Vol. 535 No. 3
6 Mr. Penrose asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will outline the ramifications of the product liability directive for the food industry and agricultural producers; the nature of the derogation negotiated in 1985 by Ireland and other countries from the application of this directive for agricultural producers which has now expired; and if she will make a statement on the matter. [9279/01]
Directive 85/374/EEC was implemented by the Liability for Defective Products Act, 1991. The main effect of the Act was to introduce into Irish law the principle of strict liability – no fault – on the producer, irrespective of whether there was negligence involved on the part of producers/manufacturers.
Last year we made the European Communities (Liability for Defective Products) (Amendment) Regulations, 2000 – S.I. No. 104 of 2000 – which implemented Directive 99/34/EC. That directive, among other things, discontinued the derogation in the original 1985 directive referred to by the Deputy. The effect of the earlier derogation was to remove agricultural producers and electricity producers from the scope of the 1985 directive. As I have stated earlier, the new regulations have discontinued that exemption.
Do I understand from what the Minister of State said that the derogation for agricultural producers ended in 2000? Does he see any immediate implications of that? Does he consider that the farming community is aware of the implications of this derogation? Has a case been taken against his Department in this area of product liability?
I presume that the farming community would be aware of this because this issue would have been discussed at European Parliament level and they would be fully aware of developments at that level. Clearly there are positive implications for consumers in the sense of that they would now have a right to compensation for harm caused by agricultural products or game.
My understanding is that there has not been a case to date, but I will check that and let the Deputy know if there has been such a case.
