I move: "That the Bill be now read a Second Time."
The main purpose of the Bill is to replace the present system of control of the contents of most packaged goods—which is based on the principle that each package must contain at least the nominal contents indicated thereon—with a system based on the principle that, on average, each package contains the nominal quantity indicated thereon. The Bill is necessary for three reasons, first, to meet EEC requirements; secondly, to facilitate exports by bringing the law into line with practice elsewhere and, thirdly, to introduce tighter control on the contents of prepackages and thereby benefit the consumer.
The proposed new system is based on two directives of the European Community—Council Directive No. 75/106/EEC of 19 December 1974 on the approximation of the laws of member states relating to the making up by volume of certain prepackaged liquids, and Council Directive No. 76/211/EEC of 20 January 1976 on the approximation of the laws of member states relating to the making up by weight or by volume of certain prepackaged products. These require that each package must contain on average at least the nominal quantity marked on the package, that the contents of all packages must lie above the absolute tolerance limits set out in the directives and that the vast majority of packages must lie above even stricter tolerance limits also set out in the directives. Packages qualifying will bear an "e"-mark indicating acceptability from a metrological point of view and this mark will act as a passport for the goods on to other EEC markets. Broadly speaking, a major advantage of the system is that it will facilitate easier access to all EEC markets because of its uniformity and general acceptability in the Nine. A quantity control function will ensure, by statistical sampling techniques, that packages are in accordance with the directives. And, as there will be no question of a packer being able to operate on a minus tolerance only, the consumer will be fully protected.
Through a committee established when the need for this legislation was first recognised, the various industrial interests and representatives of retailers and consumer groups were consulted to ensure that the measure introduced would be so designed as to protect the interests of all concerned whilst at the same time enabling industry to pack at maximum efficiency. This last consideration is quite significant to the competitiveness of industry on home and export markets.
Arising from this consultation and at the request of industry, the opportunity has been taken when preparing this legislation to expand its scope beyond the rather modest terms of the EEC directives so as to enable our packers and consumers to gain the maximum advantage from the proposed system. This has been done by proposing that a much wider range of packaged goods be subject to the average system than is the case under the directives.
To ensure compliance with the system, I am establishing a special inspectorate which will concentrate mainly on checks at the premises of packers and importers. In addition, a retail monitoring network will be established which it is expected will sample up to 75,000 individual packages annually thus greatly expanding the level of surveillance at retail level and enhancing the protection afforded the consumers. I should point out that another feature of the proposed system will be the transfer of responsibility for sub-standard packages from the point of sale to the point of packaging or import as the case may be, thus correcting what might be regarded as an anomaly in existing law whereby in many cases the retailer was legally responsible for packages which had already been made up before receipt by him.
I do not, of course, expect that all industry will be able to switch over to the new system overnight and accordingly have made provision for the issuing in certain circumstances of temporary derogations from the system. I am confident that when adopted and fully operative the new system will increase the efficiency and competitiveness of our packers and will provide Irish consumers with a comprehensive protection against sub-standard packages.
I commend the Bill to the House.