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Dáil Éireann debate -
Wednesday, 12 Aug 1936

Vol. 63 No. 19

Milk (Regulation of Price and Supply) Bill, 1936—Report.

Dr. Ryan

I move amendment No. 1:—

In page 3, line 31, Section 2 (2) (a), to insert before the word "shall" the words "or at premises in respect of which a licence is granted under Section 13 or Section 14 of the Creamery Act, 1928 (No. 26 of 1928)."

On the Committee Stage Deputy McGilligan asked if I was quite sure that registration under the Dairy Produce Act covers all premises where milk was collected and distributed afterwards. I promised to look into the matter and, as a result, I am introducing this amendment to meet the point.

Amendment agreed to.

I move amendment No. 2:—

In page 4, before Section 6 (2) to insert a new sub-section as follows:—

The Minister shall in defining (a) a sale district, (b) a production district and (c) a joint district have due regard to the manner in which local public health authorities carry out their duties to ensure the production of clean wholesome milk in their respective districts and the Minister shall not include in (a) a sale district, (b) a production district or (c) a joint district more than one county health area unless the public health authority of the associated sale district is satisfied and expresses its satisfaction by furnishing the Minister with a certificate signed by its medical officer of health that any other proposed production district constitutes or forms part of a county health area in which the necessary precautions are taken to ensure the production of milk of an equal standard as that produced in the proposed sale district.

The object of the amendment is to safeguard producers of milk and the health of the people within certain sanitary or public health districts where regulations under the Bovine Tuberculosis Order and the Diseases of Animals Act are carried out in an efficient manner and at great expense to the ratepayers. I quoted expert opinion on the Committee Stage from the report of the Milk Commission of 1933 which sat in Great Britain, where it was accepted on all sides that the Orders mentioned should be carried out as the very minimum.

The Deputy referred to certain matters on the Committee Stage which were of doubtful relevancy. The Chair had grave doubts of the relevancy of the amendment until the Deputy brought it into line with the Bill. The administration of a Department not governed by the Minister concerned in this Bill may not be reviewed now.

I am only dealing with it by way of reference, and not by way of criticism, to show the backing that such an amendment would have, and what a manifest injustice it would be to a sanitary area, or a public health district, in which they had a full appreciation of their responsibilities and had settled up the necessary machinery to deal with the production of a good article compared with places where such supervision is not provided. This Bill proposes to fix a price for milk and that price will be fixed in other than production and joint areas and sale districts. Where a large quantity of milk is bought and consumed the public health authorities will, of necessity, be in advance of districts where comparatively little milk is bought for consumption. In other words, in urban and city areas supervision over milk will be in advance of supervision in rural areas, where very little milk is sold locally. Comparatively little milk is produced in city areas, and none for limited consumption by families. In the city areas we have machinery functioning to take the necessary precautions. They are the minimum essential to provide a clean and wholesome supply of milk. This amendment wants to have such precautions taken that no production area will be included in a sale area with the right to sell unless there is equal supervision over the production of the milk. That is a reasonable request. The health authorities in the sale area have to work to a standard which is necessary to safeguard public health and they insist on milk being produced under certain conditions. The amendment asks that no milk should be allowed to come in there and be sold at the fixed price ruling in the district unless it is produced under certain conditions. Such precautions are necessary. If the amendment is unacceptable the result will be that a district that produces the worst milk will continue to do so and must get the price fixed. The price will be fixed equally for bad milk and good milk. Bad milk is, perhaps, not the proper term. I am referring to milk produced under conditions where production is far cheaper than where it is produced under proper supervision.

I ask the Minister very carefully to consider the equities of the case. The Minister's job is concerned with price-fixing and I appreciate his difficulties. I am aware that he had to contend with a lot of difficulties which are not known to this House. I know a great many of the difficulties which he had to contend with for the last year or year and a half. As a medical man, he understands the importance of this question. When milk is produced under conditions which provide for clinical examination of the cows and when there are stringent regulations with regard to construction and ventilation of the dairy sheds, the machinery which has to be provided to ensure supervision and the loss incidental to the clinical examination of the herds make the production of that milk dearer than the production of milk where there are no such requirements. In the opinion of the public health authorities, milk produced under these conditions is better milk than the milk produced under less stringent conditions. If this amendment is not accepted, it is inevitable that the Minister will mix the districts. He has power to do that under the Bill and he will be forced by circumstances to do it if this amendment is not passed. In fixing his price, if he associates a district with that price which has not the supervision I have mentioned—if he strikes a flat rate of 8d. or 9d. per gallon—it is obvious that if that price is only remunerative for milk produced under slipshod conditions, it will be unremunerative for milk produced under the hygienic conditions to which I have referred. The result will be that milk will cease to be produced under hygienic conditions. On the other hand, if the price fixed be sufficient for the production of milk under the hygienic conditions I have mentioned, why should not the people who are being given that price and who are given access to the market produce good, clean, wholesome milk? If it pays one area to produce milk for a certain market at the price fixed, it should pay another area.

There will be gross inequality in the administration of this Bill from the purely commercial point of view if this amendment is not accepted. There will also—I realise that this is more a matter for the Minister for Local Government and Public Health— be serious danger to the health of the people in the cities, particularly the young. I am mainly concerned now with the City of Dublin, which I represent. I can say that I represent every milk producer in the City and County of Dublin in urging this argument. I can say that I represent all the societies interested in child welfare and nursing. They do not want the standard of the milk provided under the present stringent conditions in the City and County of Dublin to be lowered. The Minister proposes to give for this milk no better price than he will give for milk produced from animals which may be diseased or which are not, at least, subject to clinical examination. That is dangerous to the public health. Speaking for an area that will be scheduled as the production area for the City of Dublin, under present conditions, I say that outside the production area of the City and County of Dublin and the Borough of Dun Laoghaire these stringent conditions do not apply. Nowhere contiguous to the city, or, indeed, in any of the county health districts of the Saorstát, is there a whole-time veterinary officer. That requirement has been looked upon as the low-water mark by expert opinion. I urge the Minister to accept this amendment, because it is necessary for the health of the city. I am informed by lady social workers that no class in the city are so anxious to get high grade milk or so willing to pay for it as the poorer people. Producers have, admittedly, been forced to produce an article in a manner which is more costly than other people are at liberty to use. In these circumstances, it is unfair to fix a flat price for both classes of milk in the same market. Speaking for the producers in the County Dublin, I can say that, if this be done, we will be very lax and, as far as possible, scrap the expensive machinery we have established for supervision. That is, if we do not get recognition for the superior article which is being produced when the price of milk is being fixed in the sale area which will include the City of Dublin.

I should like to clarify a point in regard to this amendment of Deputy Belton which appears to me to be quite reasonable. Is it the intention of the amendment to require that the medical officer of health responsible for every proposed area will certify that adequate measures are being taken to ensure pure milk or is it Deputy Belton's intention to provide that the County Dublin, which he says has set the highest standard for the conditions under which milk may be produced for human consumption in the city, shall be the foot rule by which every other district shall be measured? Suppose the County Dublin had not only adequate safeguards in its regulations but had gone a little further than would satisfy minimum requirements and had progressed towards an ideal condition, if it were proposed to bring in another area, join it to County Dublin and fix the same price for the combined area, and that the second area had adequate provisions made but had not taken all the additional precautions that Dublin had taken, would Deputy Belton desire that those two areas should not be amalgamated under this Act to form one area for the purposes of supply? If that is his purpose, does he want the Minister for Agriculture or the Minister for Local Government to conduct an inquiry into the kind of regulations obtaining in the two districts, that where he is not satisfied that the regulations are adequate, he should make them separate districts, and that he should be free to make them one district only where he is satisfied that the public health regulations governing the production of milk are identical in both districts?

If that is what is in Deputy Belton's mind, I see a difficulty because it will be so difficult for any Minister to satisfy himself that the regulations in any two districts are adequate. The prime object in Deputy Belton's amendment is to avoid a situation arising in which two men have to sell milk at the same price and one man is required to comply with very much less extensive regulations than the other. How can we avoid that difficulty unless Deputy Belton is prepared to go so far as to say that before amalgamating any districts into one sales or production area, the Minister shall satisfy himself that identical public health regulations apply over the whole area? If that is the object that Deputy Belton has in mind, will it not be necessary to take out of the hands of the local authority the power to fix regulations governing milk production in the amalgamated area and transfer it to the Minister for Agriculture so that he can make regulations which would apply over the County Dublin, part of the County Meath and part of the County Wicklow in order to get these identical regulations which would give fair play to each producer and which would make it possible to demand that every producer in the appointed area would sell at the same price? If a scheme along these lines could be devised whereby you could ensure that every producer in a scheduled area is required to conform to identical public health regulations then I think Deputy Belton's case is unanswerable but surely you would have to create some administrative machinery to carry that into effect of a more elaborate character than the certificate proposed in Deputy Belton's amendment? Does Deputy Belton with his peculiar knowledge of local administration in and around the city, say that in his opinion the certificate procedure suggested in his amendment would be adequate to secure effective identity of public health regulations in the several areas which might be amalgamated as a sales district for the purpose of this Act?

May I explain the matter to the Deputy?

I am prepared to hear the Deputy briefly, and I hope his idea of brevity coincides with mine.

There is no regulation operating in either the City or the County of Dublin that had not to be approved by the Minister for Local Government and Public Health before it could operate. It was made consequent on an order from the Minister for Local Government and Public Health. If Dublin City and County are ahead of other counties it is not that Dublin City and County went too far but that the Minister for Local Government and Public Health did not see that other counties went far enough. The certificate which I ask for here is not a certificate which will stand by itself as if there were no other machinery supposed to be in operation. The medical officer of health in a sales area would know all the other areas round about him. If they were included in the sale area under this Bill, he would know of his own local knowledge whether the Dairies and Cowsheds Act, the Bovine Tuberculosis Act and the Diseases of Animals Act were being enforced in these counties and if there was proper machinery and sufficient regulations to enforce them. He would know, broadly speaking, whether the machinery was similar to that in operation in his own area. It is not a question of whether one officer is more diligent than another. It is a question of whether the machinery was there. That is all that would be required and it would be a simple matter.

Is it Deputy Belton's intention to keep out of the City of Dublin milk produced from the pastures of Meath, Wicklow and Kildare? That is a straight question and it requires a straight answer.

Then what is your idea?

To provide that the producers in these counties will carry out the same regulations that we are obliged to carry out.

Mr. Kelly

I was listening to the Deputy in Cork Hill and I have been listening to him here, and I cannot quite understand what he wants.

I am not responsible for your stupidity.

Mr. Kelly

You should talk sense. When you do not talk sensible speeches, what else can we take from them? This question was debated several times here, and so far as I can learn, Deputy Belton's idea is to keep the city supply for producers within the city and county.

On a point of correction, it is a terrible libel on any member of the House to say that he wants a monopoly of the city supply. I have explained before that we do not want a monopoly. All we want is that other producers shall observe the same regulations as we are obliged to observe. We want to see that as good an article will be supplied from these outside areas as we are compelled to supply.

Mr. Kelly

To accuse a man of wanting a monopoly is neither a slander nor a libel. Your knowledge of the law is deficient. I make bold enough to say, without having any special knowledge or without making any claim to be an authority on the matter, that the milk produced in Meath, Kildare and Wicklow will be as good as the milk produced in County Dublin. I know that precautions are taken by the Corporation to see that milk brought into the city for sale is good milk.

You do not know anything about it.

Mr. Kelly

I do know it. You heard it specifically at the meeting of the Corporation on Monday evening, when we had a report from the medical officer of health.

And the veterinary officer contradicted it.

The point I had in mind was with regard to the query Deputy Belton put to Deputy O'Reilly of Meath recently, when debating this Bill. The Deputy asked Deputy O'Reilly if they in Meath had only a temporary veterinary surgeon dealing with the matter. The Deputy apparently requires that a whole time veterinary surgeon should be appointed in Wicklow and a whole time veterinary surgeon should be appointed in Meath and in other places.

Certainly.

Mr. Kelly

But where are the people to get the money to pay for this expensive machinery?

We have to pay for it in Dublin. We had to have this machinery there.

Mr. Kelly

The people cannot afford it.

And Deputy Kehoe said that the land is overflowing with milk and honey.

Mr. Kelly

The milk produced in the counties I have mentioned is at least as good as the milk that is produced in Dublin City or County. Deputy Belton is very innocent. Does he not know that milk is very often contaminated after it is produced for sale here?

Hear, hear.

Mr. Kelly

How is the Deputy going to prevent that?

By supervision.

Mr. Kelly

The Deputy is very innocent. Supervision does not prevent this thing happening in Dublin. Let there be free sale for the producers in Meath, in Kildare and in Wicklow. In those counties they will produce as good milk as in County Dublin, and have it here for sale. All we want is to have the milk sold at a reasonable price.

We are satisfied that the supervision here by the Dublin Corporation is good enough to prevent contaminated milk being sold.

The Deputy has said nothing about the amendment. Is he going to vote for it?

Mr. Kelly

I did not read Deputy Belton's amendment. I do not read anything here. I simply have to listen to statements made. As the Deputy is always parading himself as a representative of Dublin, I want to tell him that I am also a representative of Dublin, and I have the interests of the people of the city at heart just as well as he has.

But Deputy Kelly did not read this Bill. How is he able to defend the interests of the city when he does not know what is in the Bills introduced?

Mr. Kelly

I hear Deputy Belton talking on the Bills and I read them afterwards. Ministers will have to be pretty careful in accepting amendments of this character. I am not in favour of any monopoly to anybody whatever. I am in favour of free sale. Let the milk come into Dublin as it has been coming for scores of years. When I was a boy there was no supervision of milk at all, and we were just as healthy as we are to-day with all the supervision we have.

Oh; in view of all the inspectors the Deputy's Party have been appointing, that is rank heresy.

Does the Deputy want to scrap supervision and inspection?

Mr. Kelly

I have no time to scrap anything. If I had power to do any scrapping, I would at once scrap long speeches from Deputies on the Opposition. We are all weary of long speeches from Deputy Dillon and Deputy Belton over there.

Look at the weary members on the Government Benches. There are only two or three of them there.

Dr. Ryan

This matter was discussed very fully on the Committee Stage, and I explained as well as I could what I thought of this particular amendment of Deputy Belton's. This Bill, as a matter of fact, is dealing entirely with price. It is not dealing with the quality or condition of the milk apart from the price. Seeing that we have put a very elaborate Bill through the Dáil under the Minister for Local Government and Public Health, a Bill dealing with cleanliness, freedom from dirt, grading, and so on, it is not necessary to come along here and deal with the same matters in this Bill. This Bill, in Section 31 (4), prescribes that no producer can register under this Bill and, therefore, cannot supply milk to an area unless he is already registered under the Dairy and Cowsheds Order and under the Act of 1935 when it comes into operation. I think that is as far as we can go in meeting Deputy Belton.

May I ask the Minister what is to happen in districts where the Dairy and Cowsheds Order is not carried out?

Dr. Ryan

Strictly speaking, I think in that case a complaint should be made to the public health authority so as to try to carry it out. I do not know what the authority of the local body amounts to, or whether you must appeal to the Minister in order to comply with the Act, but it is either to the local authority or to the Minister the appeal must be made.

Supposing it was brought to the notice of the Minister that in a certain district the Dairy and Cowsheds Order and the Tuberculosis Order, etc., were not carried out, would the Minister be satisfied to take the power, or would it be incumbent in such circumstances not to include that district in a production area? Would he be prepared to do that?

Dr. Ryan

How am I to sit in judgment in those cases? The local authority is the registering authority under the Dairy and Cowsheds Order, and it will be so until the 1935 Act comes into operation. Suppose, without casting any slur on the County Wicklow, that somebody reports to me that these orders are not carried out in Wicklow——

The Minister knows well they are not carried out.

Dr. Ryan

If I ask the local authority "Are you carrying out the Act?" surely I must take their word for it, but the Minister for Local Government and Public Health need not. He has means of ascertaining for himself.

I suggest it is the Minister for Local Government and Public Health who should deal with the local authority.

Dr. Ryan

If I see that the local authority is allowed to carry on, then I must be satisfied. If the City of Dublin is not satisfied, they could complain to the Minister for Local Government and Public Health. There would be hopeless confusion if the Minister for Agriculture were to go into these questions of public health which are administered by another Department. The thing would be impracticable. The Dublin sale area would probably be the City of Dublin, the County of Dublin, Howth Urban District, Bray Urban District and the borough of Dun Laoghaire. You would have five local authorities there. It is quite possible that the sanitary authority in Bray would agree that the Wicklow milk was good and, perhaps, the Howth sanitary authority would say that it was not good. I do not see how we could get over that difficulty. There are various practical difficulties involved in the amendment. However, I do not want to make a point of that, because I would object to the amendment in any case.

Dr. Ryan

Because, having two Departments responsible for the same thing will always lead to trouble. The Minister for Local Government and Public Health might say that he was quite satisfied with the administration of the 1935 Act in a certain county, and I might say I was not satisfied.

But the 1935 Act is not in operation.

Dr. Ryan

I am quite sure it will be in operation almost as soon as this Bill becomes an Act. I have been told by the Minister that it will be in operation very shortly.

If you give a promise that it will, I will withdraw the amendment.

Dr. Ryan

I cannot quite promise that it will. Another point raised by the Deputy is that I am not in a position to give a reward for good milk, that is to fix a better price for the good milk than for milk that is not quite so good. Of course I can fix a different price for Grade A, Grade B, and so on. I can fix a different price for the various grades. In that way we may be giving more encouragement to the higher grades than could be given in any other way under the Bill. I do not see that we are in any way injuring a county which is carrying out its duties properly. After all, if there had been no dispute, and the price all over was 5d. per gallon and if, as a result of the Bill, we raise it to 9d., they are still in the same position.

How much milk is on the people's hands for which they get nothing?

Dr. Ryan

That does not arise in this particular way. The Deputy was making the point, as far as I could make out, that farmers who are producing clean milk under a certain local authority were not getting any special reward for that—that they were only to get the same price as those in some county where they were not producing clean milk.

They were getting a market.

Dr. Ryan

If there was no Bill they would be in the same position.

So much bad milk would not be coming into the city as now, and there would not be so much left on their hands.

Dr. Ryan

I do not see that point at all. If there is anything in that argument, the only thing that the Deputy is arguing is to keep down the price. I am not saying that to take advantage of him. I am only saying that that is the conclusion to be drawn from the Deputy's argument.

Is it Deputy Belton's view to keep out those people who are distributing milk to Dublin at present?

He wants a monopoly for Dublin.

If the people of Leix, or anywhere else, produced milk under the same conditions as the people in the County and City of Dublin they are welcome to the Dublin market, but we are producing a cleaner and better milk under better supervision.

Do you tell me that under the Dairies and Cowsheds Act we can get away with it in Leix?

I think Fine Gael ought to settle its dispute in private.

I understood the Minister to say that his position is this: Take the two types of farmers referred to by Deputy Belton. As they stand at present, they are in a certain position. The Minister's contention is that under the Bill they will be relatively in the same position. I can understand Deputy Belton's argument up to a certain point, but I do not see how the Bill changes the relative position of the two classes. For instance, at the present moment you have milk which is not altogether clean getting, say, 5d. per gallon. Better milk will get 6d. per gallon. The Bill fixes a maximum price, say, of 8d. or 9d. The better milk then, according to the Minister, would still be 1d. more per gallon. The Minister's contention is that the Bill actually makes no difference so far as these two classes are concerned. Deputy Belton would like the Bill to benefit the people who are producing milk under very stringent conditions. But the Minister's contention is that the Bill does not affect them, that it leaves them in the same relative position as before.

I do not think that Deputy Belton realises the force of Deputy Dillon's argument. Certainly he did not reply to it. Suppose you have milk produced under very stringent conditions; milk produced under less stringent conditions—the ordinary conditions which Deputy Belton says are not perfect—and milk produced without, in practice, the operation of the Acts. Why do you discriminate between what I may call the second class and the third class and not between the first class and the second class? Deputy Belton has not met that point. The Minister's contention is that the Bill leaves the thing where it is. It is for the health authorities to step in and try to regulate this and possibly they may be able to do that under the other Act.

Amendment put and declared lost.

Dr. Ryan

I move amendment No. 3:

In page 12, line 19, Section 31 (1) (b), to delete the word "twelve" and substitute the word "eight."

As the section stands, suppliers outside the prescribed area would be entitled to supply to the area if they had been supplying milk for 12 out of the previous 15 months. On representations from certain suppliers that the conditions were somewhat severe, I am proposing to make that eight months. I do not know if it would make any material difference. If only means, I should say, a very small amount in the aggregate, but it may, perhaps, be of considerable benefit to a few individuals.

Amendment agreed to.

Dr. Ryan

I move amendment No. 4:

In page 12, line 22, Section 31 (1), to insert after the word "apply" the following "(but in the case of a person to whom paragraph (b) of this sub-section applies, not later than six months after the date of such establishment)".

As the section stands, the people I have just referred to would be free at any time in the future to come along and say that they had been supplying. I think it is only reasonable that there should be a time limit. I am proposing by the amendment that if within six months they apply to become suppliers then they are entitled to be admitted by the board, but if they leave their application beyond six months then they lose their right.

Amendment agreed to.

Dr. Ryan

I move amendment No. 5:

In page 12, Section 31 (1), to delete line 23 and substitute the words "to be".

This is a drafting amendment.

Amendment agreed to.

Dr. Ryan

I move amendment No. 6:

(1) In page 12, lines 48 and 49, Section 32, to delete the words "a fee of ten shillings" and substitute the words "the appropriate fee", and at the end of the section to insert a new sub-section as follows:—

(2) In this section the expression "the appropriate fee" means——

(a) in relation to an application for registration in the register of producers kept by a board, five shillings, and

(b) in relation to an application for registration in the register of retailers or the register of wholesalers kept by a board, ten shillings."

Deputy O'Reilly made the point on the Report Stage that 10/- is a rather high fee for the ordinary producer. This amendment will reduce the registration fee to 5/- for producers and leave the 10/- fee for retailers and wholesalers.

Amendment agreed to.

Dr. Ryan

I move amendment No. 7:

In page 12, line 55, Section 33 (1), to delete the words "satisfies the chairman of such board that he".

This matter was raised by Deputy McGilligan, who feared that if a person applied for registration and the chairman said he was satisfied that the person was not entitled to it then on appeal the judge could not interfere, because he could not determine whether the chairman was satisfied or not. In order to leave a clear appeal we are taking these words out.

Amendment agreed to.

Dr. Ryan

I move amendment No. 8:

In page 19, line 47, Section 42 (2), to delete the word "including" and substitute the word "excluding".

As the section stands, in the fixation of prices unanimity is necessary, and if there is not unanimity the chairman decides. In the section we have "including the chairman". That would mean that the chairman could prevent unanimity. Now we are making it "excluding the chairman," so that if there is unanimity without him he cannot interfere.

In practice, the chairman will decide if one person objects?

Dr. Ryan

Yes, if there is even one objector.

Amendment agreed to.
Question—"That the Bill, as amended, be received for final consideration"—put and agreed to.
Question—"That the Bill do now pass"—put and agreed to.
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