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Dáil Éireann debate -
Tuesday, 29 Apr 1980

Vol. 320 No. 1

Packaged Goods (Quantity Control) Bill, 1980: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time".

This Bill concerns the information which is printed on the cover of packaged goods. I understand that this legislation is related to EEC proposals on the matter. I would be grateful to know the extent to which we must introduce this legislation in full in every respect as a direct result of EEC legislation. How much of the Bill is of our choosing, some of the terms of which we can alter, and how much of it is required by EEC legislation? I understand that other European countries have applied different rules in respect of the information that must be printed on packages containing goods for export from one country to another and by applying these rules it is possible for countries to keep goods from other countries out. Similar legislation can be used as a hidden means of protection against imports rather than for its proper purpose. In order to achieve free trade of goods the Community has felt it necessary to bring about uniformity in regard to the requirements which may be imposed by individual member states in connection with the information they may demand on packages for sale in their jurisdiction.

It is hard for us to assess this legislation properly unless we have the information I have asked for which is not contained in the Explanatory Memorandum or in the Bill. I am in favour of free trade within the Community and, therefore, I would favour any legislation which facilitates it. The type of information that one requires to have presented on a package can vary considerably from one country and one culture to another. Shoppers in different countries would require different information. One cannot say that Italian consumers would require the same information as Irish consumers. That suggests that we could have difficulties arising from imposing a uniform stance. Another matter I should like the Minister to consider is that it might be decided that in a certain situation one might want additional information not already provided for in EEC legislation but the only way one can have anything done about this is to have a directive passed requiring this information. It will take so long to get through such legislation that the need for it may have passed. That would be the position in the case of some new packaged goods introduced specifically to the Irish market by an Irish producer. If the Minister has not the freedom to insist on certain information being put on a package according to Irish law and must await an EEC directive it may take a long time. A difficulty would arise if the goods in question are not in common currency throughout the Community.

There is a need for information on packaged food as to the nutrient value of it. A lot of food is being sold in packages or tins which may have variable nutrient value. People may not know the calorie content of the goods and we must remember that many people are concerned not to consume more than a certain number of calories a day. Some may consider such people to be obsessive in the pursuit of this matter but it is a legitimate interest. In respect of packaged foods it would be valuable to have the calorie content of the food stated on the package. I am not aware that it has been considered important to give this information but an Irish Government may wish to require that it be given.

Would this Bill, if it does bring us into a European setting as far as this information is concerned, prevent us from requiring that that sort of information be furinished? I am aware also that the Consumer Information Act contains extensive powers under which the Minister may, by order, require certain information to be given in respect of certain goods. I do not fully understand why the powers contained in that Act are not used to bring about whatever requirements are needed—for example, why it was necessary to have a separate Bill on quantity control in respect of packaged goods. Perhaps the Minister could explain why that procedure was not followed.

If this Bill in its entirety is one required by EEC rules, I am somewhat surprised that the European Communities Act was not the instrument used for its introduction. I should like some information in that respect also.

I should like confirmation also that the only matter with which this Bill is concerned is quantity. Might I ask the Minister if that is so; that it is quantity only and nothing else.

The Bill specifically states that; I will explain it when I am replying.

So I presume it would be quantity in terms of weight, not quantity of value.

That is all in the EEC directive.

That is all I wanted to ask.

Deputy Briscoe rose.

I should like to congratulate the Minister of State——

A Cheann Comhairle, I rose to speak——

Does Deputy Briscoe wish to make a point?

I rose to speak.

I will give way to Deputy Briscoe.

I thought the Deputy was making a point of order.

I do not intend to be very long anyway.

I welcome this Bill because it deals with a subject which for a long time has been near and dear to my heart, that is, that proper information be presented to the public on packages. The Bill does not deal with a very wide range of information; it deals merely with what might be described as the nominal contents of a package. I agree wholeheartedly with what Deputy Bruton said in regard to other information being included on packaging in the future, one being the calorie content of foodstuffs. Possibly such would be a good public relations exercise for the manufacturing company concerned. When I was last in the United States I noticed that it was more usual for them to show the calorie content on their packaging. For very many years the public in the United States have been very conscious of the need to keep their weight under control because overweight is accepted now as a real danger to life. I noticed that even on chocolate bars the number of calories was shown. I hope I am not obsessed with the idea of calorie counting, but it is very helpful to be shown the calorie content of any package one may be buying.

We should be leading the way, where we can, in getting the EEC to insist on certain minimum standards for packaging, one such requirement being the display of the date of manufacture. Here I am talking about food products where at present the dates of manufacture are shown by way of code. I believe that the public have more right to know the date of manufacture at any retail outlet. It is extremely urgent that the EEC issue a directive that the date of manufacture be displayed on all goods, also the date by which the product should be eaten. There is a tendency for a lot of stale foods to be sold in certain types of retail outlets. One must be careful always where one buys foodstuffs, particularly bearing in mind their present cost—items such as biscuits, sweets and so on. All packaging should display not merely the date of manufacture of the product but also the date by which it should be disposed of.

Is the Deputy advocating something that should be in the Bill?

Yes, I should like to see that included. I should like to see it included in some future directive of the EEC.

Another item which should be included in a Bill such as this is the obligatory display on packaging of the country of origin. Very often one sees "Foreign made" displayed on a particular article. The country of origin should be shown on all goods, which is a right of all buyers.

One problem often encountered in relation to buying certain types of goods—and here I am thinking not merely of Ireland but of the Continent as a whole—is in a situation in which a food manufacturing business goes bankrupt, when the job lot buyers move in and buy all the stock. They might buy warehouses full of stock which could take a long time to be disposed of, which in itself could well present a health hazard. That type of protection for the consumer should be built into legislation. The public should be adequately protected particularly in relation to foodstuffs.

The passage of this Bill facilitates us in easier access to EEC markets. But manufactures here should be leading the way, by voluntarily displaying further information on packaging. I know that at present they must show the ingredients. That is the law in all European countries. One cannot export any product without its ingredients being shown on its package.

I welcome the establishment by the Minister of the special inspectorate. I hope they will do their job effectively. It is very important that there be sufficient surveillance at retail as well as at manufacturing level. Any extra protection that can be afforded consumers is to be welcomed.

There is a need for a programme to educate consumers as to what they should expect, as to what kind of standards they should be demanding. Television lends itself very well to this type of programme, but radio can be effective in this way too. The viewer would be made aware of what could be obtained from a good company who were concerned for the consumer compared with what might be expected from a company who were interested purely in manufacturing and consequently, whose produce might not be as fresh or as good as it should be. One is sometimes horrified on visiting some small manufactures and finding that they work under very crude conditions. I am talking about the one-man type of business, of which there are many in such places as the UK and on the Continent as well as in Ireland. I visited many such businesses in the days when I had an agency for flavourings and essences and when I used travel around the country a good deal, both north and south. The sort of operations I have in mind would convince anyone of the need for this kind of legislation in the interests of the consumer; but first the consumer must be educated in the kind of standards that he should demand.

I should like the Minister in his reply to elaborate on the last paragraph of his speech in which he stated that he would not expect all industries to be able to switch overnight to the new system and that, accordingly, provision was being made in certain circumstances for temporary derogations from the system. Perhaps the Minister would give us an example of what he has in mind. I do not think that there should be any great delay in respect of companies ordering wrapping papers on which will be printed the information which is provided for in this Bill. Because of the high cost of wrapping paper very few companies would be likely to order very far ahead. That is why I am satisfied that a six-month period would be adequate in this case. However, if the drafters of the Bill had something else in mind in providing for temporary derogations I should be glad to hear what it was. I welcome the Bill and hope that it will be the first of many such pieces of legislation. This may be considered a small Bill, but it is very important from the point of view of the consumer.

As this is the first occasion on which I have had an opportunity of speaking formally to the new Minister of State, I congratulate him on his appointment and wish him every success and happiness while in office. I should like to have my good wishes conveyed also to his private secretary who is a neighbour of mine and whom I have known for a long time.

At the outset I should like to make a general point in regard to legislation of the type now before us. There is a good deal of very important legislation passing through the House nowadays in regard to consumer affairs in general. Many of these pieces of legislation have widespread implications for industry and for the consumer. Sometimes it is difficult while the legislation is going through to obtain the views of people whose opinions would be valuable. In this context I would ask the Minister to consider the setting up of a Committee of the House who would consider in detail this kind of legislation. While not wishing in any way to denigrate the Minister or his Department, they bring forward legislation from one particular viewpoint, a viewpoint which may be limited to some extent; whereas a Committee of the House comprising Deputies from all parties, and who would invite people from outside to come in and comment on proposals for legislation, would be playing a very worth-while role in regard to the drafting of the Bill concerned. I am thinking in terms of comments being invited from, say, representatives of the trade union movement, from the Consumers Association of Ireland and from the Confederation of Irish Industry. What I have in mind is an actual Committee Stage at this point with the Minister and his officials being present. In this way the many viewpoints expressed could be collated and examined in regard to the drafting of the Bill.

As spokesman on consumer affairs for my party I have available to me the help and advice of a number of people in relation to legislation coming before the House, but I am limited in what I can do. Despite the fact that the Minister has the backing of an extensive Department he is limited, too, in regard to foreseeing the difficulties that can arise.

I welcome the Bill in so far as it goes, but I am disappointed in that it is exactly what I thought it would be from my reading of it and from my reading of the Explanatory Memorandum. The point I am making is that the Bill deals only with quantity and that, therefore, it fails.

This Bill should have included specific sections dealing with the standard and quality of goods. It should also have included a section dealing with the description of goods. It should have included a section dealing with the contents of packaged goods. It should have included provisions about the latest date on which a person could eat foods in safety. These four items should have been included in a Bill of this nature. This Bill only deals with quantity, which is important, but it is not sufficient. The Bill should have dealt with the other items I have mentioned and I am disappointed that it does not do so.

The Minister is aware that the Institute for Industrial Research and Standards publish standards on a regular basis. But if people do not wish to accept the standards laid down by the institute they are under no obligation to do so. This is a distinct flaw and it should be remedied at the earliest possible opportunity. In the main the standards set out by the institute are reasonable and it is necessary that they should be made compulsory.

I readily admit that a Bill dealing with the quality of goods would be difficult to draft and to implement. Nevertheless it is absolutely necessary at this time to have a Bill dealing with the quality and standard of goods. The institute set out standards here in Ireland. In relation to building materials, for example, people drawing up contracts can have the materials specifically included, but in many instances people are unable to ensure that proper standards are maintained. Legislation is necessary and this Bill would have given us an ideal opportunity to draw up the necessary legislation. We are going to have to pay far more attention to the standards set by the institute. In relation to one particular item, the cords on children's anoraks, a statutory instrument was brought before the House and passed and the type of cord in question is not being used now.

This Bill should have been able to encompass a far wider variety of examples. I wonder how people are going to see that this Bill is implemented when it is passed. It deals with quantity. In some cases there may be difficulty in measuring or weighing goods. People may need to have goods examined by the institute to provide evidence in a court case, but the institute is, to all intents and purposes, closed to consumers' complaints at present. I worry over this. There is one exception and that is cases of safety. The institute take telephone calls and messages and deal with such complaints. But on listening to a radio interview sometime ago I understood from it that even in relation to safety measures alone the institute is over-extended in the work it is being asked to do. After this Bill is passed it could be three months or more before a person wishing to have a case investigated could have this done. It is good to see a Bill of this nature being passed but unless we can have cases investigated properly and thoroughly by competent people then the Bill is nothing but hot air. I appreciate the goodwill of the Minister, but goodwill is not enough. The Bill must have teeth and muscle and the people must be there to do the job.

The institute has been closed to consumers' complaints for four to six weeks and it will be closed for a number of weeks more. This is not good enough and it must be remedied. All the consumer legislation that has been passed through the House is good legislation and we are fully in agreement with it, but it is no use passing legislation if it cannot be fully implemented. I ask the Minister to bring to the attention of the Government the necessity to provide the Institute for Industrial Research and Standards with more staff to deal with complaints and more equipment to carry out examinations. I have had people telephoning me to know if I can make representations to the institute about particular items and I have done so. The institute have been very helpful and they have co-operated and have investigated complaints for me. I do not know whether they jumped the queue or not. But I was asked to make requests for people who are not in good circumstances. In one case there was a large family involved and the item concerned had cost them a sizeable amount of money. They were being driven backwards and forwards and they had nowhere to go. If legislation is going to be passed the necessary back-up services must be provided and the scope of the institute must be extended. If we do not extend the scope of the institute to deal with industrial complaints, this legislation will be of little avail because people will be unable to have their claims processed and dealt with. The Minister should bring that to the attention of the Government at the earliest possible opportunity.

Deputies Bruton and Briscoe dealt with food analysis and the calorie contents of food. Some of this information is on packets but the scope should be extended to include vitamins contained in the food and the items that went into the preparation of the product. This is essential and desirable. I recently came across a case where a farmer was using a spray. He was not aware of the power of it and on emptying it out it caused considerable damage to a small river. It is essential to set out the effects of the products.

Reference was made in the House to cases where children lost their lives after taking sprays and so on which contained poison. Some effort has been made to be more specific in the labelling of such products. However, I am not satisfied that what has been achieved up to now has been satisfactory. It is essential to state whether items are poisonous or not. More stringent precautions should be taken in regard to items imported into the country that may be poisonous. At present the notices are not comprehensive enough and are inadequate. It is essential that the contents be set out and also the results of the use or misuse of the product. An analysis of the items should be displayed on the carton and overall package.

Perhaps the Department might consider some kind of educational programme to explain to people the way in which they should dispose of products. Poisonous items are often left lying around houses or sheds. An effort will have to be made to see that such items are not left lying around because they present a danger to the person using them, their children or family. Could this be incorporated into the Bill? The Bill should try to do that because a lot of people are insured and a lot of lives are lost. People should be told to dispose of such items by putting them into their bins. As regards sprays used by the farming and industrial sectors the Government will have to take the lead in educating people on how to dispose of these items. It is all too easy to spill it out into a river. That is not good enough when one is dealing with poisonous products which can cause pollution.

As regards the weight of products, an item such as turf is very hard to weigh. I understand from fuel merchants that they are not selling fuel by weight but by the bag or in some instances by the lorry. I received a letter from a person in the St. Vincent de Paul Society who is concerned at the way in which elderly people are dealt with when purchasing turf by the bag as distinct from by weight. The letter says:

I would like to draw your attention to the sale of fuel especially turf not alone in... but all over the country. The local St. Vincent de Paul Society are very concerned about the manner in which it affects not alone the poor and needy but everyone who is in the unfortunate position not to be able able to buy this fuel by bulk.

People were not getting the number of hundredweights of turf. When this was questioned the society were informed that turf is no longer sold by weight but by bulk and the reason given was that it would be too costly on the consumer or would mean extra men being employed to weigh the fuel.

The letter went on to say that bags of turf were sold at the same price but that they varied in weight from five stone seven pounds to seven stone three pounds, including the bag. In other words, a person could buy a bag of useless white turf which will burn in a few hours, while good quality turf will last. These people are buying turf by the bag. The Minister, in co-operation with Bord na Móna and the fuel merchants, should try to ensure that turf is sold to elderly people by weight, not by the bag. In many cases these people are not getting value for money. It is important that they get quality and quantity for their money, which they are not getting. I do not see how this Bill can be of assistance in this instance but I would ask the Minister if it will remedy....

The Bill is dealing with EEC directives. They allow for admission to the market and so on. Other Bills will be introduced, but this Bill is taking in the e-mark situation and high speed packaging. Turf will not come under that heading.

I am very disappointed.

If we were dealing with closed plastic packages the situation would be different, but it all goes back to the EEC directives. I am listening to what the Deputy is saying and bearing it in mind.

The Minister might consult Bord na Móna about this matter. I am concerned about the elderly people who have to buy turf and I hope the Minister will bring in legislation to cover this point.

I noticed that strapped goods are omitted from this legislation. I am thinking now of bales of briquettes. I gather these items are not included in this Bill.

No, they are not.

I am disappointed because I hoped they would be incorporated in this Bill.

We are being caught by EEC directives. This legislation deals with something of immense importance— quantity. I am sorry this Bill and the directives are not further extended. The directives go a further distance but other countries do not seem to be obliged to comply with them as fully as we are. This Bill deals with quantity and I want to touch on something that interests me——

Once there is a e-mark on them they are sold in all the member states.

I want to touch on the packaging of goods. I do not know if this comes within the scope of this Bill, but if it does not it could have been——

If the Deputy is advocating something which he thinks could be put in the Bill he is in order.

I am concerned about the stamping of our exports. Carcase beef is stamped by the Department of Agriculture using a purple dye which is not harmful and it gives the plant and factory number. However, this dye is very unsightly. After this beef has been skinned and cut into individual portions, this purple dye is stamped on each cut. Could this colour be changed? Under the EEC directive the British stamp is brown, the same colour as the meat. It is very important for our export trade that the colour of this stamp be changed and the directive should be looked into. If this cannot be done it might be possible to package and label our meat. The labels could show the factory number and all other relevant information. This is of importance so far as agricultural exports are concerned. For example, our meat, which might be used for hamburgers, might still have purple dye showing. As I said, while this is not harmful it is very unsightly. That is why I would like to see our meat exported in packages or cartons.

This was dealt with at considerable length following a symposium on meat packaging about a fortnight ago. I do not profess to be an expert on this matter but I have been in communication with meat factories and the Department of Agriculture to try to remedy the problem. There are three forms of packaging, Cryovac, Swiss Vac and the vacuum pack. In the Cryovac, the beef is tied up with a clip and this helps to extend the life of the product. It is an easy way to package meat. The Swiss Vac method is similar but it is heat sealed and a clip is not used. The meat can be chilled in both, and it is an almost perfect way to package it.

The basic problem is that we will have to go to the EEC with a request to have the directive changed. I understand the Department are anxious to have the directive changed as are many members of the farming organisations. It is a matter of tremendous importance and this is evident from the statements made in the past fortnight following the symposium.

I wish to deal with a few other points and to give notice that I may be submitting amendments on them on Committee Stage. I am interested and concerned about a number of the provisions in section 17. Subsection (1) refers to a person who fails to perform a duty imposed on him under section 9 or 10 and it states that he shall be guilty of an offence. Subsection (5) states:

(a) If a person has in his possession for sale, agrees to sell or sells a package to which section 8 of this Act applies which is inadequate and either—

(i) he is the packer or importer of the package, or

(ii) he knows that the package is inadequate,

he shall be guilty of an offence.

(b) Where—

(i) a package to which Section 8 of this Act applies is made up pursuant to an agreement or arrangement between the relevant packer and another person, and

(ii) the package is inadequate, and

(iii) such packer delivers the package to or to the order of a person to whom, under the agreement or arrangement, it falls to be delivered,

such packer shall be guilty of an offence.

(c) For the purposes of this subsection a package to which section 8 of this Act applies shall be regarded as being inadequate if the quantity of the goods included in the package is less, by more than twice the amount prescribed for the purposes of section 9 (5) of this Act, or, as may be appropriate, twice the relevant amount calculated in the manner so prescribed, than the quantity marked in pursuance of this Act on the package.

I do not wish to drag this out but it seems that the packer referred to could be an ordinary worker on the shop floor who has had orders to package foods. I do not think it is the ordinary working man who should be responsible. It should be the company managers and so on, all of whom should be aware of the legislative provisions. The phraseology concerns me. If the Minister does not consider an amendment I will be tabling one on this section because it seems to me that as the Bill stands the ordinary worker could be brought to court and penalised. Hundreds of shop workers could be prosecuted as the Bill stands.

I am asking the Minister to make the public aware of the provisions in the Bill. I hope that both he and the Department will explain its provisions publicly before the Act comes into operation. Its implications are varied and many and the public should be told about them.

There is a provision in regard to weight and quantity and I am sure the Minister is aware many items lose weight after manufacture. Bread, for instance, is heavier immediately after being baked than it is later on. What is the position in that respect? When, from the point of view of the consuming public, does the Minister say items should be weighed? Is it when they leave the factory or later at the retail level? It is important that the Minister would give us his views on these matters.

Dealing specifically with confectionery, when there are increases in the price of sugar and different items involved, what happens is that instead of the prices going up, the contents are reduced in size. Could the Minister take steps to ensure that the consumer is not being caught by these shady practices, particularly concerning imported goods?

When I go abroad on holidays or on business one thing which strikes me forceably is the poor quality of some Irish packaging for export. We are losing millions of pounds of exports due to inadequate and improper packaging and the Government should try to do something to combat this. On occasions I have put down questions in the House dealing with imported goods which we ourselves are producing and are not able to sell because we are not marketing them properly and not packaging them properly. The importation of these goods into the country is affecting our balance of payments. There are honourable exceptions to this. Kerrygold made a marvellous breakthrough in butter sales and Irish Mist has made a tremendous impact right across the world because of the product and its packaging. Our food exports will have to be seriously looked at by the Confederation of Irish Industry, the trade union movement, the consumers' associations, the Government and particularly the Minister's Department. This is of tremendous importance to our whole economy. If a girl goes to a dance, how she gets on depends on how she is dressed. The packaging is of extreme importance.

We could say that getting off the shelf applies on all levels.

In my opinion, we have lost millions of pounds on exports of food items through not having sufficiently modernised packaging of a high standard. Could the Minister include, in this Bill, incentive bonuses to ensure that our industrialists and our agricultural exporters improve their marketing? It would have a tremendous impact on our exports. A campaign for the improvement of packaging could be carried on in conjunction with this Quantity Control Bill. The Minister has the authority vested in him by the power of the people of Ireland to commence such a campaign at the earliest possible opportunity. The money spent would not be sizeable. There could be competitions. With improvement in the packaging of our goods, those who sell them throughout the world would reach a much larger market.

I must say, in fairness, that a lot of our goods for home consumption are well packaged but there is a lot to be desired at present in some cases and this Bill should incorporate some means to remedy that situation. I welcome the Bill although there is a lot of ground to be made up, particularly regarding the items I have mentioned.

I congratulate the Minister on his appointment and wish him very well in the years to come. This legislation is, indeed, very important but I am not in wholehearted agreement with the Deputy on the far side of the House. I am more concerned with what is inside the package than with the package itself. We might try to sell our goods in Europe with very elaborate packaging or containers but, basically, the average housewife is more concerned with what she gets in the package than the look of the package itself.

Over the last 30 years, selling of goods has changed considerably. We now have large supermarkets where everything on the shelf is in a package or in a can. In my parents' time, you went into a shop which had sacks of flour or meal or whatever it might be, and you bought your pound or two as needed. You bought only what you required but, unfortunately, in this day and age you must take off the shelf what is there. One thing troubles me nowadays and that is that the quantity is geared towards people who buy in bulk. I feel very sorry for the elderly, for people living on their own, for old age pensioners who must buy about three or four times what they need. By the time they have used all or half the goods, they are stale and have to be disposed of, which is a complete waste of money. Is it possible, in this Bill, to suggest to the manufacturers, or ask, or compel them, if possible, to package smaller amounts of commodities? What does an old age pensioner or a person living on his or her own want with two pounds of sugar which might last three months or more? There should be some way around this problem. Goods packaged in too large quantities are potatoes, flour, custard. I know one can go into a butcher's shop and buy small amounts of meat but a person who might wish to shop in a supermarket will find it impossible to buy small quantities of meat. The packages generally contain three or four chops and if the shopper is an old person he or she may only require one chop. Consideration should be given to people who wish to buy small quantities of food.

I should also like instructions to be printed on packaging advising people to remove the goods when they get home. In this connection I am thinking of cardboard containers covered with cellophane. Food should be removed as quickly as possible from such packaging. vegetables, in particular potatoes, and fruit deteriorate rapidly when kept in plastic wrapping. On numerous occasions I have had to return food to shops because it had deteriorated in its plastic container. I must say that the majority of shops and supermarkets are good about exchanging food that is not up to standard. I have no complaint about them in this regard.

Many of the cartons carry a code date but this means nothing to the average shopper. The final date by which the food should be used should be marked on the cartons and it should be done clearly so that shoppers can see it at a glance. As a result of a new lifestyle, litter has become a serious problem in Ireland and on the continent. All of us have become more conscious of the environment and of the desirability of keeping it as clean as possible. I should like to see labels on containers asking purchasers to dispose of the containers in a proper way, not just to throw them on the ground. In this connection, I am thinking particularly of items bought by children. The amount of litter in shopping centres is quite incredible—sweet papers, cartons and lollipop wrappings are scattered all around the area. An appeal to purchasers to dispose of litter in a proper way might be of some help. I have a complaint to make with regard to containers of cleansing fluid. After using a container for a very short time one finds it does not function any more and one has to throw it away even though it is only half used. The container clogs up and cannot be used. This is very wasteful and it causes much annoyance. Perhaps the Minister could look into this problem.

Certainly we pay the price for progress. The price of packaging in recent years has been quite considerable. If a container can be disposed of that is not too bad—perhaps it can be used to light the fire although nowadays many people have central heating and do not light fires. Even more difficult is the matter of bottles and cans. I realise that this matter is not in the Bill but I think the kind of containers being used should be examined. They should not cause harm or damage. There are broken bottles on every road in the country and it is very difficult for local authorities to deal with this. In the years to come I hope we will be able to use all the material that we are throwing out at the moment. The packaging of goods costs a fortune but we are doing nothing to recycle it.

I welcome anything that will help the consumer to get a better deal. Now that we are in the EEC we are importing a considerable amount of tinned items and the language used on the labels on these tins is a foreign language. There is nothing in English or Irish—although I accept that the majority of people speak English more easily than Irish—to indicate what is in the tins. There is nothing to indicate how to use the commodity. It is difficult to know whether you should take it out of the tin or heat it in the tin. People just buy them "on spec," and hope for the best. There should be some indication to the shopper what these tins from other EEC countries contain. There are also tins containing sprays that can be very dangerous and there should be far more information on these indicating what they are and whether their use involves any danger.

It has already been said that the calorie content should be mentioned on packaged goods. I think vitamin content is mentioned on most items but I do not know if people understand this, and if people need vitamins it is the medical profession that should advise them.

Again, I congratulate the Minister on bringing in this legislation. I hope it will do some good for the consumer and that the extra cost of commodities, now included in the price because of the extra packaging, will be worth while. I trust that this legislation will at least offset the increase in costs due to elaborate packaging. Finally, I ask the Minister again to investigate the possibility of instructing industrial packagers to make smaller amounts available for people who cannot afford the cost of larger packets or who are unable to carry them. It would be useful if there could be more packaged goods offered in small quantities than are available at present.

This is a very timely piece of legislation. From my own experience I wish to add one or two observations. I hope these will be covered in the Bill and I would appreciate it if the Minister would confirm that when replying.

The Bill deals with packaging and labelling of goods. Recently there has been an increase in emphasis on consumer protection. We have brought about improvements in standards here aided and assisted, as in this case by EEC-heightened consciousness in the area. Whenever innovations in the area are introduced there are those who actively seek to undermine them for their own unhelpful reasons. I have no doubt that commercial success dominates all the thinking of certain people who are not particularly motivated by the consumer's welfare and who would immediately seek loopholes in such legislation. Accordingly, I ask the Minister whether in the labelling or packaging of goods it will be any longer possible to utilise such expressions as "permitted preservatives included" or "colouring included" or "flavouring included"—remarks which have the appearance of giving an insight into the calibre and quality of the goods but which in fact only deceive.

I have noticed an increasing number of ordinary household goods which either have these nebulous or meaningless expressions on them or have nothing at all, especially as regards quantity. I hope that when this legislation is enacted it will be obligatory to include on such packages, not just generalisations like "permitted preservatives" but precise information whether in regard to chemicals or natural foods or whatever is involved. People are entitled to full and explicit knowledge in all these respects and it would be helpful if the Minister would confirm that this is the aim of the Bill because there is growing concern, some of it scientifically supported, about what are called junk foods. I am glad to see this heightening of awareness about the need to protect the consumer. Also, the onus will now shift to where it should rightly be, on the manufactures of goods. Until recently, retailers who could not reasonably be expected to have an analysis of each commodity they sold were liable to prosecution on the basis of the contents of such products. I remember a man who was fined £20 or £21 for selling a bar of chocolate which contained a worm. I trust that liability for worm-infested chocolate—I hope that this was exceptional, that there is not much of it on the market—would rest where it should rightly rest, on the manufacturer.

In passing, I should like to pay tribute to retail organisations, particularly RGDATA which for many years has pressed this point home. It is getting a response here. However, let us not be deceived by the idea that by introducing some compulsory obligation on manufacturers to put a reference to the contents on the packets we may be doing all that is necessary. We should ask them to spell this out. The sort of generalisations with which housewives are sometimes confronted are meaningless or even deceitful in some cases— perhaps not deliberately so but by omission they are. When young children today are eating an enormous amount of trashy food, junk food, processed food—there is a distinction—in increasing volume there is real point in a Bill such as this and in ensuring that its terms and implications are as clearly stated as possible. I have no doubt that all responsible manufacturers will respond heartily to such promptings.

I think this will benefit the Irish manufacturer particularly because of the tradition of good food and natural care for high standards in these areas that exists in that industry. There should be no hesitation or reluctance on their part in complying with the Bill and I am sure there will not be. It is very important that such legislation should make it obligatory to spell out in detail percentages and the exact nature of all elements in such food so that a housewife can make valid assessments of what she purchases. Regulations regarding the size of print and perhaps the colouring of packets and so on are also imperative so that there would be no diminution of the effect of the Bill.

Retailing today is a science and not a hit or miss game. In parts of the supermarket industry experiments are carried out on the effect of colour, size, placement and positioning in supermarkets of various goods. These experiments are understandably designed to elicit a finding which would aid the marketing people to make the maximum impact in sales. The housewife is in a much inferior position in combating that scientific approach. She has nothing to lean on but the parliament which represents her and the support of legislation such as this and similar legislation already enacted. Let us make sure that if and when this Bill becomes law it is meaningful, genuinely explicit, comprehensive and legible and, above all, that it is policed rigorously—not with a view to harassment or intimidation but to ensure that we mean business when we talk about protecting the housewife. Marketing of foods is a very skilled business today and I think one which obliges us to assist the housewife in dealing with the marketing skills involved.

May I draw the Minister's attention to the possibility of considering—perhaps not in this Bill but in separate legislation—the promotional activities of advertising agencies in this regard? I have found it anomalous, to say the least, that a retailer selling a sealed package can be prosecuted and fined because of its contents when common-sense and reason indicate that he or she could not be aware of what the package contains while the advertising agencies—good luck to them in so far as they are successful—quite glibly and aggressively market products in a way which in many cases exaggerates their benefits, where there is no legal code operating and where in no case of these three dozen or so advertising agencies in this country is there any analysis or examination of the goods so marked. Therefore, we must have consistency if we are going to get into the area of consumer protection, which is an obligation on all of us. Accordingly, I ask the Minister if he will be kind enough to refer to the one or two questions which I have put to him. I wish him every success in his new capacity and also in this Bill which sets out to assist the housewife today in the many challenges which face her in her daily choice of shopping.

I thank the Deputies for their kind welcome to me on this the first occasion on which I have the task of presenting a Bill to the House. I thank them also for their general welcome of the Bill and their comments on the proposals. I will endeavour as far as possible to cover the points raised in their contributions and if there is anything I can do to help in any way I will be glad to do so.

First I propose to address myself to the question raised by Deputy O'Toole and Deputy Bruton of markings on packages. A request was made for a standardised form of marking. This is provided for in the EEC directives which describe the size and shape of the e-mark, the size of figures to be used in the marking of quantity and the units of weight and volume to be used. These details will be reproduced in regulations to be made under the Bill. All markings will be required to be easily legible without opening the package and should be of considerable assistance to the consumer.

In so far as markings are concerned, this Bill deals only with the marking of quantity and the identification of the packer or importer. Other markings of the nature of trade descriptions—a matter referred to by Deputies Briscoe, Enright, Lemass and Keating—are controlled by the requirements of the Merchandise Marks Acts, 1887 to 1978, while matters such at date and price marking and ingredient listing will be subject to control under EEC directives on food labelling and unit pricing recently issued in Brussels, and in due course we will be proceeding on that.

Not in this Bill?

Not in this Bill. These are new directives issued only recently from Brussels and we will be taking them up and making them into our own law here in the future. Indirectly this brings me to the question of product liability raised by Deputy O'Toole. The provisions of this Bill are designed to control filling processes and quantity rather than quality—this is a point I want to emphasise—and as such do not extend to product liability. However, I assure the Deputy that his point has been noted and will be borne in mind for consideration in the context of later legislation.

Mention was made by some Deputies of the question of penalties and general enforcement procedures. While I agree with Deputy Quinn that the maximum penalties are rather stiff, I emphasise that it would be necessary to prosecute only in the case of deliberate or habitual failure to comply with the requirements of the Bill and that the factory inspectorate which will be specially constituted and trained for the task not only will operate a control function but will also be available to assist and advise packers encountering genuine problems. This is very important.

On the question of introducing stiffer penalties for habitual offenders, I am of the view that the powers of the inspectorate in relation, for example, to the seizure of goods combined with the cumulative impact by way of penalties which a series of prosecutions would give rise to are adequate safeguards. It is my earnest hope that the question of maximising penalties will not arise. At this stage I cannot estimate the final size of the inspectorate as these control procedures are an innovation not only in Ireland but in the European Community as a whole, but whatever manning levels are arrived at finally will be adequate for the task.

While the Bill as it stands provides for the appointment only of officers of the Minister as inspectors I propose to move an amendment at Committee Stage which would enable inspectors of weights and measures, who at present are not officers of the Minister, to be appointed. I understand that some of the weights and measures inspectors are interested in undertaking work under the Bill. The experience which such inspectors have had in the enforcement of weights and measures and merchandise marks law could be very valuable in getting the new inspectorate on its feet and we would not wish to preclude the possibility of such appointment.

A further point of concern was the derogation clause. While the outside limit of derogation laid down in the Bill is 31 December 1985, it is expected that the majority of temporary derogations from the Act will be for periods of months rather than years. They will be granted primarily to enable packers to use up existing stocks of labels and containers. Derogations may however be granted, in exceptional circumstances, for longer periods and for other requirements of the Bill—for example the requirement to use approved equipment or to make checks at prescribed periods.

I assure the House that all applications will be considered on their merits and, if granted, it is my intention that they will be subject to a precondition that packages temporarily exempted will comply with the present law in regard to marking and quantity of contents. I dare say that the Deputies and everybody know that these laws are strict at the moment, and rightly so.

I should explain that the reason for having a derogation clause at all is to enable the Act to be brought into operation within a reasonably short period after its enactment, thus facilitating those manufacturers who are already in a position to comply with its requirements and who feel that their competitiveness, particularly on export markets, is affected adversely by the present requirement to pack to the minimum rather than the average. The fact that we have included this provision will prove that the Bill is not, as suggested by Deputy Bruton, merely an exercise in bureaucracy but is of real interest and value to manufacturers and consumers.

I will attempt to deal with other points raised by the Deputies. I say to Deputy Bruton, who discussed various matters, that the Bill itself and the EEC legislation with which the Bill is concerned apply to packages of a certain weight or volume. They are defined in the directive which I read out earlier, but this Bill is all-embracing. It enables the provisions of the EEC legislation to be applied to all prepacked goods. Deputy Bruton also inquired why we should not use the Consumer Information Act, 1978. While there are provisions in that Act relating to the declaration of contents of packages, they were not designed to deal with the implementation of complex EEC directives such as we have here and for drafting reasons a separate Bill was necessary.

Deputy Enright was worried about the legislation. He said that a committee of the House should be appointed to discuss it, that it was hard to get the views of the people, and so on. I say to him that Bills such as he mentioned can be referred to the Oireachtas Joint Committee on the Secondary Legislation of the European Communities. When the EEC Directives came in the Minister appointed a consultative committee to advise him and that committee was composed of people right across the board representing all sections of society. That committee can be reconvened at any time if required.

I am not clear on that. Would the Minister elaborate? Of whom does the committee consist?

When the question of implementing the EEC directives arose the Minister established a consultative committee representative of the Department, the weights and measures inspectorate, the Institute for Industrial Research and Standards, the Confederation of Irish Industry, the Irish Packaging Institute, the Pharmaceutical, Chemical and Allied Industry Association, the Federation of Trade Associations, RGDATA, An Bord Bainne, the Irish Quality Control Association, the Irish Glass Bottle Company, Arthur Guinness and Son and the National Consumer Advisory Council. The committee covered a wide spectrum of Irish society who would be interested in all matters. It would not be difficult to reconvene the committee to consider any future legislation.

Perhaps the Minister will inform me on Committee Stage the number of times that committee met.

The Deputy is completely out of order. We permit brief questions when the Minister has concluded but not during the course of his final remarks.

I should like to tell the Deputy that that committee issued a report without a minority report. They were in general agreement. The Deputy referred to the position which will arise if people ask him to refer a problem to the IIRS. As the Deputy is aware that body is concerned more about technical matters, but the local weights and measures inspectorate will weigh a package on request by a consumer. There is no need to send such a package to the IIRS. I agree with the Deputy's comments in relation to dangerous substances but that is more a matter for the Department of Health. Such matters could not be incorporated under this Bill. The Health Education Bureau have done a lot of work in this area through television and newspaper advertisements. They have warned people about dangerous substances and what to do with packages that are half-used. In my view those who throw away half-used packages of poisonous substances lack civic spirit and are guilty of a criminal act.

The question raised by the Deputy in relation to the sale of turf is a weights and measures matter. If the turf is in a sealed bag it comes under the terms of the Bill but the sale of turf in open bags is not covered.

According to the Bill a container includes a bag, a bottle, a box, a carton or an envelope.

The package must be sealed to be subject to this legislation. Another Bill will be introduced later to deal with weights and measures and what the Deputy has stated will be covered in that. Deputy Enright asked what was meant by the word "packer". I will be seeking legal advice on that matter and I will communicate with the Deputy. It is not the intention of the Bill to make the worker liable. If there is any contravention of an order we want the businessman brought to court so that the matter can be set right. It was never our intention to involve the worker on the shop floor. The matter will be investigated so that the word will not be misinterpreted in the future.

Deputy Enright also dealt with the presentation of our goods abroad. I will bring his comments to the attention of CTT. A question was raised about goods that lose weight after packaging. Such goods always create a problem. A packager will be expected to put sufficient goods into a package to ensure that the package does not become so light as to be inadequate but he will only be expected to ensure that the average weight and number of an unstandard package remains correct for seven days. It is proposed to provide in regulations for goods that lose weight after packaging.

Deputy Lemass mentioned the provision of goods in small quantities. That is an opportunity which firms might take up to their advantage. I accept that those who live alone, old age pensioners and those on a set income do not want to buy large quantities of goods. In this competitive world it is difficult to see how it would be possible to introduce a law to implement her suggestion. However, I will have the matter considered. Many Deputies mentioned the fact that foreign language appears on a lot of goods sold here but I should like to remind Members that we are supposed to be involved in a "Buy Irish Campaign". However, other Bills will be introduced in the near future to deal with such matters. Deputy Lemass was also concerned about litter outside shops and on our streets, but that is a hygiene matter which should be taken up with the Departments of Health, the Environment and Education.

Deputies were concerned about disposal of cans and recycling. A lot of study is being carried out in relation to those matters at present. Many nations are concerned with the disposal of waste and whether it is possible to recycle it. The Department are keeping abreast of progress elsewhere in relation to this.

I have covered most of the points raised by Deputies, I commend the Bill to the House and thank those who contributed.

Question put and agreed to.
Committee Stage ordered for Tuesday, 6 May 1980.
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