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Dáil Éireann debate -
Thursday, 25 Oct 1956

Vol. 160 No. 2

Committee on Finance. - Dairy Produce (Price Stabilisation) (Amendment) Bill, 1956—Committee Stage.

Sections 1 to 3, inclusive, agreed to.
SECTION 4.

I move the following amendment:—

To delete sub-section (1), and substitute the following new sub-section:—

(1) The Minister may by regulations, made in respect of a specified area, provide that a person (other than an authorised body) shall not—

(a) sell in that area any butter to which this section applies,

(b) acquire any such butter for the purpose of selling it in that area,

(c) supply any such butter for the purpose of its being sold in that area, or

(d) supply any such butter to the proprietor of a catering establishment situate in that area or the head of an institution so situate.

unless the butter was supplied to him by an authorised body or by a person who obtained it from an authorised body.

I brought in this amendment in order to meet a point raised by Deputy Aiken. I think it meets his point fairly well.

Question put and agreed to.
Section as amended agreed to.
Section 5 agreed to.
SECTION 6.
Question proposed: "That Section 6 stand part of the Bill."

Is the Minister determined to go on with Section 6, on the question of butter boxes? The section reads:—

"(1) The Minister may by regulations provide that empty butter boxes of a specified description shall not be sold save to specified persons and at specified prices.

(2) In this section ‘butter box' means a box in which creamery butter has been sold."

It might have been necessary when the emergency powers regulation was brought in to cover this point in this way, but surely at the present time the Minister could afford to be without the power given by a regulation prohibiting anybody from selling a butter box. There is no great shortage of timber now in the world. The Minister adverted to the fact that we are in the process, he hopes, of producing our own butter boxes in our own factories from pressed pulp of some sort, and I do not think, from the point of view of the supply of boxes, it is necessary in present circumstances to have this power.

I remember when the Fianna Fáil Government took the decision that the Emergency Powers Orders should be got rid of, the Ministers were told to bring forward permanent legislation, and that they must drop unnecessary powers from the permanent legislation, even though these had been in the Emergency Powers Orders. It seems to me that even if there was a shortage of timber, or if there was a desire, even a necessity, to get these butter boxes back to the original suppliers, this could be met by the creameries themselves, or the suppliers of butter. They could invoice the butter at whatever number of shillings per box it costs, plus a value for the box, or if they wanted to make sure to get the boxes back, they could invoice the boxes at twice their value so that if the shopkeeper who bought the box of butter did not send the box back he had to pay a fine in this case to the creamery for the box he did not return. I think in that way this problem could be met in these days when there is no great difficulty about the supply of timber. If there was really a physical shortage of boxes, the Minister might be entitled to take such powers to compel shopkeepers to return these boxes under penalty of a £20 fine, as provided in this Bill.

I would ask the Minister, if he has not gone into this matter since the Second Stage, to look at it between now and the Report Stage. If he does, I think he will make his mind up that this power is not really necessary and that the situation could be handled by the creameries themselves in the case of a shortage of butter boxes, in the way I have suggested.

I shall certainly look into it. I know there is a strong tendency when powers exist to maintain them, very often, beyond the time when it is strictly necessary to do so. I think the only justification for retaining power of this kind at the present time is that the cost of marketing butter can be materially affected by the number of times a wooden box is used, and the creameries are entitled, as the Deputies know, under the price structure for butter to an allowance to cover costs of production, part of which would be the cost of packing, and so forth. I imagine the reason for retaining this power is in case a situation should arise that inadequate user of wooden butter boxes would raise an additional charge against the Exchequer in respect of the subsidy paid for butter or to the consumer in respect of the prices chargeable for the butter.

My idea, of course—and it is the right idea—would be that a butter box should be used only once and it was with that in mind that I have tried to popularise the fibre-board box, but a great many suppliers are still using these wooden boxes, all the timber for which, it must be borne in mind, is imported from Sweden. I think I would be able to justify to the House, so long as the commodity was a fairly expensive imported commodity, and so long as the price of butter contains a subsidy element, whether payable by the consumer or the Treasury, that there should be power in the Minister for Agriculture to control the user of butter boxes, even if he did not use it, lest unnecessary cost be thrown on the consumers. Otherwise, all my sympathies are with the Deputy from the point of view that it seems to be a rather odd power to carry over from the time when it was made to deal with an article which was in very short supply—which was, in fact, physically unobtainable. This power was created in order to perpetuate a supply of some kind of boxes, but I imagine the reason for wishing to retain it is what I have suggested to the Deputy now.

Will the Minister consider the matter?

If the Minister does that, I think he will come to the conclusion that the creameries are fairly well able to look after this problem themselves.

But the Deputy sees that there is a subsidy element in it?

Yes, the price of butter is controlled. I know there is an allowance for manufacturing and other expenses made to the creameries, but if the creameries want to keep down the costs of production and distribution by getting back the boxes, there is a way in which to do it. They can invoice the butter at so much per cwt., plus so much for the box, and if the box is worth, say, 2/6, if the creameries urgently require to have these boxes returned in order to keep down distribution expenses, they can invoice those boxes at 5/-. If the shopkeeper returns the box, he is credited with 5/- and if he does not, the creamery has got 5/- in lieu of the box.

My sympathies lie with the liberal sentiments expressed by the Deputy.

Major de Valera

I would like——

We are all agreed that, if we can, we will get rid of this.

Major de Valera

No, we are not.

Do not start flogging a dead horse, please. I agree with it.

Major de Valera

There is no question of flogging a dead horse. I just want to find out which half of the Minister's own statement I am in agreement with, because the two halves do not seem to agree with each other.

If we can get rid of the blooming regulation, we will get rid of it.

Major de Valera

Would the Minister listen a moment while I endeavour to sort out the two halves and piece them together, when we might for once get agreement? The Minister, first of all, made reference to imported material. The impression conveyed to me was that a factor influencing the Minister had something to do with the protection of the home product.

The Deputy is quite wrong.

Major de Valera

I must have completely misunderstood what the Minister said.

I apologise if I did not make myself clear.

Major de Valera

I understood the Minister to say that, as wood was an imported product, he was interested in the alternative being manufactured here.

Major de Valera

I am not saying that that is not a perfectly legitimate thing.

I said it had to be borne in mind that in the present situation this was an imported product and that it would be an advantage from the point of view of the balance of payments to have it manufactured at home in order to avoid losses.

Major de Valera

Is that one of the motives for this provision? Saying that you are going to restrict the import of boxes because you want to ensure that butter boxes are manufactured by home material and by home labour is not the same as saying you base your case on the cost to the creamery. They are the two things I want to sort out.

I beg of the Deputy to abandon this. It is a power which may be used and which will not be used if it is not necessary.

Major de Valera

I will not pursue it but I cannot help appealing to the Minister's own sense of humour and ask him could he imagine what he himself would say on these benches if a Fianna Fáil Minister brought in that provision in the situation I mentioned earlier?

I would be appalled to imagine I would make the same kind of speech Deputy Aiken made.

Major de Valera

The Minister would probably have said that it was for some friend's advantage.

The Minister was in a more reasonable mood on the last occasion I spoke to him in this House. It is very difficult for me to find justification for the wide power he asks.

Major de Valera

It is too much for the Minister's sense of humour.

I do not know what causes the Minister to leave the House with such expedition. I hope it is not a temporary indisposition——

Does the Deputy think it will be permanent?

——and that he will be able to come back and listen to the rather difficult query I am going to put him. The argument which brought me to my feet is, I think, one of the most important issues that has ever been put to the House. The Minister is taking wide powers to interfere with business transactions between individuals, even to the extent of empowering himself to prevent and prohibit the sale of old butter boxes. I do not think the desire for unbridled authority has ever gone so far. I do not think the House has ever before been asked to legislate to give a Minister power, without any restriction whatever upon his use of the power, to prohibit a transaction of that kind. I cannot find words, really——

If the Deputy cannot find words he should sit down.

Now that the comic interlude has ended and the Minister has come back to his place of responsibility, I put the case to him again. Through this section the Minister asks the House to empower him to prohibit what is in most cases a very trifling transaction. He asks the House to give him power to prohibit the sale of old butter boxes to any individual— the sale of an old butter box to a widow, say, for kindling.

Major de Valera

There are other uses for old butter boxes.

I suppose the Minister would not prohibit the sale of old butter boxes for the Fine Gael candidates in the next election. I assume that would be quite a legitimate transaction in his view provided, of course, he can get a candidate to stand on them.

I would not knock the candidates off them if they got up.

We can find a great deal of humour in this—a great deal of humour, indeed, because the Minister's proposal is not only audacious but ridiculous. It provokes laughter in the House when one sees what the Minister is trying to do. He may "by regulations provide that empty butter boxes of a specified description shall not be sold save to specified persons and at specified prices". That is to say, he could, if he wished. I am not suggesting the present Minister would do it but, with Deputy Major de Valera, I think that if a Fianna Fáil Minister were to come into this House with a proposal of that sort we should hear from these benches the suggestion that he was taking the power in order to confer a monopoly upon some political henchman. I am not making that suggestion. I am perfectly certain that is not the purpose behind this proposal.

The proposal may have its origin in the well-known desire of the Minister to control everything that will add, he thinks, to his prestige and stature as a public man but are we justified in giving this power on the basis of the argument which the Minister recommended to the House? He said that the reason for all this is that there is an element of subsidy in it. Has the Minister considered how large that element of subsidy is, having regard to the present price of butter, the present manufacturing cost of butter and the present price which the creamery gets for the butter, even though that price is a subsidised price and related to the cost of the butter box?

I think all of us will recognise, even if we do not express our verbal agreement, that the proposition—and I am not putting it to the House—that the element of subsidy represented by the subsidy on the butter box is infinitesimal in relation to the price of butter. Yet, that is the argument upon which the Minister submitted this to the House. It may be that, in some Order made under the Emergency Powers Act in the circumstances in which the country found itself during the last Great War, there was a proposal of this sort. But the war is ten years over. I hope even the Minister recognises that. There is no difficulty, I think, in procuring butter boxes at the present moment, nor is there likely to be in the immediate future. Therefore, why, if a person wishes to dispose of a butter box to another in exchange for coin, should he be prohibited from doing it? I say "in exchange for coin" because, so far as I can see, if the person wishes to dispose of the butter boxes not by selling them for legal tender but by barter or exchange, then it would appear to me that the Minister cannot catch him at all.

This is typical of the sort of thing the House has been getting from the Minister for Agriculture over the past two years. We have these half-baked proposals submitted to the House. The Minister makes an eloquent speech, and, hypnotised by his oratory, the House is supposed to accept his proposals without giving them any consideration whatever. The Minister ought to treat the Legislature with more respect. When he comes here and submits a proposal, he should at least demonstrate to the House that he has thought out its implications. He should be able to prove to the House that a power of that sort—which is in restriction of the right of the individual, about which the Minister used to be so eloquent—is fully justified by the circumstances of our time. I do not think that is the case with this regulation. Again, I think it is one of these proposals which has been inspired by the greed of the Minister for authority.

There was a time when the Minister was on these benches. When the Government of the day was using every effort to ensure that the nation would not starve, the Minister used to wax eloquent about the arbitrary powers which the Government of the day were taking in those circumstances. However, those circumstances do not any longer exist. It appears to me that, since the circumstances are nonexistent, the Minister ought not to seek power to prohibit the sale of an old butter box to an old woman who may need it because she has not any other fuel and that when the Minister comes to the House with a proposal to restrict the rights of the individual, he ought to be in a position to make a better case for that proposal than the one he has made for Section 6 of this Bill to-night.

Question put and agreed to.
Sections 7 to 11, inclusive, and Title put and agreed to.
Bill reported with amendments.
Report Stage ordered for Wednesday, 31st October, 1956.
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