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Dáil Éireann díospóireacht -
Tuesday, 24 Feb 1981

Vol. 327 No. 1

Private Members' Business. - Food Prices: Motion.

I move:

That Dáil Éireann, aware of the extent to which the major price increases in food items have caused grave hardship to the most disadvantaged sections of the community, calls on the Government to restore and increase price subsidies on certain food items and furthermore gravely concerned about the current "price war" between certain retailers in the grocery retailing trade and the prospect of bankruptcies, take-overs and uneployment in the Irish retailing sector with the consequence of higher retail prices imposed on the consumer, calls on the Minister for Industry, Commerce and Tourism to make an Order to prevent the distortion of competition under present practices and to prohibit the limitations of offers at retail level.

This motion is in two parts. It calls for the reintroduction of food subsidies and for the prohibition by the Government of below-cost selling.

As most Members will recall, it has been 12 months since this party tabled another motion for Private Members' Business on the question of price increases as they affect the weakest sections of the community. In that motion of February, 1980, we stressed the inflationary effect which the part abolition of food subsidies had on price increases and we make no apology for reiterating this fundamental issue in the debate this evening.

However, on this occasion we are much closer to a general election. While this party have no intention of competing in a general Dutch auction of election promises with Fianna Fáil we give an unequivocal assurance that any alternative administration will have a firm proposal before it to extend food subsidies on such basic items as bread and milk.

In January 1979 we tabled a motion also for Private Members' Business deploring the decision of the Government at that time to phase out the food subsidies, a decision which had the effect then of increasing the price of butter by 8p per pound, of increasing the price of milk by 2p per pint and of increasing the price of flour by 3p per kilo. At that time we pointed out that that policy would have an adverse inflationary impact on the living standards of the poor, the elderly, the unemployed, the underpriviliged and of large families. In January 1979 the annual rate of inflation was only 7.6 per cent. Today it is more than double that figure. We have tabled this motion so that public opinion generally and various social organisations outside this House such as the trade union movement and, above all, that large body of marginal Deputies — notably the Fianna Fáil backbenchers — should be under no illusion as to the need to impress on the Government the necessity for ending this regressive policy of gradually eliminating remaining food subsidies by reason of inflation.

Whatever views one might hold about the success or otherwise of the Coalition Government, we did take several important counter-inflation initiatives, particularly in respect of food. We removed VAT from food in the 1975 budget and we introduced what were then substantial food subsidies on flour, bread, butter, milk and town gas. The net effect of that action was a reduction in the consumer price index of 4 per cent. We extended these subsidies in 1976 and in 1977 and in that way we took what in retrospect can be regarded only as unprecedented steps to maintain and to improve the living standards of the unemployed, the elderly and other vunerable groups in our society.

At that time the inflation rate was relatively high but despite this the introduction of these subsidies had a considerable impact on the CPI. Today we have an inflation rate of 17 per cent and this could be higher by the end of the year. Our unemployment figure is at the high level of 125,000. These figures alone would warrant the approach we are advocating. But since we raised this matter last in the House other evidence has become available to us. For example, the National Prices Commission report which was published in June 1980 contains a section headed, "Grocery Surveys and Typical Consumption Patterns". This section analyses the six major food items ranked in order of importance for families of lowest gross income, for the head of household out of work and for the average of all household. It is wise to point out that for the lowest income person of an expenditure in 1980 of about £8 per week on important food items there was included £2.10 on bread, milk and butter. Therefore, it can be seen that for a person of quite low income the proportion of expenditure on these three items is substantial. Those of us who pay 76p for a pint in a lounge bar will realise how far removed such expenditure is from the type of expenditure I have been instancing in terms of food.

If we take another category from the National Prices Commission report, for the head of household out of work, of a similar expenditure of £23.50 per week on important food items £7.39 was spent on bread, milk and butter. The price of milk has gone up since then. For the average for all households with an expenditure of £23 per week on those items some £5.63p was spent on bread, milk and butter. Even the most casual perusal of the data in the commission's report makes it clear that the deprived and the income disadvantaged spend relatively more on these three basic commodities. Hence, the logic and justice inherent in our motion.

Our motion is in two parts, the first of which relates to food subsidies. It is a crying shame that when the Government can find so much money for so many admittedly important aspects of consumer expenditure but expenditure which generally pales into relative unimportance compared with the prices of basic food commodities, total inattention is paid to the need to introduce and maintain basic food subsidies for those in greatest need.

I now want to deal with the second part of our motion relating to the present current retail price war, as it is called, in the supermarkets and shops. I suggest there is urgent need for the Government to take decisive action in this area. There has been considerable structural change in the grocery trade in the past 25 years. The major elements have been a continuous decline in the number of small grocers and the concomitant decline in the number of wholesalers. There has been a sharp increase in the importance of just a few national supermarkets or multiples. We have had, of course, the infusion of the multinational grocery chains here. In addition, we have had the bonding together of numerous independent grocers into voluntary chains such as Mace and Spar which also organise much of the new cash and carry wholesale business.

In 1971 it was estimated that the multiples accounted for about half of the Dublin trade and about 30 per cent in the country as a whole. Estimates for 1978-79 showed that the multiples had increased their share of the Dublin market to about 70 per cent — that is the general assumption — and in the country as a whole their market is now said to be about 40 per cent. The multiples comprise only five companies. We have Tesco and Quinnsworth both of which are managed and owned outside Ireland with very large multinational financial reserves. We have Dunnes, Superquinn and Williams. The latter is the only public company and its accounts have shown losses for the last two years and I think the first half year accounts this year or some recent accounts showed further losses. We have also the voluntary chains, AVG Group and the independents, RGDATA. In the past two years they formed a joint trade association named the Irish Association of Distributive Trades. This group has become quite powerful and influential and I think the Minister and my colleague, Deputy O'Toole, would concede that this group is developing a fairly strong sense of political muscle and intends to exercise it in a very determined way. Therefore the situation is that the grocery retailing trade is dominated by the big five. We know they are working on fairly tight margins generally. I understand their margins may be even narrower than those in Northern Ireland or the UK. At present they are competing fiercely with one another and the remainder of the trade is controlled by the IADT group.

I do not know, from anything I have read or from people I have spoken to whenever I have gone abroad as a member of the Economic Affairs Committee of the Council of Europe, of any country where concentration in grocery retailing is as high as in Ireland with a market dominated by so few firms. I suggest that the impact of this structure on the food manufacturers and suppliers is very great. We know only too well that the food manufacturing sector is not terribly strong. It comprises roughly 60 individual firms employing about 45,000 people. A number of them are British subsidiaries and in several cases already there has been a loss of employment in those firms with the decision to cease production in Ireland and to import goods direct from Britain. Most of these firms serve only a few customers and even if they lose just one supermarket account even for a couple of weeks some of them face closure. The supermarkets have enormous buying power and can force suppliers to reduce prices with the threat of taking away their account. This happens very much during a price war.

If the suppliers do what the supermarkets ask, the counter balancing sector, the IADT group and the other supermarkets naturally demand similar price reductions, thus forcing the suppliers into a loss-making situation. This House must look very calmly and dispassionately at the situation. Nothing is easier in a price war than to whip up emotive reaction and in the process the extent to which the State might be in a position to intervene could become extremely difficult.

In 1978 there was a price war among the supermarkets. We know that the Restrictive Practices Commission and the Examiner — and I am being perhaps a bit harsh, but correct in saying this — made a rather confused situation somewhat worse on that occasion. Following this the Restrictive Practices Commission held a public inquiry into below cost selling in the grocery trade in December 1979 and the Minister for Industry, Commerce and Tourism, — and here I want to be harsh on him — promised quick action within six months. The publication of the RPC report and action by the Minister, if I recall rightly, were expected in October and then promised before Christmas. Then, three or four weeks ago they were promised within a month and in this motion tonight they are promised shortly. There is a limit to the extent to which vocabulary can encompass promises. I want to bring to the attention of the House the fact that the report has not yet been published and the action by the Minister is not yet entered. This is inexcusable.

On another aspect of the current situation, the present legislative position is that advertising goods for sale below cost is illegal, but selling goods below cost is legal. The manufacturers' suppliers are permitted to withhold supply from a retailer who is selling below cost. However, as I explained earlier, this does so much harm to the income of the suppliers that they could not keep it up for very long. I gather that the CII managed to get concerted action from all the major suppliers to withhold supply from the multiples who are selling below cost. As we well know, it is very difficult to maintain a united front because of possible loss of profits. Also, the income of individual suppliers without adequate reserves can dwindle.

At the moment, the big five are all using general advertising but are shedding goods in many instances on selected items below cost. This affects the small voluntary chains and especially the small independents who must pay much higher prices for their goods than the supermarkets and, therefore, become uncompetitive. It is quite clear that employment is being lost in the distributive sector at present and there are a number of reasons for this. There is, of course, the recession. We have the long running secular decline of small independent shops, caused partly by the rural-urban population shift and by the greater mobility of shoppers, the new housing estates, the new planning permissions and, of course, the supermarket price war. I want to stress that possibly a loss of employment is occurring in the food processing industry in the agricultural sector, in this situation. Any sizeable loss by firms in food processing will have a serious impact on the agricultural sector. There is an urgent need for action by the Minister, and an urgent need for the Cabinet to consider the matter. I do not know what internal policy decisions are being taken by the Department but, by reading between the lines, one gets the impression that the Department's view in the matter is to take a low profile. This is quite evident by the non-publication of the RPC's report and absence of any resulting order by the Minister.

The price war has gone on long enough. We have waited far too long for action from the Minister in this area. Unless he takes action some of the Irish supermarkets may be forced into a loss-making situation and will just not survive. Secondly, quite a large number of the smaller individuals will certainly go to the wall and suffer even more grievous harm. Thirdly, the same could happen to some of the firms in the food processing industry. The total employment effect, unless the Government take action, could be extremely severe.

It has been argued strongly that, if all the multi-nationals are at one another's throats and the supermarkets are tearing the guts out of one another on the prices front, this is great for the consumer. I want to stress that the benefits to the public of the multiples having a price war are exceptionally short-termed; they are purely ephemeral. In the long run the public will be far worse off. In the first instance, below cost selling is related to an extremely small range of items. They are important items, but confined to a particular group. The price margins on other commodities are jacked up to pay for the price war on other items. We must bear in mind, in respect of a price war, that the consumer does not benefit at all.

Of greater importance is that a price war causes so much instability in the distribution sector and the supplying industries that it causes bankruptcies, take-overs and a chaos of structural change internally in the industry. We now know, for example, that Tesco several weeks ago entered into this price war and once the big multi-nationals enter, there is an automatic substitution of imported products for Irish products. The imported products are brought in to this country and dumped in the context of a price war. This could result in firms like Williams, who have had two years of running losses, and Superquinn — I am not naming firms in any derogatory sense, but because I am worried — being literally taken over.

If the price war is allowed to continue, it could result in these firms being either taken over or going bankrupt and the Irish retailing scene will be dominated by foreign owned multinationals and multiples. That is a worrying situation. If the present price war continues, within the next six months', the big five could become the big three — Williams and Superquinn will be gone for their tea. I have not mentioned Dunnes because, in my opinion, they have sufficient financial strength to survive but they would still have problems.

It would also mean that there would be a demise of a substantial part of the food processing industry internally, with the result that grocery retailing would be dominated by two multinational firms who would probably rationalise, reduce the number of their branches and retail mainly imported products. That is a serious situation. The Minister should take immediate action to ban the below cost selling syndrome which is at present in operation. I know he intends taking action some time in the future but it should not be beyond the ability of the Department to take action now. What is needed is to put a lower limit on the present damaging price cutting. This would not prevent price competition. I am as much in favour of price competition as the next person and I fully believe consumers should get the best possible deal but, in the long run, price wars benefit nobody; suppliers will go out of business, Irish supermarkets and small traders will be crucified and the scene will be dominated by Tesco, Quinnsworth and one or two other firms.

The Minister should introduce an order to ban below cost selling. He should try to do something about the limitation of special offers at retail level. At present a retailer can make a special cheap offer where his customers buy two or three packets of a certain commodity cheaply. A lot of that would stop if there was a limitation on sales to customers. At present enterprising people can buy six dozen or the dozen items in these special offers.

There is an urgency to control and prohibit below cost selling. I suggest that there are plenty of examples of competition in prices in the EEC and even Australia. In the United States, the bastion of free enterprise, if one were to indulge in below cost selling, one would land oneself in the courts. Therefore, I ask the Minister to make an immediate statement on this question and to take immediate action.

A further major political issue facing the Minister is the extent to which the multinational retailing groups, particularly Tesco or the group owned by Westons, should be permitted to set up shop in any part of the country without restriction. In 1966 there were about 17,000 small independent retailers throughout the country; today there are 7,000 or 8,000. The number of these retailers has been halved largely because of the development of the multinational and domestic supermarkets.

At present there are current major local authority planning and development disputes in, for example, Mallow and Galway, highlighting this serious problem. I appreciate that this is a very complex and difficult problem. There is no way of reconciling the demands of consumers who want a supermarket in their own estate and large shopping centre facilities, and the demands of local established traders who want to protect their interests, which is understandable. The Minister is caught between them. He should make a greater effort to try to control the situation under the mergers and monopolies legislation. It is possible to influence this situation.

The Minister should ask his colleague, the Minister for the Environment to urge local authorities to include in their draft development plans revised specific criteria relating to the intensification of retail trading in their areas of jurisdiction. There are many examples in Europe — in France, Italy and Germany — where that legislative approach operates quite effectively. In those countries it is not very easy to set up shop, buy a supermarket and take over. The rules of competition, location and development are quite complex and much more restrictive than in this country. Therefore, it should be possible for the Minister to take action in this area.

I do not want to be unduly harsh on the Department but the culture and philosophy of this Department are that if a problem is causing trouble at first they do not do anything about it until the hullaballoo stops and when the fuss is over they might do something about it. In my view the fuss about the price war and multinational operations in the retailing sector is becoming a major political issue which will not go away. The Minister, Deputy O'Malley, has great insensitivity. He bristles at this situation and is not prepared to do much about it. He gets people's backs up. I have had representations about his approach. They were so bad that I was taken aback. I am normally a moderate and I am a supporter of many of the industrial development attitudes of the Minister and the total honesty of the man in many areas, but I urge him to shed his bristling insensitivity in this area, publish the report, take action — he will not satisfy everybody — make the order prohibiting below cost selling then meet the retail trade, consult with the major groupings in the trade — the people in the supermarkets whose interests are very considerable — and try to assist the parties in this area. This is possible.

I make that plea because I am gravely concerned about the 45,000 jobs in the Irish food industry, a number of which are concerned with exports. Up to 20,000 jobs could go because we must have some domestic selling base in order to have effective exports and profitable outlets. I am also concerned about a large number of jobs in the retail and distributive areas. Ireland could become just another relatively small market conurbation for a large retailing multinational firm importing between 600 and 800 items here, thus causing considerable suffering to domestic industries.

While I appreciate that there are no easy political solutions to this, more could be done than at present. I would ask the Minister of State to convey our views directly to the Minister and the Government.

I move amendment No. 1:

To delete all words after "Dáil Éireann," and substitute "affirms its approval of the measures being taken by the Government to control prices in the present difficult economic circumstances and, notes the existence of a code of law relating to competition in the grocery sector, from which the consumer has derived substantial benefits, the initiatives already taken by the Minister for Industry, Commerce and Tourism in this area, his intention to publish very shortly the report of the Restrictive Practices Commission on below cost selling and to take appropriate action on the Commission's recommendations."

It is a relatively short time ago, mid-December last, to be precise, that I spoke to a somewhat similar motion — again from the Labour Party — to the one before the House tonight. It is my hope that on this occasion, unlike the last one the debate will deal with the realities of the economic facts of life.

The Labour Party motion tonight before the House refers to the impact of rising prices particularly on the less protected sections of the community. It is an undeniable fact that since taking up office this Government have been particularly concerned to ensure that the effect of price increases on the most disadvantaged sections of the community is softened in so far as is possible taking into account all the considerations involved. This concern has been practically expressed. Improvements in the State's health and welfare systems have been regarded as a central element in successive budgets and the price control procedures operated by my Department and by the National Prices Commission have been tightened up considerably to ensure that only the minimum unavoidable price increases are allowed to occur.

The Government's degree of awareness and concern for the plight of the less-advantaged sections of the community were amply demonstrated in the recent budget. In common with all budgets since 1977, the recent budget provided for major improvements in the income of the less well-off sections of the community. I would like to quote some figures to emphasise my point.

Since 1977, unemployment benefits have been increased by over 96 per cent; widows' pensions have been increased by 123 per cent; contributory old age pensions have been increased by 120 per cent; non-contributory old age pensions have been increased by 123 per cent and childrens' allowance have been increased by 161 per cent. If these increases are compared with the rate of inflation during that time, it will be agreed that never in the history of the State have the increases been so much greater than the increase in inflation. That is right and proper because this section of our community is still not getting enough.

The Government in their last budget announced that personal and adult dependant rates of long-term weekly social welfare benefits would be increased by 25 per cent. The cost of these social welfare and other health improvements is estimated at £144 million, all of which will be directed towards those sections of the community who are in greatest need. Of this sum £111 million will be met by the Exchequer. I cannot see the point in asking the taxpayer to subsidise food eaten in expensive restaurants. That is what subsidies would mean. The money collected from the taxpayer should be used where it is most needed, that is, towards providing social welfare payments. The Opposition are saying that this money should be divided so that the wealthy also get their share. It cannot be denied that very good increases in benefits were given in spite of difficult economic times.

Applications for price increases are regularly received by the Department and cannot simply be refused point blank. The consequences would be predictable, however, if all applications for price increases were to be rejected while cost increases continued to occur. Company bankruptcies and redundancies would occur within a short period. In many cases supplies of goods to the Irish market would cease altogether. Given the increased cost of imported materials and the size of the increases in money incomes which have occurred in recent years, increased costs nowadays can only very rarely be met from profits or fully offset by improvements in productivity and efficiency. Price control operated in this way would be irrelevant. No products would be available at the controlled prices and the effects would soon become intolerable. The consequences of exercising this option would be catastrophic.

Another option open to the Government would be to refuse to allow certain price increases which were justified and grant subsidies to make good the difference. A number of commodities are at present in receipt of Government subsidy. The cost of these subsidies runs to about £40 million annually. Beyond a certain point, however, expenditure on subsidies becomes a wasteful and highly inefficient way of assisting the less well-off. Resources are diverted to better-off households who under any normally objective set of criteria do not require this kind of subvention of their daily expense of living. It is the Government's belief that subsidies, applying, as they do, irrespective of individual needs, do not sufficiently discriminate in favour of the less well-off sections of the community. Moreover, subsidisation can lead to distortion in consumption patterns and hides the real cost of a product or service.

The Government have not exercised either of these two options. Instead, as I have said, the Government have on the one hand rigidly controlled prices having regard to the economic facts of life and, on the other, have made significant improvements in the level of social welfare benefits payable to the less-protected sections of the community. I have already given examples of the increases which have taken place since 1977. These increases have been impressive and underline the Government's commitment.

The Labour Party motion makes specific reference to major price increases in food items. The way in which the applications for such price increases are dealt with under the price control procedures evidences the strict way in which these procedures are operated. There was a price increase of 5p approved on bread in January this year. The bakeries concerned had looked for increases in some cases of up to 9p and 10p in the basis of their increased labour costs, increased energy costs and increased overhead costs. The prices division of my Department and the National Prices Commission subjected the bakeries' applications to stringent examination and, as a result, the National Prices Commission recommended that the allowed price increase be restricted to 6½p. It has often been said that the Minister only rubber stamps price applications but this is a special case where the Minister, having considered the commission's recommendations, decided that a price increase of only 5 pence should be allowed. It can be seen, therefore, that by virtue of a very strict operation of price control the price increase finally allowed on this very necessary and very basic food item was almost half what it might have been. In so far as food is concerned, the retail price of 18 basic food items is strictly controlled by maximum prices order. I can readily assure the House that all price increase applications, whether in respect of food items or any other commodities, are subjected to stringent examination in order to ensure that only the minimum unavoidable price increases are passed on to the consumer.

The operation of a strict price control system has resulted in real benefit for all sections of the community. For example, in the latest 12-month period, January to December 1980, the records show that the National Prices Commission considered price increase applications claiming increased costs of £557.71 million on an annualised basis. Of this amount only £458.27 million in increased costs was actually allowed. This means that the prices of the products and services covered by the 526 applications involved rose by about 18 per cent less than they would have risen had the applicants not been subject to detailed price control. It also means that consumers had to pay £99.44 million less for those goods and services than they would otherwise have had to pay. Indeed, this figure almost certainly underestimates the saving to consumers as very many of the increases sanctioned relate to ex-factory prices. Retail prices are generally fixed by adding a percentage margin to the prices at which retailers buy. If the average retail margin on costs were 25 per cent, which is a relatively low average figure, then the saving to consumers would be in the region of £130 million.

It is clear that the approach which the Government have adopted to the problem of rising prices — strict control on price increases coupled with major improvements in social welfare benefits — is the correct one and the one most suited to existing economic circumstances.

There is no doubt but that the grocery sector is probably the sector most affected by the advances made here over the past number of decades. We have seen many changes in the manner of preparation, presentation and sale of foodstuffs. We have seen many changes in the social fabric of our society, entailing certain changes in the pattern of distribution of population, increases in standards of living and changes in consumer attitudes and expectations. These changes have had, of necessity, implications for our traditional lifestyles and, understandably, for various trades and professions, some of which have disappeared while others have adapted to meet the increasing challenges posed by the developments which occurred.

We have had problems with local traders and local grocers for some time and there are fewer of them now than there were some years ago. This process has been going on for a long time. It went on during the Coalition period and during the Fianna Fáil period. Deputy Desmond referred to certain aspects of it, but to make a political issue of it will not help the position one bit. Two Ministers for Industry and Commerce, Deputy P.J. Lalor of Fianna Fáil and Deputy Justin Keating of the Coalition Government, signed Restrictive Practices Grocery Orders, on 21 February 1973 and on 18 October 1973 respectively. This adequately illustrates what I am getting at.

At an early stage in this evolutionary process it was recognised that there was a need for a policy framework within which the various economic sectors would develop in accordance with the interests of the common good. One reflection of this policy was the enactment in 1953 of the Restrictive Trade Practices Act which facilitated the tackling of various undesirable practices which existed. It is of interest to recall here the words of the then Minister for Industry and Commerce, the late Deputy Seán Lemass, that "the aim of policy must be to foster competition wherever possible and to introduce that element of risk into every trade which will force those engaged in it to strive towards maximum efficiency at all times".

Under the Restrictive Trade Practices Act, 1953, the Fair Trade Commission were established and given the powers to carry out inquiries into the supply and distribution of goods and to make recommendations to the Minister for Industry and Commerce for action to deal with any abuses identified.

Shortly after their establishment the commission noted that there was creeping paralysis of price competition in large areas of distributive trading and a tendency towards the freezing of distributive arrangements without allowance for economic change. Among the practices which were recognised as being widespread were limitation or regulation of entry to trade, resale price maintenance by manufacturers, price fixing and margins fixing by trade associations, punitive action against traders who have not observed such fixed prices or margins and various other devices which were alleged to restrain or suppress competition unfairly or to the disadvantage of the public.

One of the first areas which received attention by the commission was the grocery sector, and in view of the clear importance of this sector this was not surprising. This was the first reflection of a concern that competition in this sector should be fostered but that such competition should be fair and healthy, a concern which has been evident up to the present.

The first inquiry was held in 1955, at a time when the extent of price competition was quite limited, a number of products were still subject to price control while others had their resale price fixed by the suppliers, and the modern type of supermarket had not yet emerged. The inquiry covered foodstuffs, with some exceptions, and household necessaries commonly sold in groceries. The main issue at the inquiry was whether resale price maintenance was contrary to the public interest. In their report the Fair Trade Commission concluded, inter alia, that price competition at retail level would be beneficial to the public and they recommended that individual or collective action designed to secure the maintenance of resale prices should, therefore, be prohibited. On the other hand, they deemed it necessary to have certain safeguards against excessive price cutting. It was recommended, for example, that a supplier should be permitted to withhold goods from a retailer who was selling the goods to the public at a price lower than the wholesale price charged to retailers for the goods. The commission also examined and made recommendations in relation to terms and conditions. In essence, they sought to maintain as much flexibility as possible and their recommendations were designed to ensure that terms and conditions of supply would be reasonable and would be applied equitably to all persons seeking supplies. The Minister for Industry and Commerce gave effect to the commission's recommendations in the Restrictive Trade Practices (Groceries) Order, 1956, which he subsequently amended in 1958.

A general review of these orders was held in 1966, but in their report the Fair Trade Commission considered that no further measures to regulate the grocery trade were necessary or could be recommended having regard in particular to the evolving state of the trade at that time.

Persistent complaints alleging the existence of unfair trading practices in the food trade continued to be received by the Fair Trade Commission, and in 1971 the commission undertook a public inquiry into the supply and distribution of grocery goods for human consumption. Fresh fruit and vegetables, fish, milk, cream and ice cream, intoxicating liquor and soft drinks were excluded from the scope of the inquiry. "Household necessaries" sold in grocery shops, which had been covered by the 1955 inquiry, were also excluded. There were two main reasons for limiting the 1971 inquiry, First, the vast majority of the complaints received by the commission in the years prior to the holding of the inquiry related to foodstuffs and, secondly, the inclusion of "household necessaries" would, in the opinion of the commission, have presented difficulties in regard to definition and would have led to a considerable extension of the range and duration of the inquiry without adding significantly to the effective consideration of the broad issues involved.

The main issue at the inquiry was the question of terms and conditions of supply. In addition, there were numerous complaints about certain practices which had been adopted in retailing, particularly by supermarket multiples, such as sales below purchase price, trading stamps, redeemable vouchers, certain advertising practices and private label brands.

The commission's report, dealing only with foodstuffs with the exceptions stated above, was submitted and published in 1972. In relation to terms and conditions, the commission concluded that in certain cases these discriminated unfairly against certain buyers. Their proposals for dealing with these problems related to such matters as quantity terms, volume discounts and supplementary terms, and were designed to ensure more equitable and realistic terms and conditions while at the same time maintaining the flexibility of previous orders. The commission also considered the position in relation to below cost sales and their views in this regard could be summarised as follows:

The prohibition of sales below purchase price plus taxes, whether or not a percentage is added, would present formidable, and possibly insuperable, problems in application and enforcement. The avoidance of anomalies would require such a degree of relaxation that prohibition might well prove to be ineffective in practice. In assessing a net purchase price, the inclusion of rebates based on future performance would be difficult, as it would entail anticipating a percentage that could vary with performance. To exclude rebates would mean that the figure for a particular outlet earning a rebate would not be a true net purchase price for the products concerned but an invoice price plus a margin that could vary for different products. The need to make allowances for indirect price reductions resulting from the use of trading stamps or vouchers would further complicate the problem. Exceptions would need to be made for sales of perishable goods in danger of deterioration — a flexible concept — for end-of-season sales of seasonal goods, for termination of business sales to take account of price reductions by a supplier since date of purchase, and for prices charged in good faith to meet competition. The latter exception could make it very difficult to establish a breach of the prohibition, but failure to provide for it could result in prohibiting an outlet from selling below purchase prices to meet the prices of a competing outlet where the prices of the competing outlet, possibly — though not necessarily — through special offers, were equivalent to or higher than its net purchase prices plus taxes. In such circumstances a prohibition would represent an unreasonable and unfair restraint on competition.

In the relevant report the commission went on to point out that the fixing of a minimum selling price on any basis would constitute a form of official resale price maintenance, a major reversal of a policy which had brought considerable public benefit, and that whatever basis might be chosen as a minimum the way would be opened for pressure to have it progressively raised.

The commission said: "A prohibition of sales below purchase price would limit ... the scope for the employment and development of the retailers' skills in meeting competition and particularly competition in prices which is vital to trade". Such a prohibition would also channel competitive drives into the area of non-price competition, such as "gift" and "prize" schemes, which would probably be to the disadvantage of both consumers and independent retailers.

The report recognised, however, that the practice of below cost selling——

... has undesirable features. Where widespread advertising is concentrated largely on such prices, a misleading impression is conveyed of the prices in the outlet concerned, as the great bulk of them must reflect a margin covering retailing costs and yielding a profit. The advertising of such prices conveys an impression to the consumer of the value of the product which, by discouraging stocks and display by outlets unable to meet the losses entailed in matching a price below purchase price, can adversely affect the distribution of the product. More seriously, such advertising creates an unfavourable impression to an unwarranted extent of the prices in independent outlets, resulting in serious losses in sales, thereby accentuating the tendency to domination of the trade by multiple organisations.

Accordingly, it recommended that "the advertising by the retailer, or by anyone acting on his behalf of any commodity at less than the net purchase price which he paid for the commodity in any medium outside his own premises should be prohibited".

This recommendation was accepted by the Minister, and Article 6 of the Restrictive Practices (Groceries) Order, 1973, provided as follows:

(1) A retailer shall not advertise or cause to be advertised for sale grocery goods at a price that (after the deduction of the cost to the retailer of any discount or other benefit given by him on a sale of the goods) is less than the price (after the deduction of any discount received by the retailer) at which he purchased the goods.

(2) Paragraph (1) of this Article does not apply in relation to the advertising of goods at the place where they are on sale.

This order applied, however, only to foodstuffs with some important exceptions, and it remained permissable to advertise the excepted foods and all non-food groceries at prices below cost.

The Restrictive Practices (Groceries) Order, 1973, and the Restrictive Practices (Groceries) (Amendment) Order, 1973, which related to foodstuffs only. gave effect to the commission's recommendations in these and other matters. As a result of these orders the power of a supplier to withhold goods continued in relation to non-food groceries, while in the case of foodstuffs it was revoked having regard to the prohibition of below cost advertising in their case.

In 1975 the commission carried out a special review, by means of public inquiry, of the operation of Articles 2 and 3 of the Restrictive Practices (Groceries) Order, 1973, as amended, which, as stated, related to foodstuffs with specified exceptions only. This review was undertaken as a result of representations to the Examiner of Restrictive Practices in regard to the definition of certain terms in Article 2 of the order and in regard to the interpretation of Article 3.

In his report requesting the review, the Examiner indicated that some manufacturers who had introduced new terms in accordance with the 1973 orders were advised by a number of supermarket multiples and a retail buying group that their products would no longer be stocked, following which the manufacturers withdrew these new terms. In their report the commission recommended, inter alia, amendment of the existing orders to provide greater latitude to the supplier in formulating distribution arrangements best suited to his marketing strategy and consistent with equity in their application. The Minister gave effect to the commission's recommendations in the Restrictive Practices (Groceries) (Amendment) Order, 1978.

In early 1978 an alliance of wholesalers and independent retailers was formed. In its early activities the alliance sought (a) to compel manufacturers to take steps to end the sale of their products below cost by supermarkets multiples, and (b) to win a "functional" discount for wholesalers from manufacturers. This alliance gave to its members a collective negotiating strength comparable with that of the multiples and in so doing brought about a significant change in the balance of bargaining power in the trade.

As a result of conflicting pressures arising from the activities of the alliance, one Irish supplier found itself faced with considerable difficulties and there appeared to be a possibility that other suppliers could be similarly affected. At the request of the Minister the Examiner held discussions with representatives of the manufacturers and the alliance which resulted in a suspension for three months of the action which had been taken. Subsequently, at the Minister's request the commission held informal discussions with representatives of all the interests in the trade. In November 1978 the commission made to the Minister a non-statutory report in which they recommended that the grounds on which goods might be withheld from a retailer by a supplier should be altered from selling below wholesale price to selling below net invoice price plus VAT. They also recommended that this provision, which since 1973 had not applied to foodstuffs, and the prohibition on below cost advertising, which had not applied to non-foods, should be extended so that each covered both foodstuffs and non-foods subject only to the exception of the foodstuffs specifically exempted.

In summary, therefore, the House will note that there is already in existence a code of legislation which is aimed at ensuring the existence of healthy competition with consequential benefits for those involved from the manufacturer to the consumer, the initiatives taken by the Minister for Industry, Commerce and Tourism in relation to the groceries sector and his intention to publish very shortly the report of the Restrictive Practices Commission on below cost selling and to take appropriate action on the commission's recommendations. That report will be published within a month.

I should like to comment on the Minister's last few sentences. He said there is in existence a code of practice and legislation which ensures certain things. If what the Minister said was true we would not be discussing this motion. That is the reality. There is legislation on the Statute Book dealing with the grocery trade, price control and restrictive practices, but it does not work. That is what the hullabaloo is about.

The motion put down by the Labour Party refers to the hardship caused to certain sections due to continuously increasing prices of basic food items. Reference is made to the price war and all its consequences and ill effects. The amendment refers to the measures being taken by the Government to control prices in present difficult economic circumstances and notes the existence of a code of law relating to competition in the grocery sector.

I took careful note of what the Minister said, and on three occasions he mentioned "the economic facts of life". It is time members of the Government realised that there are economic facts of life and that they were always there. However, they seem to have been suspended since 1977 when that party put before the country an election programme which saw everything rosy: everything could be solved by diligent scrutiny of the issues and the application of proper solutions.

We now know that the economic facts of life caught up with that philosophy, and we are now paying for the ineffective and inefficient approach of that party. The Minister tried to put the best face he could on it by giving us a long litany of social welfare benefit increases. Why would there not be increases? The Minister tried in a hamfisted way, in listing percentage increases, to make virtue out of necessity. Surely he did not expect social welfare beneficiaries to have taken decreases since 1977? That is not an answer to the terms of our motion. He told us of measures taken by the NPC to ensure that prices were kept in strict control. We recall the specific undertakings given in 1977 in relation to the NPC, that they would be restructured, that certain amendments would be effected and that where the Government had control, power and influence, unnecessary price increases would not be allowed.

I will not bore the House by telling what has happened in the meantime. We all know that those undertakings have been ignored or denied. Certainly they have not been fulfilled. We all know, and the Minister can ascertain this if he goes out into the street, that any housewife will say prices are rising at an exorbitant rate and that, despite what the Minister has said, social welfare beneficiaries are not banking much of their weekly allowances despite the so-called massive increases given by the Government. They are spending every penny and calling for more because price increases have run riot.

The Minister went on to deal with subsidies and said they were an ineffective and wasteful way in which to try to ease the burden on the less well off. I remind the Minister that in 1975 it was they, in opposition, who proposed that food subsidies be introduced. The National Coalition were in power. For two-and-a-half-years afterwards they boasted that they were responsible for providing £61 million in subsidies.

What did they do when they came into office and since then? Despite the fact that inflation is now as high as it was in 1975 they began to cut back food subsidies. When we applied subsidies we also gave social welfare increases. We introduced, for instance, the unmarried mothers' allowances. Our actions incidentally gave a fillip to the producers, the farmers, by keeping prices at a realistic level. Yet the Minister now tells us that food subsidies are an inefficient and wasteful way to do things. He has a very short memory. He mentioned the Restrictive Practices Act and gave a long dissertation on the history of legislation in that area, going back 25 or 26 years. The grocery industry comprises 40,000 people engaged in an industry worth £900 million at current values. They are not interested in what happened 25 years ago. They are much more interested in what will be happening 25 years hence, because they and their families depend on the orderly expansion of the industry. They are interested in what is being done in 1981 rather than being reminded of 1955.

The Minister referred to the 1973 Act, to which I will refer in a few minutes. His references were very selective. He avoided the crunch issue, which is Part VIII, section 2, and this concerns the price war which forms part of this motion. Much has been said about the price war which has gone on during the past couple of weeks. In the past 15 years the numbers in the independent grocery trade have decreased from 17,000 to about 8,500. This is not unique to this country; it is widespread throughout Europe, but with the difference that in the past number of years our European colleagues took corrective action to arrest that decline. They did it for two reasons, one positive and one negative. The positive reason was to create real competition in the trade, and the negative one, to ensure that the monoplies would not be created.

Here we are in 1981 when we have reached the stage where our grocery trade is monopolised, where five companies have a market share of 50 per cent of the total, the other 50 per cent being in the hands of the remaining 8,500 independent retail outlets. In other countries in the EEC they did not allow the percentage of market share to rise to that degree before taking corrective action. We have reached that stage now. The question is, do we allow that slide to continue, do we allow that monopoly to build up, or do we not allow it? If not, what action will we take?

I am glad to say that this side of the House have put their cards on the table. We have given an undertaking publicly that we will introduce a Private Member's Bill containing provisions that I hope would result in corrective action being taken to arrest the decline in the independent sector of the trade, secondly, that would ensure proper, ordered planning of the grocery industry and, thirdly, that would ensure real and lasting competition in the industry resulting in the most fair deal possible for the consumer.

Since the price war started there have been noises made in certain localities regarding the benefits accruing to a community from the existence of a supermarket in that community. Generally speaking, the consumer lobby has been very responsible in coming out publicly and saying that in the long term this is not a good thing for consumers. This has been said by the Consumers' Association of Ireland, the ICA and the Irish Housewives Association who collectively represent the largest consumer lobby. It is not only from the distributive trade sector, it is not only from the RGDATA people who have a vested interest in this matter that we are hearing howls of derision and objection. It is from people who have not a vested interest other than being consumers seeking the best bargain possible.

The price war goes a little further than the effect on prices and the effect on the independent retail outlets. We have only to look around us to see the volume of imported commodities, particularly food, now adorning the shelves of many of the major supermarkets. This is happening at a time when our balance of payments is in an unhealthy state, when unemployment is rising and when we could do with some incentive to encourage home industry and home purchasing.

On that point I come back to the Restrictive Practices legislation which states that the wholesale and retail trade must furnish details of grocery goods imported within 14 days. This is to ensure that they import reasonably and do not go beyond what is allowed. However, a further provision in that legislation states that it is not necessary to do this if the goods are of the same kind as other goods for which a statement has been furnished to the Examiner of Restrictive Practices. In other words, if I import a commodity called X for which I furnish a statement, it appears from the provisions of the legislation that I can keep on importing commodity X until I am blue in the face. As long as I do not import article Y, there is no restriction on the volume or amount I import.

In 1981 we are faced with a serious problem in the retail trade industry. The Restrictive Practices Commission during the course of 15 months prepared a report which they delivered to the Minister for Industry, Commerce and Tourism. Their remit was to comment and report on undercost selling. I appreciate that the Minister must consider the contents of the report and must ensure that whatever he extracts from it is worth while and will have a good effect on the industry but it is beyond the bounds of reasonableness to expect that it would take him nearly five months to report to the House and to the trade on what he intends doing. It is now a question of what he will do rather than when he will take action. No matter when he reports, unless the recommendations made by him are worth while and to the point he might as well forget about the report of the Restrictive Practices Commission.

The nub of the problem is undercost selling. Multinationals went to suppliers and manufacturers and, under the pressure of volume purchasing, they extracted from them terms they were not entitled to in the first place and which could not be availed of by the independent retail trade. They got the terms and, of course, like everything else, somebody must pay for concessions given. It was the independent grocer who paid for the concessions.

Debate adjourned.
The Dáil adjourned at 8.30 p.m. until 10.30 a.m. on Wednesday, 25 February 1981.
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