asked the Minister for Agriculture (a) whether he is aware that traders in the City of Dublin have been prosecuted under the Food and Drugs Act in respect of foreign butter supplied to them for sale to the public; (b) whether the said foreign butter was tested and ascertained to be up to standard before issue to retailers, and (c) whether, in fact, such butter or parts of the consignments thereof was sub-standard.
Ceisteanna—Questions. Oral Answers. - Imported Butter.
Major de Valera
Major de Valera
asked the Minister for Agriculture if he will state what steps, if any, were taken to ensure that imported foreign butter is up to the ordinary standards of quality heretofore obtaining for butter fit for sale to the public in this country, and whether any consignments of foreign butter recently imported were found to be in whole or in part sub-standard.
I propose, a Chinn Chomhairle, with your permission to take Questions Nos. 15 and 16 together. The imported butter recently placed on sale as part of the domestic butter ration was obtained by the Butter Marketing Committee. In placing contracts for the purchase of this butter abroad, the committee stipulated that the butter must be of choicest quality and must contain not more than 16 per cent. of water and not more than 2 per cent. of salt. The butter was supplied on this basis and I am satisfied that the supplying countries gave us butter of their highest export standard as supplied by them in large quantities to many other countries. Consignments on arrival in this country were examined by inspectors of my Department and were found to be uniformly of first quality. A representative number of samples was also analysed for salt and water content. Since the Deputy's question was received, I have seen particulars in the daily Press in regard to the recent prosecution of a retailer for selling imported butter which was found not to have complied with the standard of maximum water content laid down in the Sale of Food and Drugs Acts. I am satisfied that the quality of the butter concerned in that case is not representative of the quality of the butter generally. The Deputy will, no doubt, appreciate that, even in the case of Irish creamery butter, the quality of which is above suspicion, instances may and do occur in which, notwithstanding the fact that the utmost care is taken to ensure that the water content of the butter does not exceed the prescribed minimum, occasional churnings reach the market containing excess water. Convictions are regularly recorded for such contraventions in the case of Irish butter.
Major de Valera
In this case the Minister is, of course, aware that the retailer has no choice but to accept the butter offered to him. I think the Minister will agree that that is the position and that in the case of the prosecution—and I understand that there is at least one other pending— the trader was simply selling as he received it certain butter which was found to be deficient. In such circumstances, would the Minister take steps to indemnify the traders concerned for the loss and also to vindicate their reputations in this matter, by admitting or pointing out that they have no choice in accepting butter which is offered to them?
It would be of interest to me to discover how Deputy de Valera comes to be informed so precisely of the activities of the Corporation inspectors who are conducting this inquisition into Danish butter at present in the City of Dublin. The House may be interested to know that since 1949 there has been only one prosecution in the city for creamery butter which fell below the Food and Drugs Act standard. Suddenly, a spate of solicitude has broken out amongst the inspectorial staffs, who are apparently concerned to inform Deputy de Valera of their intention to seek samples of Danish butter in the City of Dublin for the purpose of establishing that the butter is of an inferior standard.
Public discontent.
Notwithstanding that, I can reassure the Deputy that the butter is of the highest quality. Every precaution is taken to ensure that that continues to be so and that there is no step which could be taken to meet the Deputy's requirements or the Public Health Acts which has not been taken.
Major de Valera
The Minister in suggesting that I have any such knowledge is very wide of the mark.
The Deputy has just informed us that there is going to be another prosecution.
Major de Valera
I have been so informed and I will get the information from another Minister who, I hope, will be more frank, later on in the debate. I understand there is at least one prosecution pending.
Where did the Deputy get that information?
Major de Valera
The Deputy got that information, which is common knowledge, in certain legal circles and other circles. Everyone knows it is pending.
I did not.
Major de Valera
In any event, I said there was at least one. I know of only one other that is pending. The point is that these traders have been convicted.
At their own request. They asked to be convicted.
Major de Valera
In order to secure an indemnity. The court found that the trader was blameless and that the butter had been sold by him as he received it, without interfering with it in any way.
Whereupon the gentleman asked to be convicted.
Major de Valera
In order that he could have a remedy.
I cannot stop him from asking to be convicted.
Major de Valera
It was in order that he could recover from the people responsible. Will the Minister, as the person ultimately responsible, take the necessary steps to recoup the person who was convicted and to save others from damage—to indemnify any other trader who may be convicted of such an offence, which is one over which he has no control?
Any order made by the court will, of course, commend the ready assent of this Department. So far as the Deputy seems to be labouring under a misapprehension that the Minister has caused the trader to suffer any hardship, I would remind him that this is a free country and that any man who wants to be convicted has a perfect right to seek conviction, if he is damn fool enough to do so. I do not see why the Deputy should be vexed with me. I cannot stop him. The fact is that the man was convicted at his own request and over the protest of the district justice.
Major de Valera
The fact is that if he were not convicted he would not have been entitled to seek redress.
And would not give Deputy de Valera an occasion for making a lahdidah in Dáil Éireann.