Táimse ag iarraidh ar an Seanad glacadh leis an mBille seo chun go mbeadh sé ar chumas an Stáit seo glacadh go foirmiúil le dhá Chomhaontaithe maidir le hiom-par feola, táirgí déiríochta, éisc agus earraí bia meatacha eile ar talamh ó aon tír go haon tír eile san limistéar ollmhór idir Tuaisceart na hEorpa, láimh leis an gCiorcal Artach, agus cósta na hAifrice Thuaidh. 'Sé sainchuspóir na gComhaontaithe sin ná cuidiú le fás agus borradh i dtrádáil idirnáisiúnta bia — má chomhlíontár na caighdeáin iompair agus trealaimh atá leagtha síos 'sna Comhaontaithe ní chuirfear aon bhac ar iompar idirnáisiúnta de'n chineál sin.
Cuireadh téacs na gComhaontaithe faoi bhráid Tithe an Oireachtais agus tá glactha leis an téacs ag Dáil Éireann go foirmiúil tré Rún speisialta a ritheadh faoi Airteagal Fiche Naoi de'n Bhunreacht.
This Bill provides the necessary framework for implementing ATP — the Agreement on the International Carriage of Perishable Foodstuffs and on the Special Equipment to be Used for such Carriage — and a multilateral agreement under Article Seven of ATP concerning carriage to and from Italy, in the seven months, April to October, each year in vehicles with side walls of a thickness not less than 45 millimetres. The text of both agreements was laid before both Houses of the Oireachtas on 15 October 1987 and Dáil Éireann formally approved their terms as required by Article 29.5 of the Constitution because they would involve a charge on public funds through their implementation and enforcement.
The Bill enables the Minister for Tourism and Transport to make regulations from time to time to apply the detailed technical requirements of the agreements as regards standards for transport equipment and operating conditions for the international carriage of perishable foodstuffs, as such requirements are developing in line with developments in food and equipment technologies. Such regulations will be devised in close consultation with the other Departments and other interests concerned and will be laid before both Houses of the Oireachtas which will have power — under section 14 of the Bill — to annul the regulations if they should consider it necessary to do so.
The Bill also makes appropriate provision for enforcement, as specifically required by the agreements and as was recommended by the Transport Consultative Commission in its 1981 report on Road Freight Haulage.
Neither the Bill nor the regulations to be made under it are intended to increase costs for Irish hauliers or producers. No disruption of proper export activity should arise from enforcement activity under the Bill. I can assure the Seanad that enforcement activity will be cost-effective and I will be making every effort, in consultation with the other enforcement agencies concerned, to avail as far as possible of existing inspection arrangements in relation to perishable foodstuffs.
Thus, the Bill may be summarised as providing the necessary legal basis for the examination or testing of transport equipment for compliance with ATP requirements and any special further requirements of any multilateral agreement under Article Seven of ATP, and for the certification of equipment complying with those requirements, and for effective enforcement. The comprehensive Explanatory and Financial Memorandum gives a detailed commentary on the provisions of the Bill as well as the general background to it.
As regards accession to ATP, Article Eleven of ATP provides that accession by a state to ATP will not take place until one year has elapsed after that state has deposited its instrument of accession with the United Nations, which is the parent body of the Economic Commission for Europe which launched ATP and is charged with its monitoring and development. Enactment of the Bill is all that remains to be done now to enable Ireland to deposit its instrument of accession, since the terms of the agreement and of the Bill have already been approved by Dáil Éireann.
Ireland must first become an ATP contracting state before it can accede to the multilateral agreement concerning carriage in thin-walled vehicles to and from Italy which came into force on 18 June 1987. The terms of that agreement have also been approved by Dáil Éireann and the Bill is so framed as to enable Ireland to implement the detailed requirements of that agreement, and any other muti-lateral agreement which may arise under ATP, as well as the detailed requirements of ATP itself.
Early Seanad approval of the Bill and its enactment would, therefore, enable Ireland to accede to both ATP and the Italian Multilateral Agreement in just a year from now.
In the meantime Ireland will continue present administrative arrangements for implementing both agreements, but will be making the necessary preparations to have any required revised arrangements ready for putting in place at latest when Ireland's accession to ATP and the multilateral agreement takes effect. My intention is to have the necessary regulations made as soon as possible under the Bill when enacted, and well in advance of their operative date, so that all concerned will be fully aware of the statutory requirements and have sufficient time to prepare for compliance therewith. The Bill enables such regulations to be made as required — they would only come into force on the day on which the Bill as a whole would become operative in consequence of a ministerial order under section 1 of the Bill.
While I am, indeed, pleased to inform the House that, so far, no problems have been encountered under the present administrative arrangements and that no problems are envisaged pending Ireland's accession to the agreements — hopefully in a year's time — I must caution against any complacency in the matter by either hauliers or producers. Without legislation Irish certificates of compliance are potentially open to challenge by any one of the other 20 European states which are ATP contracting states, with consequential risk of hauliers being delayed or refused entry at international frontiers. It is clearly in the national interest that the necessary legislation be in place at the earliest possible date. Ireland, Greece and Portugal are the only EC states which have not yet acceded to ATP. I understand that both Greece and Portugal are now moving towards accession and, therefore, Ireland should not delay its accession. More importantly, accession will enable Ireland to be fully involved in monitoring the operation of ATP by the other ATP contracting states and in developing ATP.
As I mentioned in my opening remarks, ATP is designed to increase international trade in perishable foodstuffs by freeing international carriage from local requirements where that carriage is subject to, and is in conformity with, ATP requirements. The House and all others concerned must note, therefore, that carriage which is not within the scope of ATP may be subject to special local requirements, perhaps more stringent than ATP ones. In other words, ATP-type requirements, or more stringent ones, may be imposed by ATP contracting states for domestic policy reasons on international or other carriage of perishable foodstuffs into or through their territories where the carriage is, strictly speaking, outside the scope of ATP itself — for example, carriage of foodstuffs within one state only after a sea journey of 150 kilometres or more from another state; international carriage by containers without transloading of the foodstuffs before or after a sea journey of 150 kilometres or more between states.
My message to hauliers is that they should be fully aware of any such local requirements for carriage outside ATP if they are not to be unnecessarily delayed at frontiers or refused entry, with consequential severe cost penalties, including, perhaps, loss of export business.
This brings me to the vital economic policy objective of the Bill, namely, to give a timely fillip to the maintenance of high standards in the carriage of Irish perishable foodstuffs and help to sustain and enhance the reputation of Irish foodstuffs in foreign markets.
Our exports must be maximised in order to regenerate the national economy by providing worthwhile new employment opportunities for our people. Not only do we need to safeguard our existing exports of perishable foodstuffs, already exceeding £1,000 million a year, but we need to increase them substantially. That will only be possible if all concerned endeavour to ensure that foodstuffs reach the market place in the top condition and time which the customers require. Obviously, there must be no shortfall in quality of foodstuffs at loading but from then on the quality of the carriage arrangements is crucial, especially for long international journeys. If Irish hauliers maintain their equipment to the best standards they can help to maximise exports and secure new international business, as well as serving the home market, where quality is no less important.
Having received complaints about the off-condition of Irish perishable foodstuffs on arrival in export markets, particularly meat, the Transport Consulative Commission, in its 1981 report on Road Freight Haulage, recommended that the State should accede to ATP as soon as possible and effectively enforce it in order to ensure that Irish refrigerated vehicles are maintained to internationally acceptable standards and that they are not delayed or refused admission at frontiers. It is earnestly to be hoped that Irish international hauliers have fully taken the Commission's message to heart, a message which a few months ago the Minister had the opportunity to reconvey to many of them at the annual general meeting of a representative body of theirs.
The Bill, providing as it does for the implementation of ATP by the State, serves as a reminder to hauliers to operate to acceptable standards internationally — and indeed nationally — and I, therefore, commend it to the House.
