Seanad Éireann debate -
Thursday, 13 Dec 1984

Vol. 106 No. 8

Registration of Potato Growers and Potato Packers Bill, 1984: Committee and Final Stages.

Section 1 agreed to.

SECTION 2.

Question proposed: "That section 2 stand part of the Bill".

Mr. T. Hussey

In relation to section 2 subsection (1) states:

The Minister shall establish and maintain a register of growers of potatoes and packers of potatoes to be known as the register of potato growers and potato packers and be referred to in the Act as the register.

I would like to ask the Minister if this register can be inspected and, if so, where? Are there qualifications required in order to get on the register? When I ask that question I am thinking about people who are not farmers at all and who have been growing substantial acreage of potatoes over the last number of years: professional people such as teachers, members of the Garda. I have known quite a number of those people who have in the past grown large acreages of potatoes. Can they be included on the register? Is there anything to stop them being included on the register or are there any requirements that state that those people included in the register should be farmers only?

Mr. Hegarty

Of course, like any register, there will be a certain amount of discretionary information that would not be available but by and large the register will be available in our Department. We will have to go into details in regard to some confidential matters that we may not wish to release.

With regard to Senator Hussey's other point, yes, of course, anybody who grows potatoes for sale whether it is a part-time operation or a full-time occupation, will have to register. This is the important thing: the people who are currently selling potatoes on roadside trailers and so on will also be registered and their potatoes will have to carry the registration.

Mr. T. Hussey

There will be no restriction on part-time farmers?

Mr. Hegarty

No.

Mr. T. Hussey

In regard to (b) how was this £15 fee arrived at?

Mr. Hegarty

It was not an arbitrary figure anyway. We agonised long and hard about it. It was the minimum needed to cover the building of the register, just barely cover the cost.

Mr. T. Hussey

Would it not be advisable to have some little surplus there? I do not know how the Minister would arrive at this situation. Would it not be advisable to have some little surplus fund available, say, for advertising or something like that? Perhaps growers could be asked to make a contribution to some fund. Would that be advisable?

Mr. Hegarty

Not for us, because you must bear in mind that the whole marketing would be taken over by the co-operatives. We are merely concerning ourselves in this Bill with the actual registration fee. The co-operatives will be imposing their own charges on their own members.

Mr. T. Hussey

The co-operatives will be entitled to impose charges after that?

Mr. Hegarty

Absolutely.

Question put and agreed to.

Sections 3 to 6, inclusive, agreed to.

SECTION 7.

Question proposed: "That section 7 stand part of the Bill".

Mr. Durcan

On section 7, I am wondering about the powers which the section confers on authorised officers. The powers which this section confers seem to be somewhat similar to the powers which the Fisheries (Consolidation) Act, 1959, and the Fisheries Act, 1980, confer upon authorised officers. Specifically excluded under that legislation is the right of an authorised person to enter upon somebody's garden or the curtilage of a dwelling house. If this section is enacted as specified here an authorised officer will have the right to go anywhere where he reasonably believes the potato is grown. Am I not right in thinking therefore that he will have the right to enter upon anybody's garden or the curtilage of anybody's dwelling house? This section gives tremendous powers which will make the dwelling house and the private property of any individual, which up to now was regarded as sacrosanct, open to the possibility that an authorised officer, warrant in one hand, can march in to inspect it. If I am correct in assuming that to be a reasonable construction, then it is regrettable. If I am right in saying so, then my analogy with the fisheries Acts is a reasonable one. Under that legislation a bailiff cannot go for inspective purposes into somebody's garden or immediately around their private house. Perhaps I have misunderstood the section as it stands but if not I would be very worried about this power.

Mr. Hegarty

It is quite reasonable that officers can enter land in which we believe the potatoes are grown and packed for sale. There is nothing unusual or sinister about it. Our officers are concerned that the packaging complies not only with this regulation but with the food standards regulations. The procedure is in existence already. Officers freely go onto packaging stations, in the markets for instance. We have to do this in order to ensure that the job is being done properly.

Mr. Durcan

I appreciate that. We can speak of packaging stations on the one hand but surely in the case of the individual who may be selling in a minor way it leaves his garden open to this kind of inspection.

Mr. Hegarty

If he registers and if he is growing the potatoes for sale in the garden, then by all means we have to have a look at the garden.

Question put and agreed to.

Sections 8 to 11, inclusive, agreed to.

Title agreed to.

Bill reported without amendment and received for final consideration.

Question proposed: "That the Bill do now pass".

Mr. T. Hussey

The Minister in his statement yesterday mentioned that the country of origin would be stamped on the package. Could the Minister give the house some assurance in relation to that? It would be very necessary, since we have such restrictions and requirements in relation to the packing of potatoes in this country, that the same criteria would apply to imports.

Mr. Hegarty

In the run up to the Bill in the Dáil I had some discussions with my colleagues in the Opposition and my own party and there was some concern expressed, especially by Members from the Border counties. It is a problem that is peculiar to that area. We can cope with it but not under this Bill. I am optimistic that we will be able to do this under the Food Standards Act, 1974 to which I have referred already. It should be possible to include the country of origin. Potatoes coming down here in bulk from the North could be packaged here under an Irish brand and the housewife would be deluded into thinking that she was buying Irish potatoes. There is merit behind the suggestion and I am optimistic that we will be able to sort that out.

Question put and agreed to.