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Dáil Éireann debate -
Tuesday, 18 Feb 1997

Vol. 475 No. 1

Priority Questions. - Food Safety Authority.

Liz O'Donnell

Question:

17 Ms O'Donnell asked the Minister for Health the progress, if any, which has been made on the employment of staff for the food safety board; the budget allocated to allow it carry out its functions; and if he will make a statement on the matter. [4510/97]

(Limerick East): As is the case with semi-State bodies generally, day to day matters relating to the recruitment and employment of staff by the Food Safety Authority will be an executive function of that body and not a matter in which I, as Minister, have a direct function. I assure the Deputy that the legislation being drafted by my Department provides that the authority will have a complement of staff — technical, professional and administrative — reflecting the range of disciplines relevant to the areas in which the authority will have competence. The authority will also have the capacity to engage consultants and or contract out work, if appropriate.

As regards its progress on recruitment, I understand the interim board, which I appointed in November pending enactment of the legislation, has recruited two staff on a temporary, contract basis — a part-time acting chief executive and a secretary. The post of full-time chief executive of the authority has been advertised by the interim board in the news media and interviews for the position have taken place. The authority will undertake recruitment to other positions at a later date. With regard to funding for the authority. I refer the Deputy to my speech to the House during the budget debate in which I indicated that provision of £1.5 million is being made for the board to enable it to carry out its work programme for 1997.

I assure Deputies that the Government is fully committed to processing the legislation on this matter and it is at an advanced stage in my Department. I have already announced the functions of the authority, which are broadly fourfold. First, the authority will be charged with identifying and, where necessary, having supplemented, the legally binding standards and criteria relevant to food safety and hygiene and to have these published and recognised as enforceable by the authority. Second, it will carry out audits and other related inspections to determine the effectiveness of the systems and the level of enforcement and compliance by the primary control agencies with the recognised, legally binding standards. It will publish reports of such audits and inspections. Third, the authority, in subsuming the role and functions of the current Food Safety Advisory Board, will act as a major source of advice to me and to other Ministers on food safety and other matters relating to food. Finally, it is envisaged that the authority will carry out a range of other functions relating to data collection, research and the co-ordination of services.

The board of the authority will be, essentially, a management board which will be responsible for the performance of the functions of the authority. The board will appoint a scientific committee — a body of experts with qualifications and experience in the various fields relevant to matters of food safety and hygiene. The primary function of the scientific committee will be to advise the board on the scientific and technical aspects of food related questions. The existence of the scientific committee and the importance which will attach to it in the legislation will ensure that decisions of the board on matters of food safety and hygiene are underpinned by a sound scientific basis.

To carry out its functions, in particular, its audits and inspections, the authority and its staff will be given extensive powers, including powers of entry, powers to take samples and seize documents and powers to close premises and to order the withdrawal of products. The authority will also have extensive powers of prosecution both in relation to deficiencies which it identifies during its audits and for obstruction in carrying out its duties.

These comprehensive proposals will meet the demand for a body sufficiently independent and powerful to verify the standards of good practice throughout the food industry in the area of food safety and hygiene. As framed, the proposals allow for maximum flexibility and ensure that within the precepts of public accountability, the authority will be independent in the discharge of its functions.

I note the absence of urgency from the Minister's reply. Will he agree his announcement to establish a food safety board, almost four months ago, was in response to urgent public concerns as to the quality and safety of food? The public is not being unreasonable in requiring action in this regard so that it has an authoritative independent voice to reassure it of the quality of Irish food. Will the Minister agree, in the light of the continuing food scares, about which we read in the press daily — BSE and the latest involving chickens — some of which are unwarranted, the public needs an authoritative independent voice rather than to hear from the industry or the Department of Agriculture, Food and Forestry? Will he agree he needs to inject a greater degree of urgency in his Department in respect of the establishment of this board because the public is waiting for it.

(Limerick East): I assure the Deputy there is no lack of urgency. The reason the Government, on my recommendation, decided to set up the board on a non-statutory basis was to ensure no time would be lost while waiting for legislation, that the board would be in situ and making the necessary arrangements. It is making the necessary arrangements. The first step for any board in taking action, apart from doing its preparatory work, is to advertise for a chief executive. It is now in a position to conduct interviews. On the legislative side, it has been given top priority in the Department of Health and has been prioritised by the Government. I hope within a week or two the heads of the Bill will be with the draftsman's office for drafting as a matter of priority. I agree with the Deputy this is a matter of fundamental importance and of great urgency. It should stop us all in our tracks that the two issues concentrating the minds of all of us in the past couple of weeks are the issues of food and water.

I realise the board is established on a non-statutory basis. I have been living in Ireland for the past few months and I am unaware of strong statements — or any statements — being issued by any independent source to reassure the public about a series of food scares. The public is impatient about the matter of food scares and is waiting for reassurance.

On a separate but related matter the Minister will be aware of a 14 month old dispute between his Department and environmental health officers. All our modern legislation on the inspection of food outlets, food in nursing homes and fast food outlets is not being enforced because of this dispute. Will the Minister give an assurance that dispute will be brought to an end so that some regulatory activity is brought to bear on the sale of food because of the diminishing confidence of the public in the quality of food?

An Leas-Cheann Comhairle

That would appear to be an extension of the question.

(Limerick East): Significant progress has been made in that dispute and I hope it can be resolved at an early date. In respect of the general supplementary, I do not envisage the food authority making strong statements. Talk is cheap, what we need is enforcement. It will operate, under statute, as follows: the food authority will compile all the criteria and standards which are scattered over a multiplicity of Departments and agencies, some of which originated in the House and some in the EU, and examine, complement and amend any inadequacies; it will have power to audit the agencies which have responsibility for applying those standards. If it finds discrepancies in the audits it will report back — it is almost analogous to the function carried out by the Comptroller and Auditor General — and publish the reports. If in the course of an audit it discovers a lacuna it can move immediately to address it and take on to itself the enforcement powers of the agencies and prosecute a company or individual. If a food issue arises, which is a matter of grave public concern, it can go in over the head of the relevant authority whether in the Department of the Marine, the local authority, the Department of Agriculture, Food and Forestry or the health board and examine in situ beyond the farm gate to ensure fire brigade action can be taken. While it will proceed on an agreed plan in the generality of its work, it will have also the power to investigate the difficult situation which may arise and would require immediate action. I will bring legislation into the Dáil which, apart from the normal considerations of accountability, will provide for the independence of the authority in the exercise of its functions. This is urgent so far as I am concerned. The work in my Department is complete. I hope the heads of a Bill will be cleared by Government in a couple of weeks at the latest and it will receive priority for drafting purposes. I will come back into the House with it at the earliest possible date.

An Leas-Cheann Comhairle

I will take a brief question from the Deputy. I want to proceed to other Deputies' questions.

I note the Minister makes the case that the food authority will have an administrative role in investigating and checking on matters which are of concern. Will he accept the major need of the public to turn to some agency of the State for an independent, uncompromised statement on the safety of any food at any time in the event of a scare? Will he agree it was anticipated this role would be attached to the Food Safety Authority? It will not satisfy the public if the authority is to be mainly concerned with secret investigations or following back on the sources of possible contamination.

An Leas-Cheann Comhairle

That should be adequate, Deputy.

The public needs an independent authority to which it can turn for reassurance today.

An Leas-Cheann Comhairle

This is very long, Deputy. The Deputy has had a good innings on this question.

There is little opportunity to question the Minister on this matter which is a major issue of public concern. What about the traces of bonemeal banned from 1990 but found in samples of animal foodstuffs in 1996? What is the response of the Minister for Health to this recent revelation?

An Leas-Cheann Comhairle

This is going way beyond the scope of the question.

It is all about food safety.

(Limerick East): I share the Deputy's concern about food safety and the consumers' need for assurance on the safety of food. The best assurance I can give to the consumer is to establish an independent authority which will not only take the current standards, set down either domestically or in EU law, but update them, where necessary, and ensure they are enforced. Of course there are many other points which arise but I cannot be expected during Question Time to, in effect, take Committee Stage of the Food Safety Authority Bill which has not yet been presented to the House. I agree that this concern is shared by all sides of the House.

Deputy Noonan is the Minister, I cannot do it.

(Limerick East): I will consider the Deputy's Committee Stage amendments. I will not have a closed mind and if there is merit in the amendments I will include them in the Bill.

It will be a Private Members' Bill.

An Leas-Cheann Comhairle

We may take the two remaining priority questions as other questions.

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