Dáil Éireann Debate, Thursday - 20 May 2021
30. Deputy Rose Conway-Walsh asked the Minister for Agriculture, Food and the Marine if the office of the food ombudsman will be given statutory power to enforce the Competition Acts for the protection of primary food producers; and if he will make a statement on the matter. [27008/21]
View answerThe Deputy will be aware that competition law comes under the aegis of my colleague the Tánaiste and Minister for Enterprise, Trade and Employment and the agencies under his Department's remit. Notwithstanding the planned establishment of an Office of Food Ombudsman, competition law enforcement will remain a matter for the National Competition Authorities, and principally the Competition and Consumer Protection Commission.
However, as stated in the Programme for Government commitment, the National Food Ombudsman/Regulator will have responsibility for enforcing the Directive (EU) 2019/633 on Unfair Trading Practices in Business-to-Business Relationships in the Agricultural and Food Supply Chain, otherwise known as the UTP Directive. The protection of farmers and small-to-medium enterprises involved in the agri food sector is at the heart of the Common Agricultural Policy and the UTP Directive was adopted to give effect to that principle.
One of the key principles of the UTP Directive is to protect farmers and other weaker suppliers of agricultural and food products against stronger buyers. It aims to improve the position of farmers and small and medium sized businesses in the agricultural and food supply chain and prohibits certain specific unfair trading practices. Implementation of the Directive is under the remit of my Department.
I signed the Statutory Instrument transposing the UTP Directive into Irish law on 28th April. The SI, No.198 of 2021, known as the European Union (Unfair Trading Practices in the Agricultural and Food Supply Chain) Regulations, 2021, transposes the Directive into Irish law directly as it stands and will have effect from 1st July 2021. The transposition of the SI is a significant step in progressing towards a more even playing field for our agricultural producers and will provide statutory protection to primary food producers.
The next step is the establishment of the new Office of a National Food Ombudsman or Regulator, a key commitment in the Programme for Government. The establishment of the new Office requires the drafting of primary legislation. The new Office will have a role in analysing and reporting on price and market data in Ireland and will incorporate the Enforcement Authority functions required by the Unfair Trading Practices Directive. It is envisaged that the legislation will also provide for any further powers which may be given to the Office, including extending the rules set out in the UTP Regulations.
In that regard, I launched a public consultation in April to seek views on these issues from all stakeholders; the consultation will remain open until 26th May 2021 and I encourage all stakeholders to have their say as part of this process.
