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EU Directives

Dáil Éireann Debate, Tuesday - 22 February 2022

Tuesday, 22 February 2022

Questions (900, 901, 902, 903)

Pádraig O'Sullivan

Question:

900. Deputy Pádraig O'Sullivan asked the Minister for Agriculture, Food and the Marine the reason Ireland has adopted the approach set out by EU Directive 2019/633 in respect of business size of targeting relationships between suppliers whose annual turnover is lower than a given threshold and buyers whose annual turnover is higher than the same threshold while other member states varied the scope; and if he will make a statement on the matter. [9795/22]

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Pádraig O'Sullivan

Question:

901. Deputy Pádraig O'Sullivan asked the Minister for Agriculture, Food and the Marine if EU Directive 2019/633 is being used as the basis to underpin the establishment of a food ombudsman as part of the programme for Government; and if he will make a statement on the matter. [9796/22]

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Pádraig O'Sullivan

Question:

902. Deputy Pádraig O'Sullivan asked the Minister for Agriculture, Food and the Marine when legislation will be brought before Dáil Éireann for the establishment of a food ombudsman; and if he will make a statement on the matter. [9797/22]

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Pádraig O'Sullivan

Question:

903. Deputy Pádraig O'Sullivan asked the Minister for Agriculture, Food and the Marine if some or all of the submissions have been adopted in relation to the establishment of the office of a national food ombudsman, regulator or equivalent and necessary legislation, in respect of the recent public consultation process on the establishment of the office; and if he will make a statement on the matter. [9798/22]

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Written answers

I propose to take Questions Nos. 900, 901, 902 and 903 together.

The Government is committed to ensuring fairness, equity, and transparency in the food chain. The Deputy will be aware that the Programme for Government includes a commitment for a new office of National Food Ombudsman to enforce the EU Directive No. 2019/633 on Unfair Trading Practices (UTP) and to have a role in analysing and reporting on price and market data in Ireland. The establishment of the new Office requires primary legislation which my Department is progressing at present.

In regard to provisions on turnover thresholds in the Directive, one of the objectives of the Directive is to protect smaller suppliers against unfair trading practices by larger buyers. While the Directive provides that Member States may extend those provisions, for example in relation to the turnover thresholds, any such changes in Ireland require primary legislation.

The UTP Directive was required to be transposed by 1 May 2021. Therefore, in April 2021, I transposed the Directive into Irish law by way of statutory instrument (SI 198 of 2021). Consequently the Directive was transposed as it stands, without changing the Directive provisions. Ireland was one of only seven Member States to transpose the Directive ahead of the deadline. At the same time, I established a UTP Enforcement Authority in my Department, as an interim measure, pending the finalisation of the primary legislation.

Introducing powers to extend the provisions of the Directive is a matter that is being given consideration in the preparation of primary legislation being prepared for the establishment of the new Office.

In regard to the submissions that were received through the recent public consultation process on the establishment of the new Office, as part of the work to develop the principles and policies underlining the primary legislation all submissions received are being given due consideration.

In regard to the timing of the completion of the primary legislation, preparations for the General Scheme of the Bill for the primary legislation are well advanced, and I hope to bring a Memorandum to Government on this shortly.

I am confident that the new Office will bring increased transparency to the agri-food sector and, along with the enforcement of the UTP Directive, that the increased availability of market information will strengthen the position of primary producers and other suppliers in the agricultural and food supply chain.

Question No. 901 answered with Question No. 900.
Question No. 902 answered with Question No. 900.
Question No. 903 answered with Question No. 900.
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