I move that this Bill be now read a Second Time. On the 17th May, 1933, I referred to the Prices Commission the question whether unreasonably high retail prices were being charged throughout Saorstát Eireann for bread, wholesale or retail, made from wheaten flour or wheaten meal. The Commission, in pursuance of that requisition, carried out an investigation and made a report, dated 21st August, 1935, which has been laid before the Oireachtas. The Commission reported on the price of fancy as well as on the prices of batch bread, and found that both wholesale and retail prices of batch bread were, in a number of cases, unreasonably high, but that the prices of fancy bread, save where sold retail in a baker's shop, were not excessive. They also drew attention to the fact that there was a considerable difference between prices charged for bread in different areas, and they considered that there was no justification for such difference.
The Commission made a recommendation that the price of bread should be calculated by reference to the price of flour, and they set out in their report a scale of charges which they deemed reasonable and which might not, justifiably, be exceeded. In accordance with the provisions of the Control of Prices Act, the Commission, as a first step towards fixing the maximum prices mentioned in the report, issued a public notice, under Section 25 of that Act, stating that the prices indicated by them should not be exceeded throughout the Saorstat and requiring bakers to reduce their prices before a date in August, 1935. That notice was ignored by bakers in general, and the Commission, accordingly, recommended that I should make an Order under the Control of Prices Act fixing the maximum retail and wholesale prices of the commodity in question, and that such Order should apply to the entire area of Saorstát Eireann.
Certain legal difficulties, however, arose in giving effect to the recommendation of the Prices Commission. The principal of these difficulties was that the Control of Prices Act gave the Minister for Industry and Commerce no power to fix the price of flour, and, secondly, the Commission had been asked to report upon the price of bread and reported on both batch bread and fancy bread, which are, in effect, two different commodities. These difficulties, which arose in connection with the Commission's report on bread, were of a character similar to other difficulties which arose out of other investigations carried out by the Prices Commission, as a result of which it was decided to introduce proposals for legislation to amend the Control of Prices Act, and these proposals are now being prepared and will, in due course, be submitted to the Dáil.
It was considered, however, that the question of bread prices was one of urgency, and that a special Bill dealing with that matter should be brought forward, it being considered that, in any event, it was desirable that there should be on the Statutes of the Dáil an Act conferring powers to regulate the price of bread, which could be utilised whenever circumstances seemed to require the exercise of such powers— bread being put in that important position by reason of its importance in the dietary of the people. This Bill, therefore, is being submitted to the Dáil. It is, as Deputies who have read it are aware, merely an enabling Bill. It provides that the maximum prices at which bread may be sold in any specified area may be fixed by order. Different prices may be fixed for different kinds of bread and for different methods of delivery, such as delivery in the baker's shop, delivery in a retail shop, or delivery to a householder at his own door. As flour is not only the main factor in the cost of the loaf, but is also subject to frequent variations in prices, it is proposed, in making the Order, to relate the price of the loaf to the prevailing price of bakers' flour.
Section 2 of the Bill provides for the publication, from time to time, of a standard price of flour in relation to which the price of bread will be fixed. In arriving at such standard price of flour, the Flour Milling Advisory Committee, established under the Cereals Act of 1933, will be consulted. Certain consequential provisions had to be made in order to ensure that the main purpose of the Bill would be effected. In fact, the two matters to which I have referred give, in broad outline, the purport of the measure. Firstly, a standard price for flour is to be determined and published. In relation to that standard price, the maximum price which may be charged for bread under various circumstances may be fixed by Order. However, in order to prevent a reduction in the weight of the loaf, consequent upon a reduction in prices made in pursuance of an Order. made under the Bill it was found necessary to provide special powers as regards the weight of the loaf. According to the existing law bread must be sold by weight, and it would be difficult to detect the offence of overcharging so long as bread was sold in weights involving fractions of a pound, particularly in the case of vanmen, who are not obliged to weigh bread for customers.
Section 4 gives to the Minister for Industry and Commerce power to prohibit the sale of bread otherwise than in loaves of 1 lb. in weight or multiples of 1 lb. The services of weights and measures inspectors will be availed of to ensure that Orders made under that section are observed. The detection of the offence of overcharging will be in the hands of members of the Gárda Síochána, who will not, however, be concerned with the weight of the bread, but will assume that the loaf is expressed to be sold in terms of pounds weight, and who will report on the prices charged as a price per pound. Penalties for offences under the Bill are set out in Section 7. I stated that I considered it desirable that an Act providing the powers contemplated by this Bill should be on the Statute Book, irrespective of the circumstances; powers that could be used at any time if circumstances called for their use. Obviously, it is desirable we should enact such a measure, when we had from the Prices Commission a report, which indicates that during the period covered by their investigation, at any rate, in certain parts of the country, an unreasonably high price prevailed for bread. It is quite true that that situation did not exist in all areas.
In the City of Dublin, for example, the price charged during the period covered by the investigation was in conformity with the price fixed by the Prices Commission, having regard to the price of flour prevailing during that period. In other areas—the Commission made particular reference to the City of Cork—the price of bread was considered by them to be unduly high and, consequently, if that situation is not changed by the time the Bill becomes law, I would propose to make use of the powers conferred in it, in order to fix such maximum prices as would be justified by the circumstances then existing, that is by the price of bakers' flour then prevailing. The Commission set out their opinion of the various allowances that should be made to cover expenses additional to the price of flour, which arise in the production and distribution of bread, and also for the margin of profit which should be allowed the baker. It is true that some bakers expressed the opinion at the time the Commission published the notice in August of last year, that the price contemplated by the Commission would not be sufficient to yield them a profit. Some of them even said that bread baked and sold at these prices would be sold at a loss. I must say that I was by no means convinced by the representations they made, but I draw attention to the fact, that in many parts of the country the price contemplated by the Commission was, in fact, the prevailing price, and in some parts the prevailing price was even lower than the maximum price the Commission thought justifiable. On that account, it is difficult to understand why in particular areas higher prices should be charged. Possibly, the price of bread in all areas will be rectified by the action of the Bakers' Association before the Bill becomes law, in which case the powers of the Bill will not be utilised. It is desirable to have them in any event, so that any upward movement not justified by circumstances in the price of bread could be checked.
For the sake of clarifying the position for Deputies, I should say that if it were considered necessary to use the powers conferred in the Bill, and to make an order fixing the price of bread, I would propose, of course, to fix these maximum prices in accordance with the calculations adopted by the Commission and in accordance with their recommendations as to how these prices should be related to the standard price of bakers' flour. I am aware that members of the Commission, to which were added for the purposes of this investigation five additional members, whose names are set out in the report, went into this matter with great thoroughness, spent considerable time on the investigation, and prepared the report with great care, having satisfied themselves that their recommendation was a just one, and that bread sold at the price fixed by them, have regard to the price of flour at that time, would be sold at a fair price and give a fair profit to the bakers. In my opinion, nothing which was said in the Press at the time in any way shook that contention. It was my conviction that their conclusions were sound and were supported by the fact that they bore a great similarity to the conclusions of the Food Prices Tribunal which was established in 1926 and reported in the following year. Their method of approach to an examination of bread prices was similar to that adopted by the present Commission, and their conclusions were much the same.
It is true that in the cities some part of the uneconomic cost of bread, particularly when delivered to householders, is due to overlapping in the systems of distribution adopted by various bakers. It is difficult to contemplate the rationalisation of the method of distribution as a result of State action. The Master Bakers' Association in Dublin have stated that they have given the matter very close attention, and have been unable to devise a satisfactory system of preventing unnecessary overlapping in distribution, but it is obviously a matter that should be tackled by them in the first instance, because the intervention of the State would be fraught with considerable difficulties, and I doubt if it would lead to satisfactory results. If, however, we provide a reasonable margin to cover costs of distribution, as is proposed by the Commission, then I think no difficulty will arise on that score, and, in any event, if bread is available for sale retail in shops, whether shops belonging to bakers or ordinary shops, at a fair price, and if the public are safeguarded against undue profiteering, that should be the main purpose of this legislation which I recommend to the Dáil.