asked the Minister for Justice if he is aware that there is no definition of "batch" bread in the Bread (Regulation of Prices) Act, and, as all the Ministerial orders, made from time to time, regulating the price of bread, refer to batch bread only, will he cause to be circulated to the Gárda Síochána an instruction clearly setting out the class of bread which is to be taken as batch bread for the legal enforcement of the weight and price conditions which govern the sale of such batch bread only.
Ceisteanna—Questions. Oral Answers. - Definition of “Batch Bread.”
I understand that the definition to which the Deputy refers is contained in an Order made by the Minister for Industry and Commerce, entitled the Bread (Price) (No. 2) Order, 1937.
Arising out of the Minister's reply, may I assure him that the very greatest confusion at present exists in the country, and would he not think it desirable to settle this problem by a statutory definition, if needs be, rather than have the definition of "plain bread" eventually settled by a test case which will have to go to the High Court? In some districts bakers have been prosecuted in respect of turn-over loaves, and in other districts, they have been prosecuted in respect of pan loaves, and in still further districts they have been acquitted of all responsibility in respect of these types of bread, and told that the only type of bread to be sold by weight is what was known, prior to the Minister's orders, as "plain bread".
There is a definition set out. "Batch Bread" is defined in the Bread (Price) (No. 2) Order, 1937, made by the Minister for Industry and Commerce under the Bread (Regulation of Prices) Act, 1936, as bread which is not baked in containers and is sold or offered for sale in loaves of which the outside is not all crust. No complaints have been received from the Gardá Síochána as regards that interpretation.
Is the Minister aware that this ambiguity immediately presents itself?
I have got no complaints.
If the Minister were watching the legal proceedings he would see the confusion that exists in that regard. There is this ambiguity: does a loaf of bread, which contains sugar or fat, and which is not altogether covered by crust, come within the description of a "plain loaf"?
The courts can interpret that.
Is it not much better that Dáil Eireann should interpret it than that some individual baker down the country should be required to carry a case to the High Court in order to get a definition?
I am not aware of any case coming before the High Court.
Because no sane baker in the country is going to engage in litigation to clarify the law. It might cost him £1,000.
I think it is quite clear.
It is not clear.