Vol. 435 No. 9
17 Mr. Harte asked the Minister for Health the status of the recent report by the Food Safety Advisory Committee on the application of food hygiene regulations in respect of small food enterprises operating from domestic kitchens; and if he will make a statement on the matter.
119 Mr. Hogan asked the Minister for Health if he has satisfied himself with the procedures implemented in respect of the application of food hygiene regulations to small scale food enterprises operated from domestic kitchens; if his attention has been drawn to the concern of individuals at the attitude of the inspectors of his Department in respect of the implementation of these regulations; and if he will make a statement on the matter.
I propose to answer Questions Nos. 17 and 119 together. The Food Hygiene Regulations, 1950-1989, which are implemented by the health boards, are applicable to most food enterprises. The purpose of these regulations is to ensure that there is no danger to public health arising from the preparation and distribution of food from any source which is intended for sale to the public.
I am aware of concerns expressed regarding the application of the regulations to small scale food enterprises operating from domestic kitchens. The Food Safety Advisory Committee, an expert committee which advises the Minister for Health and the Minister for Agriculture, Food and Forestry on food matters generally, was asked to consider if the requirements for registration under the food hygiene regulations of food premises engaged in bona fide home baking for local markets were unduly restrictive. The committee has completed its report and I am at present considering its recommendations.
I thank the Minister of State for his reply. Is he in a position to put a time frame on the deliberations and whether the regulations will be introduced before the end of the year? Does he accept that what he is dealing with is the life blood of rural communities? No doubt the Minister is aware of the extreme hardship throughout rural Ireland because of the effects of the changes under the Common Agricultural Policy and the GATT to be agreed later this year. Precisely because of that, the income from the small enterprises is essential to many homesteads. Will he ensure that his Department does not place a heavy burden of licence fees, levies and certificate to operate? Will he reassure us that he will bear that in mind before coming to a final conclusion?
On the question of the time frame, I hope to be in a position to sign the regulations before Christmas. Deputy Flanagan will be aware of the background. We have had representations on behalf of small business operators that the food hygiene regulations were being implemented harshly. Deputy Flanagan was one of the many people who made representations and public statements on the matter. We have taken them to heart and have decided to introduce a more flexible regime for the smaller operators. I accept Deputy Flanagan's point that many people in rural Ireland are heavily dependent on the income from this source. The general registration fee under the food hygiene regulations is £200 at present. However, the Food Safety Advisory Committee has recommended a much smaller fee of £30 for what it terms a permit for these smaller operations. The amount has not finally been decided but it will be in or around that figure. We are also considering changes in the present system where a £200 fee is paid for general registration. The Food Safety Advisory Committee has suggested — I will put it no more strongly than that — that for enterprises below a certain size, where its premises is under 50 sq. metres, that the fee be reduced to £100.
To address Deputy Flanagan's general point, the Minister and I have instructed the environmental health officers to be as flexible as possible — we are not anti-entrepreneur — consistent with their responsibilities to assure the health and safety of the public is protected. There is a question of balance and in order to tilt the balance in favour of the small domestic operator, for whom Deputy Flanagan has made representations, we have decided to introduce a more flexible set of regulations so that the bureaucracy that applies to the bigger operators will no longer be applicable to the smaller operators. Nevertheless we will continue to take very seriously our responsibilities to maintain the health of the general public as we have an obligation in that regard.
I am pleased there will be more flexibility. Is the Minister of State aware that dozens of small enterprises have ceased production or shut it down almost completely with the consequent loss of part-time jobs in rural areas as a result of the over-zealous implementation of the food hygiene regulations? Does he concede that it appears the Department of Health is in conflict with the Department of Agriculture, Food and Forestry in this regard? One Department is asking people in rural areas to develop small enterprises, yet the Department of Health is shutting down those businesses. What does the Minister intend to do to redress the loss of jobs?
There are many reasons that an enterprise closes down, quite apart from the attention of the Department of Health. I do not accept that the Department of Health has been over-zealous. The environmental health officers have bent over backwards to be as fair as possible. In case there is a misunderstanding of how the regulations operate in practice, let me confirm that the Department of Health does not close down any enterprise. The Department of Health has to take a case to the District Court and the judge makes the decision. It is a District Court decision to close the business. We have instructed the environmental health officers to be as reasonable as possible. We recognise that the general regime may be too bureaucratic for smaller operators and that is why we are about to introduce a more flexible regime tailored to the needs of those operators.
How many women are employed as inspectors to check small food enterprises? It has come to my attention that in certain instances a woman would be better able to assess whether the facilities in a small domestic kitchen are suitable for the enterprise.
Tut-tut.
The Deputy may tut-tut but it has been put to me that because some of the male inspectors are not used to domestic work and cooking they may not always be able to assess what is needed.
We are in the nineties.
How many inspectors are women?
That is a dreadful point.
Unfortunately, I do not have that figure but I will communicate it to the Deputy.
Would he accept there is none?
I take the Deputy's point but I do not accept that women are necessarily better than men to decide to what is best for the safety of the public.
I appreciate that the ministerial team is lifting the guillotine from the pound of country butter and the pot of country jam. We will still have brown bread. When imposing the regulations will the Minister ensure that common sense prevails?
Deputy Flanagan can be absolutely certain of that. Common sense has to prevail in this area and we will ensure that it does.
Are there plans to provide grant aid to help such small enterprises bring their premises up to the required standard, as complying with the regulations may impose an impossible financial burden on them? Has he considered the regulations from that viewpoint?
Grant aid is a question for another Department. We are concerned with food safety. I am aware that a cost is imposed when somebody has to meet certain safety standards. The regulations I am about to introduce will have the specific effect of reducing the burden on small domestic operators. That will be one of the specific results of that, but the question of grant aid is for another Department.
