Seanad Éireann debate -
Wednesday, 6 Nov 1996

Vol. 149 No. 4

Adjournment Matters. - Review of EU Regulations.

Mr. Byrne

I thank the Cathaoirleach for allowing me to raise this issue. I raised it previously in May 1995 when the scheme was not operating fully throughout the country and the Minister of State, Deputy Deenihan, responded.

I pointed out to the Minister of State that the scheme was costing the family butcher a great deal of money. Butchers in South Tipperary had carried out many expensive renovations to their premises and had purchased new equipment. As a result they were at a disadvantage because butchers in adjoining counties were not operating the scheme. Their expenses were low so they could sell meat more cheaply. The Minister of State graciously met a deputation from South Tipperary County Council last year in connection with this matter. The issue is now more serious. It is important that the scheme be implemented in full in every county in the interest of reassuring the public that our meat is of the highest standard and that inspections are carried out regularly in a proper manner.

The veterinary surgeons of Ireland held a conference recently. They pointed out that this Act was only being operated by a few counties, with some partly operating it. South Tipperary is the only county in the south which is operating the Act fully, at enormous expense. The veterinary profession expressed alarm that this situation should be allowed continue for so long. The bottom line is the cost of implementing it. Successive Governments, and my own party, were involved in introducing this Bill. They also introduced many regulations but local authorities must carry the can. Given the shortage of funds in local authorities, it is impossible to continue in this vein. It is important that where food, and particularly meat, is concerned, there should be no penny pinching.

Last year in South Tipperary there was a shortfall of £129,000 in the implementation of this scheme. We have a permanent and full time county veterinary officer, two full-time temporary vets and one part-time veterinary surgeon who are doing an excellent job. The members of South Tipperary County Council expressed concern that while they were implementing the law other counties were not. I heard recently that the Minister may be giving some funding to local authorities. I hope it is sufficient to fund the scheme because much has happened since last May when I raised this issue. It is urgent that the Act should operate nationally without any hiccups. Credit is due to the family butchers in the counties, including South Tipperary, operating the scheme, who have done so at enormous expense. The local authorities have carried the can in the last number of years. I hope the Minister has good news and will allocate sufficient funds.

A deputation met the Minister of State, Deputy Deenihan, and I understand that matters are in disarray. County managers are not challenged on why they are not implementing the scheme. I hope we will no longer have a lopsided implementation of the scheme. It is not only unfair to the counties but to those who purchase meat. Given the irregularities that have taken place, every county must implement the Act. We hope the Minister will make funding available to enable the Act to be implemented. It is alright to say the county manager is obliged to implement it but surely the Minister and his officials should see to it that this is done and that there is no more shilly-shallying. We must restore the confidence of consumers which has been undermined in recent months, particularly by certain sections of the media. That is the reason I raised this matter. I wait with great hope for the Minister's good news. I hope the funding given will be sufficient to cover the cost to local authorities.

Minister for Agriculture, Food and Forestry (Mr. Yates)

I am glad to have this opportunity afforded by Senator Byrne to discuss the Abbatoir Act, 1988, and the situation arising from it. I pay tribute to South Riding Tipperary County Council which has taken its obligations under this Act seriously and has put a permanent veterinary presence in place, which we are anxious to ensure is implemented on a uniform basis across the country.

The European Communities (Fees for Health Inspection and Control of Fresh Meat) Regulations, 1995, implements a number of European Union decisions and directives relating to standard rules for the collection of charges to cover the cost of providing meat hygiene supervision services. The principal measure is Directive EC 85/73 EEC, as amended. This sets down rules for the implementation of charges for the supervision of slaughter, cutting and boning, cold storage and product plant operation of beef, sheepmeat, pigmeat and poultry plants.

Section 44 of the Abattoir Act, 1988, prescribes the fees payable to local authorities by abattoir licence holders in respect of animals slaughtered at domestic abattoirs. The Act provides that the Minister may, by regulations, vary these fees. Since this enactment, the EU Directive was adopted extending the rules previously applicable to the production of meat at export plants to all meat produced in the Community including small domestic abattoirs. The EU set the standard fees in ECUs applicable in respect of all animals slaughtered. As EU law supersedes national law, regulations had to be introduced under the European Communities Act, 1972, to implement the Directive which amend charges previously applicable to premises licensed under the Agricultural Produce (Fresh Meat) Act, 1930, the Pigs and Bacon Act, 1935, and the Abattoirs Act, 1988.

The directive also includes a provision which allows member states to impose charges to recover the full cost of providing the veterinary inspection service to individual plants. A provision was, therefore, included in the national legislation for charging the real inspection cost rather than the standard fee to a licence holder.

Under section 35 of the Abattoirs Act the onus is on local authorities to carry out veterinary inspections of animals and meat in accordance with the Abattoirs Act, 1988, the Veterinary Examination Regulations, 1992, and the Abattoirs (Health Mark) Regulations, 1992, which implement EU legislation on the inspection of animals and meat.

The exemption of plants or abattoirs which are currently under local authority supervision would require an amendment not simply of national legislation but of EU Regulations. To secure such a change would require the support of the 15 member states concerned as well as that of the Commission of the European Union; a formidable undertaking. Even if such agreement could be obtained, I would be concerned that the change would lead to a competitive disadvantage for Irish meat export plants which might find their competitors in other member states operating at lower costs because of the different structure of the meat industry in certain countries where meat plants are the responsibility of local authorities.

There can be no relaxation on the inspections required under EU legislation. It is, therefore, at the discretion of the county managers whether or not to impose charges on licence holders which reflect the real cost of providing veterinary inspection service at individual abattoirs. That is the legal situation resulting from EU law.

The Abattoirs Act, 1988, provided for the setting of fees on a national basis. The purpose of this provision was to ensure that butchers' overhead costs would not be distorted by the application of different fee levels by individual local authorities. The butchers' representative associations sought, and very strongly supported, this provision. Their position on a standard national fee remains unchanged.

Local authorities have been experiencing severe problems in funding the cost of the local authority veterinary service in so far as it relates to meat inspection. One option would be for them to seek to recover the full cost but this would create very serious difficulties for smaller abattoirs and may indeed force closure of many such premises.

The Government is committed to having a uniform level of inspection of all meat intended for human consumption. In recognition of the difficulties which are being experienced, it is my intention to put in place, as a matter of urgency, interim arrangements which will involve an element of financial support from central funds. The exact mechanism for providing this assistance is in the process of being finalised.

The Government is concerned about the lack of uniformity in the implementation of the Abbatoir Act, 1988. It is unacceptable to my colleagues and me that we do not have the level of veterinary supervision we should have for all meat slaughtered and consumed in this country. This has been in the domain of the Minister for the Environment in conjunction with local authorities. We will now look urgently at the question of providing a national veterinary service. This will involve dialogue with the local authorities and industrial relations dialogue with veterinary officers of local authorities. We will also have to examine how departmental veterinary staff and the temporary veterinary inspectors can be pooled together so there will be uniform coverage. The Government has agreed to give extra resources but this may involve some increase in the national charge.

There is no quick fix solution to this problem. Tomorrow I will consult with officials from the Department of Finance, the Department of the Environment and my own Department to try to put a blueprint in place as soon as possible. While I cannot give specific figures—I know local authorities are preparing their estimates at this time — the Government is determined there will be uniform coverage. The export standard for meat processing for the domestic market should be as rigorous as that imposed for the export market. It is my intention to put that in place so that the service in Tipperary will be the same as that in the other 32 local authority areas.