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Programme for Government

Dáil Éireann Debate, Thursday - 21 October 2021

Thursday, 21 October 2021

Questions (18)

Jackie Cahill

Question:

18. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine his plans for establishing a food ombudsman’s office; and if he will make a statement on the matter. [51685/21]

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Written answers

The Deputy will be aware that the commitment in the Programme for Government is that a new National Food Ombudsman will enforce the UTP Directive and will have a role in analysing and reporting on price and market data in Ireland. The establishment of such an Office requires primary legislation. 

The Deputy will also be aware that Directive 2019/633, dealing with Unfair Trading Practices in the agricultural and food supply chain and which involves the establishment of an Enforcement Authority, was required to be transposed into national law by 1st May 2021. 

It was not possible to enact the primary legislation before the May transposition deadline so, as an interim measure, I am happy to advise the Deputy that, in April this year, ahead of that deadline, I signed Statutory Instrument No. 198 of 2021 to transpose the Directive directly into Irish law. 

I also established the UTP Enforcement Authority in my Department pending the finalisation of the primary legislation being prepared to establish the new Office. However, I want to assure the Deputy that the Enforcement Authority has been assigned all of the necessary legal powers to investigate complaints from suppliers, including primary producers, to carry out investigations on its own initiative, and to initiate legal proceedings for breaches of the Unfair Trading Practices defined in the Directive. 

The Enforcement Authority will shortly be undertaking an awareness-raising campaign on the UTP Regulations and will be engaging with relevant stakeholders in the agricultural and food products supply chain.

In regard to the plans for establishing the new Office of Food Ombudsman or equivalent, the General Scheme of the Bill for the primary legislation is currently being prepared. As part of those preparations, consideration is being given to the submissions made in response to the public consultation held by my Department earlier this year, and also whether the provisions of the UTP Directive need to be extended. 

Once the primary legislation is finalised and the new Office is established, the Enforcement Authority functions will transfer to the new Office in line with the commitment in the Programme for Government. In the meantime, it is open to suppliers to engage with the Enforcement Authority on any concerns they may have in relation to unfair trading practices.

Increasing transparency all along the food chain is something that I believe is very important to help strengthen the position of farmers, fishers and food businesses. The legislation will provide that the new Office of the Food Ombudsman or equivalent will have a specific role in analysing and reporting on price and market data in Ireland in line with the Programme for Government commitment. 

I intend that the new Office will build on the work already done on market transparency, including the market transparency studies commissioned by my Department as part of the work of the Beef Taskforce, which have been completed and published on gov.ie.

I also assure you, Deputy, that I am fully committed to ensuring that the Programme for Government commitment is implemented as quickly as possible and I am pleased to say that, as announced in the details of Budget 2022, €4 million has been provided in the estimates for the establishment of the new Office. 

I believe that the new Regulations I introduced in April are a significant step in progressing towards a more even playing field for our agricultural and food suppliers, providing them with a service that they can avail of with regard to unfair trading practices.

I am committed to progressing work in this area in order to bring much-needed transparency to the sector.

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