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Dáil Éireann Debate, Thursday - 10 February 2022

Thursday, 10 February 2022

Questions (138)

Rose Conway-Walsh

Question:

138. Deputy Rose Conway-Walsh asked the Minister for Agriculture, Food and the Marine the number and determination of cases processed by the unfair trading practices unit within his Department; the number on non-salary related expenditure; the amount of salary related expenditure to date; and if he will make a statement on the matter. [6940/22]

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Written answers

As the Deputy may be aware, one of the key principles of the Directive on Unfair Trading Practices (UTP) in business-to-business relationships in the agricultural and food supply chain is to protect farmers, farmers’ organisations and other weaker suppliers of agricultural and food products against stronger buyers and to, therefore, improve their position in the supply chain.

I signed Statutory Instrument No. 198 of 2021 which transposed the UTP Directive into Irish law on 28th April 2021 and established the UTP Regulations. These Regulations are an important tool in strengthening the position of primary producers.

The Regulations provided for the establishment of an Enforcement Authority to deal with complaints of unfair trading practices and, as an interim measure, the Authority was established in the Department pending the finalisation of primary legislation to establish a new Office of National Food Ombudsman or equivalent.

The Authority has the power to investigate complaints from suppliers, including primary producers, carry out investigations on its own initiative and initiate legal proceedings for breaches of the UTPs.

Currently, only supply agreements established since 28th April 2021 are required to be in compliance with the provisions of the Regulations. However, from 28th April 2022, all supply agreements, including those that were in place before 28th April 2021, must be in compliance with the Regulations. A targeted communications plan to ensure that buyers and suppliers are aware of these requirements is being developed.

No complaints have yet been received and the Authority has not initiated any investigations at this stage. However, I can assure the Deputy that the Enforcement Authority has been actively engaging with relevant stakeholders and in a variety of initiatives to promote awareness on suppliers rights and buyers obligations under the UTP Regulations, including meetings with the largest buyers of agricultural and food products in the State.

I strongly encourage any supplier to contact the Authority if they feel they have been subjected to any of the unfair trading practices covered in the Regulations. They can be absolutely assured that all contact with the Authority will be handled in strict confidence.

To date, non-salary expenditure has totalled €28,839 while the figure for salary-related expenditure for the three staff currently assigned to the Authority is approximately €115,000.

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