asked the Minister for Agriculture and Fisheries at what exact stage milk becomes the property of the creamery and ceases to be the property of the supplier; and if a creamery can refuse to give a supplier the opportunity of (a) taking a sample of his own milk at the same time as the manager takes it, and (b) seeing the actual process of the calculation of the butter fat content of his milk.
Ceisteanna—Questions. Oral Answers. - Creamery Milk Supplies.
37.
It is not for me to decide a legal matter of this sort. Whether suppliers can be afforded the facilities referred to by the Deputy is a matter for decision by the individual creamery proprietors.
On a point of order, surely Deputy Cluskey, who has been mentioned in the House by more than one person, should at least be entitled to ask one supplementary on Question No. 36?
There are so many supplementary questions.
I can understand the Minister's reluctance to allow me to ask him the question.
On the last question, may I ask a supplementary?
Resume your seat.
What is Deputy Cluskey's question?
Would the Minister agree that the best way to ascertain the facts with regard to the statement he made, which involves my character, would be to refer the matter to the Committee on Procedure and Privileges?
Fair enough.
That is a decision for the Deputy. It has nothing to do with me.
I intend to do it.
Sir, we did not hear the answer to the question.
Perhaps I had better read it again in view of the disorderly conduct of some Deputies.
That is a reflection on the Chair.
It is not for me to decide a legal matter of this sort. Whether suppliers can be afforded the facilities referred to by the Deputy is a matter for decision by the individual creamery proprietors.
Can the Minister give us any guidance on this matter?
The interpretation of the law is a matter for the courts. However, for the information of the Deputy, I could point out that there is a decided case which indicates that ownership of the milk passes to the receiver when he has examined it and found it suitable. In connection with that case, I should mention that it refers to the delivery of milk by an independent supplier to a non-creamery premises, in other words to a private premises. The situation could conceivably be different where a creamery milk supplier was supplying milk to a co-operative of which he himself was a member.
Is it true that a member of a co-operative society has not got access to the courts?
Strictly speaking, that is not correct, though the position is that a member of a co-operative society is, speaking generally, bound by the rules of the society and disputes in regard to matters of this sort between a member of the society and his fellow-members would, in the first instance, have to be decided by the rules of the society. Most of these rules provide, of course, for arbitration. Whether or not a member dissatisfied with the outcome of this particular process would have access to the courts is not really for me to determine. I might say, on the general issue, that the whole idea of a co-operative society, creamery or anything else, is that the members themselves get together to control their own production. It is the members who own the co-operative. It is the members who decide how it is to be run and, if a member has any complaint about the way in which his milk is received, or treated, that is a matter for the member and his fellow members working through their committee.
38.
asked the Minister for Agriculture and Fisheries the intake of milk by creameries for December, 1965; and how it compares with other years.
As the reply is in the form of a tabular statement I propose, with your permission, a Cheann Comhairle, to circulate it with the Official Report.
Following is the statement:—
|
Year |
Intake of Milk by Creameries |
|
|
December |
Whole Year |
|
|
(million gallons) |
(million gallons) |
|
|
1965* |
6.9 |
392.0 |
|
1964 |
7.8 |
361.9 |
|
1963 |
7.1 |
337.1 |
|
1962 |
6.7 |
323.9 |
|
1961 |
5.9 |
305.3 |
*Provisional figures.
Has there not been an alarming drop since 1962?
Deputy L'Estrange knows the answer before he sees it.
I do.
I do not know where Deputy L'Estrange got his information——
From the Farmers' Journal.
——but it is very inaccurate. The intake of milk by the creameries in 1965 was the highest ever recorded.
In December, 1965?
It was 30 million gallons above the previous year. There was a temporary falling off of milk intake in December——
That is what I asked.
——due entirely, as everybody will, I think, agree, to the weather conditions prevailing, but I have no doubt the intake will be up again.
I think I am entitled to state that the Minister's information is not correct.
This is Question Time. The Deputy may ask a question.
The Minister's information was completely wrong. I asked him for the figure for December, 1965.