back even at a world level, it is only when we are in a position to compete with the world level that this can be done, and if the Minister is the least bit perturbed or the least bit concerned he would know the conditions in which these people are trying to carry on. He would not start trouncing the seats of the butchers' breeches. He would fight the case with the people who jammed the doors in the faces of the Government and he would risk even his own political fortune in an attempt to reopen the arteries of trade for the country. I believe this Bill should be opposed by everybody in the Dáil because it is a little bit of hollow humbug. It is side-stepping and trying to divest himself and his Government of the responsibility for settling in the only sensible way cattle and beef prices in this country. It is an attempt to make scapegoats of the farmers of Ireland.

The Minister, when introducing this Bill to us put it that he could have got better prices only he did not get cooperation from the farmers. The farmers are getting hammered from abroad, and the responsibility is over there. The butchers are to be hammered now, and if it were possible to secure conditions in the Bill to do so, the consumers would also now be hammered. Is it not time that those responsible for creating the mess, took some of the responsibility for cleaning it up? Anyone with any knowledge of buying and selling in the country would tell the Minister this: that if he appoints one of his paid inspectors to every butcher's shop, to every market and every fair in the country and if he increases the number and appoints one for every farmer in this country, nevertheless the prices that will obtain will be, not the prices fixed by any legislative enactments, but the prices fixed by the common, natural laws of supply and demand.

I have no other desire but to be helpful in regard to the question of the Bill now before the House. I would like for two reasons to say a few words on it, first, because I have a personal interest in the cattle business, and, secondly, because I represent a constituency which has a very vital interest in the cattle business also. I can work up no enthusiasm for this Bill. This Bill is an amending Bill to an Act passed last year. Yesterday evening, speaking about the Principal Act the Minister made some claims in respect of it. I am not fond of interjecting; I do not interject interruptions as a rule but I could hardly restrain myself from interjecting when the Minister claimed that the Principal Act brought benefits. One of the principal benefits he claims that the Principal Act brought was that it got some cattle of ours to the foreign markets. Now I fail to see what we want a Cattle and Sheep Slaughter Bill for in order to send our cattle to the foreign markets. We all welcome trade with any country that will buy our stock. How is the Principal Act working out? What has been the position of the country under that Act since last winter? I got two licences for what cattle I had. The rest had to be sold and not a single local butcher wanted them because they had enough already.

What was the spectacle at our fairs, with the Minister's inspectors going around? We exposed our cattle for sale. There was nobody there to give us the minimum price of 25/- or even the minimum price of 22/- and our cattle were remaining on our hands unsold. We had demands from the Government and threats that if we did not pay what was due to the Government they would take extreme measures against us. What prospect was there of holding the cattle and getting the minimum prices? The only thing the farmer had to do was to sell the cattle at what he could get for them and he was glad to get it because the cattle would eat their heads off if kept for three months longer. What were the inspectors to do? I never saw a man put in a more humiliating position in my life than the inspector in my district. He attends the local fairs and if he sees two men talking, trying to make a bargain, he runs over and tries to find out what they were doing and what the price is. I was ashamed of my country and ashamed to stand up and say that I was a representative of the people when one heard men asking: "Is this what you are doing in Dublin? Is this the pass to which you are bringing us?" I have no political axe to grind. I am not speaking for the Opposition and I am not speaking for the Government. I am speaking for the country and for the main industry of the country and I tell you I was ashamed of the legislation passed in this House and ashamed of the way in which I saw it being worked throughout the country. The principal thing in this Bill, to my mind, is in regard to the prices and the penalties which are being inflicted on the butcher. I told the Minister last year when the Principal Act was going through that he was attempting an impossible thing. I do not impute any dishonest motives to the Minister and I have no desire to do so. I believe he certainly wants to get the farmers a good price for their cattle. As has been pointed out here by other speakers this evening, when we have such a surplus of cattle what is the hope of getting 25/- a cwt. for them or 22/- for them? There is no attempt made to face the matter in any way it should be faced. Surely, the Minister does not ask us to believe that 22/- a cwt. for beef is an economic price. But what hope is there of getting it? I happen to be a member of the Committee of Agriculture for Monaghan, and I try to do my duty in that respect. We invited applications for licences, and on Monday last we met. What did we find? Deputy Belton — he has now left the House — is complaining about Dublin getting only 411 licences. We had 1,353 applications for licences for fat cattle, cows and bulls. We got 19 fat cattle licences and 25 licences for cows and bulls. At that rate what hope is there of getting rid of our surplus. Where do we see daylight? Where does the Minister think that we can dispose of the cattle. We never claimed to be a cattle county, but we are a tillage county which raises cattle, and we bring the two things hand in hand. We can get on three farms the total number of cattle required to fill the number of licences we got.

We are speaking here of the pains and penalties which will come on those who do not give the minimum price. Will the Minister put himself in the position of those of us in the country who are trying to carry on? Our overhead expenses are not reduced, and what have we got to meet them? We have nothing, except what we are selling, and we must sell to somebody. I suppose some of the members here will say: "Why do you not smuggle them?" Well, that may be a way out, and I know that such a thing has been done, but surely this House should not be a party to driving the citizens of the country to do illegal things. What will happen if the victuallers do not pay the minimum price? We have got accustomed now to State interference; there are licences for most things we have to do. But surely it is going pretty far when, as a previous speaker has pointed out, raw recruits, with very little experience — I am sure they are the best the Minister could get, and some of the men may be all right in their jobs, but I know some little bit about the cattle business at both ends, and I know that the victualling business is a highly technical one — are brought in to hand out to a victualler his requirements in cattle. Surely, that is a backdoor method of putting him out of business. There is a lifetime's experience behind such a business. Each man has his own particular type of customer to cater for. Surely, what we are attempting to do in this House is not in accordance with justice or fair play?

There are other things in connection with this Bill on which one might elaborate, but I do not want to take up the time of the House. As I say, our experience of the principal Act gives us no enthusiasm for this Bill. The working of the previous Act has been a by-word through the length and breadth of our country. We have been asked what it has done. All I know about the working of the other Act is that the butchers have paid £1 for each beast and 5/- for each sheep they killed, and we farmers are not such great fools as not to know that that comes out of the farmer's pocket, because the other man could not afford it. What have we got in return? Most of the cattle have been sold at 18/- to £1 per cwt. all the year. In the face of the principal Act, will this remedy it? I do not see how it can remedy it. We are surely men of the world. We are surely men who keep our eyes open when we go out to the markets. No power that the Minister has, or no power that he takes, can compel a price to be paid for the surplus we have that the market cannot afford. If there is anything about the principal Act which would be a recommendation for this one, I would vote for it heartily, but my experience of the previous Act would not induce me to do so, and I think I approach most questions like this with an unprejudiced mind. What I want to do is to get the most out of our industry. I want to see people who are willing to work, and are working hard, geting a chance to carry on. This Bill does not give them that chance, and, therefore, I cannot support it.

When the Minister is replying, I hope he will tell us if 22/- is an economic price for beef. Where is the farmer who can produce beef at that price, and pay his rates? We are told that there is an organisation against paying rates. How can they afford to pay them? Before the 1932 election, when the Fianna Fáil Party was asking the farmer for his support, I happened to hear a Fianna Fáil candidate making a speech. He said: "You farmers of this district have to sell your cattle for 37/- or 38/- per cwt. It cannot be done. Put us into power and I will guarantee that we will find markets where you will not have to take less than 50/- per cwt. for your beef cattle." We have not found that market yet. Where is the farmer who can produce cattle at 22/- per cwt. and pay his way? I am sorry that the Minister for Industry and Commerce has left the House. A short time ago he stated in this House that he told the farmers the British market was gone, and gone for ever; that the British farmer was now going to produce all the beef which Britain required: that the British Government was giving a subsidy of 5/- per cwt. on all home fed beef. That opened a new market for our store cattle. The time for stall feeding in this country has gone. We have got to change from stall feeding to stores. The farmer who finishes one fat beast can bring out three cattle in store condition. Surely if he is getting 3/- to 5/- per cwt. more for his store cattle he is not going to make beef? It is a great mistake for the Minister or for Fianna Fáil to say that the bullock must go. I remember a great many years ago when we had not many bullocks, and the farmers in my constituency tilled 70 per cent. or 80 per cent. of their land. They got "broke" on it. Why? They had bad seasons, and they got a bad price for their corn. We are told by Fianna Fáil to till the land and give employment. A man can till his land for only three or four years without mixed farming. That is all he can do; he must have rotation. If he grows wheat he must follow with green crops. There must be farmyard manure if the farmer is going to grow wheat.

There is nothing about wheat-growing in this Bill.

I seldom get a chance and I have to explain it, with your permission. To grow wheat in a dry year is all right, but I have seen wheat damaged before it was cut. I have seen unmillable wheat.

The Deputy must get away from wheat. If he were to continue other Deputies would have a right to discuss the policy of wheat-growing.

I will mention wheat again with your permission. What protection has the farmer; what price is the farmer guaranteed for unmillable wheat? As it is, it will be all unmillable this year owing to the wet season. I hope the Minister will tell us what market he is going to find for the surplus oats. At present, in his own county, the merchants are fully stocked with last year's oats.

There is no section relating to oats in this Bill.

Then we will have to stick to the cattle. Can I mention pigs? From what I heard from the merchants our oats will be unsaleable this year. What market is there for the oats crop unless to feed it to bullocks? As I am not allowed to talk about wheat, I suppose I will have to sit down, but before I sit down I should like to ask how long a farmer can grow wheat and beet and keep his farm in order.

The Minister will recognise that this is mere patchwork and interference. The Minister has, I think, four Cereals Bill to his credit now. How many Meat Bills is he going to have? This is an effort to patch up an Act that lamentably failed — failed according to the Minister's own confession — and the failure of which could have been seen with a certain amount of foresight on the part of the Minister. Yet, with that incurable optimism that he has, he comes along and suggests that this is going to work out all right.

We tried in vain, when he had a similar Bill before the House, to point out that human nature was human nature, and that he would have evasions of the law. But in connection with that particular Bill — the Butter Bill — there was a much better chance than there is here. Yet, notwithstanding the experience he had under the main Act, the Minister, because, from the point of view of the Bill before this, a certain amount of belief in human nature was necessary, professed that belief in human nature. But here to-day he is most pessimistic about human nature. Everybody was trying to cheat — they had become most efficient at it. The victuallers, especially, were particularly adept in that respect. Yet, these same victuallers who are so adept in side-stepping any law the Minister can enact, apparently have not sufficient foresight to get rid of a few skins of animals which may be used in evidence against them. Really the simplicity of the Minister is rather astounding. What is the reason for these drastic powers that he takes? What is the necessity for this Bill? Is it not all due to the determined failure of the Minister to face the real facts of the situation; that he will not realise the condition to which he and his Government have brought the cattle trade of this country? That is really the root of the trouble and the Minister will not recognise that.

What is he trying to do in this Bill? We have had it from practically everybody who has spoken, men with first-hand knowledge, whether they damned the Bill with faint praise or rejected it outright, that the Minister is trying to compel victuallers to give what is to them an uneconomic price; while the price to the farmers is also an uneconomic one. Under present conditions it is uneconomic for the victuallers to pay that price, while the price is also too low to pay the farmer. That is really the difficulty which the Minister has to face and that he is not facing. He is trying to do it by these inquisitorial methods which he has now got so used to that he can quote them as precedents. If objection is made here that certain things are new he says: "Oh no, we have precedents for them in the Principal Act." That is the line taken up by the Minister. He does not see that no matter what powers he gets, no matter how drastic in theory, or in words, or in enactment the powers that he gets are, as long as the facts are fighting against him he cannot enforce them.

If there is a surplus of cattle in the country people will sell at less than the fixed price, and the victualler will pay less. He urges that to give the minimum price would not pay him, and nothing that the Minister can do can prevent that. He may have a few spectacular prosecutions, but they will not stop it. How will he prove it; how can anybody prove it in a satisfactory manner? If there is a transaction between two men to which nobody else is a witness, how can there be satisfactory proof of that? It is a case of one statement against another. Does he think that farmers would combine to make a case against the local victualler who, like themselves, has evaded the law; that they will combine to ruin him, though in reality he comes to their assistance in enabling them to get rid of cattle which, otherwise, they might not be able to get rid of? Look at the tremendous powers that he gives into the hands of an individual. He can pick out any persons against whom the Minister confesses no charge can be brought; people who, according to the Minister, are so clever that the Department have to draft a section so that the law may be applicable to them. He is going to give powers which may break these men in their business. These are the powers which he takes in particular sections in this Bill. I am sure the powers are bad. They are inherently unsound and unjust and will not have the effect which is aimed at.

These are the general remarks I have to make on the Bill. On the Money Resolution for this Bill, the Minister answered one or two questions I asked, but there are still one or two things that I am not quite clear about. There is the section which changes the words prima facie to “conclusive.” Where is there, in the amended Act, any indication that “conclusive” does mean conclusive, that is, that it cannot be rebutted by further evidence? The Minister in his explanation put in the words “until further evidence is adduced” but I do not think that is in the Act as amended. I should like the Minister to look into that particular point. We have then all the attempts that he makes, I think in Section 11, to get at people who are bargaining but surely they will be cute enough not to commit themselves until the thing is fixed. People who are supposed to be as clever as the Minister alleged these men are, are not going to be caught that way. These are however Committee points and I do not wish to detain the House with them now.

There is the main objection that the powers given in the Bill will prove useless as I believe. These Draconian powers are given into the hands of inspectors. They are supposed even to act as scales or weighing machines on occasions. The point was put to the Minister that there may be cases where there are no weighing machines available and he was asked who was to decide what the weight of the animal is. He replied: "The inspector." Will an inspector attend all those fairs? Will he be prepared to estimate the weight of each beast sold or how is he to act as substitute for the scales? I pass away from the question as to whether he has the authority to substitute for the weighing machine. Even where he has, considering all the inquisitorial and very stringent powers with which the Minister now invests these inspectors, does he still believe that the same number of wholetime inspectors as he has at present will be able to do the work? He is greatly increasing their work and he must increase their number.

I have not much desire to speak at this late hour, but there are a few features of this Bill which I cannot allow to pass without comment. The Bill proposes to do three things. The first of these is to put an end to the free beef system. As a matter of fact that is one of the main things which it proposes to do. With regard to the minimum price, we have had that system in operation already. It has been tried under the original Act and it is admitted that it was a fiasco. What power is there given in this Bill to remedy that state of affairs? Section 16 states that:—

Section 25 of the Principal Act is hereby amended as follows, that is to say, (a) by the insertion therein after the word "buy" in sub-section (2) thereof, of the words "or offer or agree or contract to buy."

That is to say, that if a butcher, a registered proprietor of victualling premises, buys or offers or agree or contracts to buy at a certain price, he is guilty of an offence. Does it occur to the Minister how that is going to be evaded? Does he not see the weakness of that immediately? Does he not see immediately how they are going to get round that provision and that it does not strengthen his original section one iota? That provision is utterly useless. Deputy Belton and Deputy Haslett have pointed out here that the law of supply and demand will prevail but the Minister says: "I have inserted that there and I will stand by it." Very well, let the Minister go on and try it.

Dr. Ryan

The Deputy might help me by pointing out its weakness. He might help me to strengthen it.

You are paid for doing this job, not I.

Dr. Ryan

The Deputy is paid too.

I say that this thing is so much waste paper. You are wasting the time of the country in trying to do it. What is the object of this Bill? Is the main object of the Bill to make money out of what is called free beef? The butchers are going to get 4d. per lb. Take a constituency like mine. All the beef sold there must be sold on voucher in the main. Prime heifer and bullock beef will have to be sold at 4d. per lb. What is going to be the consequence of that? The Minister knows quite well that a butcher could not buy cattle at 22/- per cwt. live weight and sell at 4d. per lb. It cannot be done. As a matter of fact I think every Deputy from my constituency received a letter this week intimating that there had been a meeting of the butchers of the county and that they had made up their minds to refuse to supply any more beef on vouchers. I do not know how they will put that into effect but they say that they cannot do it unless the Minister increases the price of beef to them. I should like to know if he is going to do that. I think he will agree that no butcher could buy an entire beast at 22/- per cwt. live weight, and sell it at 4d. per lb. The recipients of the beef are now to get it on a contributory basis. The butcher is only going to get 4d. per lb., and he must also pay the Minister £1 levy. I should like to know from the Minister whether he intends to use this Bill merely as an instrument to collect further taxation for the Minister for Finance. I suggest that we are wasting time in discussing that part of this Bill.

In the next part of the Bill, power is given to an inspector to do everything in regard to butchers that would make life impossible for any human being. The inspector can go into a butcher's shop and say to him: "Take down half of that beast there and weigh it." If the butcher is not as strong a man as the Minister the inspector can say to him: "Cut it up in small quantities and weigh it in small quantities." This may occur on the day that the animal is killed or after it has been killed a few days. It may be killed on Wednesday, but it may not be wanted for cutting up until Saturday. Must the butcher cut it up immediately on demand or is he guilty of an offence if he is physically incapable of taking down the beast and putting it on the scales? Having got it down, if he has no help, how is he going to get it up again? I think it will be imperative on him to provide scales to weigh large chunks of beef. Why should he be asked to do that? He is supposed to pay 22/- per cwt. live weight for beef and if he does not do that or if he is suspected by an inspector of not doing that, he is deemed to be guilty of an offence. I move the adjournment of the debate.

Debate accordingly adjourned.

The Dáil adjourned at 10.30 p.m. until Friday, 19th July, at 10.30 a.m.

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