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Seanad Éireann díospóireacht -
Wednesday, 15 Feb 1956

Vol. 45 No. 13

Agricultural Produce (Cereals) (Amendment) Bill, 1955—Committee and Final Stages.

Section 1 agreed to.
SECTION 2.

I move amendment No. 1:—

To add a new sub-section as follows:—

(8) Before making an Order under this section the Minister shall first submit a draft copy of such Order to a committee representative of the growers of wheat with a request that such committee shall express their opinion on such order.

As this is a very important section of the Bill—it is, perhaps, the really important section of the Bill—it is desirable, having regard to the wide powers which are being given to the Minister under this section, that some provision should be included in the Bill to ensure that the utmost consideration is given before these powers are employed. I assume—I may not be correct—that the Orders made under this Bill by the Minister may be annulled by the House, as was the position under the Emergency Powers Orders. I should like to have confirmation on that point.

But, whether that is true or not, the powers are very substantial. They enable the Minister, not only to fix the price of wheat, but to make Orders in regard to the manner in which the grain may be disposed of, in regard to the marketing and storage of the grain and everything connected with the harvesting, sale and disposal of the crop. As this is permanent legislation and not merely a year to year enactment, I think this House should be careful to ensure that the best possible provisions should be included in it.

The provision which this amendment seeks to make is that, before making an Order under this section, the Minister shall first submit the terms of that Order to a committee representative of the growers of wheat, with a request that such committee shall express their opinion thereon. The Minister might say that it would be his intention and desire to meet representatives of the growers before taking any decision, but something more is needed than merely meeting the representatives of the growers.

I think he should lay before them the precise terms of the Order which he intends to make, so that they will know exactly what he is going to do. It would not serve any useful purpose if he were merely to meet the representatives of the growers, hear what they had to say, listen to them with all due courtesy and promise that their views would be considered, because the growers at the time would not be in a position to know what the Minister's intentions were. I think what happened in 1954 was that the growers, organised and unorganised, woke up one morning to find that an announcement had been made cutting their gross income by 15 per cent., and that Order was made at a time when everybody else's income was being increased.

The Minister may say: "Well, it is all right. I would be quite willing to meet the representatives of the growers provided I could know who they were and provided there was some machinery for electing such a committee." That would, perhaps, have been a valid argument up to this year, but, in recent months, a very representative and, I think, formidable organisation of farmers has been established. There are provisions in that organisation for the appointment of a grain committee to meet and confer which the Minister on matters such as this. Therefore, I think there is no valid objection on that ground.

It would, of course, be open to the Minister to say: "This amendment, as worded, is not entirely acceptable." I am quite willing to concede that, if the principle of the amendment is accepted, the exact drafting is not a matter of importance. What is of importance is that the growers should be informed of the terms of the Order which the Minister is about to make and should have an opportunity of discussing the exact provisions of that Order and of making recommendations thereon.

I am not suggesting—nor do I think that anybody in this House would suggest it—that the growers should have the final word. That would be an impossible position. In fixing the prices, the interests of the public as well as of the growers would have to be considered. Therefore, I assume that the only arrangement would be for the Government to have the final decision—unless, of course, the farmers or wheat growers were to be put in the same privileged position as civil servants who have their incomes fixed by an independent and disinterested tribunal: that is something which might be considered in regard to the fixation of agricultural prices, particularly wheat, milk or anything of that kind. Pending that, at least in this case, the growers should have the right to have before them, through their representative committee, a draft of the Minister's proposals so that they could express their views as to whether the proposals were right or wrong.

I must ask the Seanad to reject this amendment because, in the first place, it is administratively impossible to give effect to it. The amendment would place a statutory duty on the Minister to submit a draft copy of the Order to a committee representative of the growers of wheat. There is no such statutory body in existence.

If you attempted to submit an Order to a body representative of wheat growers, anyone could raise the question as to whether the body to which you had submitted it was, in fact, adequately representative of wheat growers. In fact, of course, it has always been the practice to discuss the contents of these Orders with growers and with a variety of other interests who are intimately affected by the provisions of the Order. Section 13 of the Bill provides:—

"Every Order made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the Order is passed by either such House within the next subsequent 21 days on which that House has sat after the Order is laid before it, the Order shall be annulled accordingly, but without prejudice to the validity of anything previously done under the Order."

For the reasons I have indicated, it would be administratively impossible to consult a representative of any vested interest affected by this Order in advance.

I would further suggest to the Seanad that we ought to walk warily in laying down principles that the Oireachtas, or Ministers acting under the authority of the Oireachtas, should ever be placed under a statutory obligation to submit their actions to the vested interests affected by them. It is a sensible thing for any Minister who is going to make an Order affecting any vested interest, whether it be powerful or weak, to hear the view of that vested interest before making the Order.

In the last analysis, however, the sovereign authority rests in Oireachtas Éireann and this is the body—the Seanad, the Dáil and the President— which is charged with the ultimate duty of legislating for the general good. It is not open to any individual vested interest to assert a pre-emptive right in a matter which affects a wide section of the community but the provisions of Section 13 of this Bill ensure that if reasonable regard has not been had to the legitimate interests of any group in the community—however small or however powerful—it is open to any member of the Seanad or to any member of the Dáil to put down a resolution and call for the annulment of anything that appears to have done substantial injustice to any person high or humble in the State.

I want the Seanad to be fully assured, however, that it is the invariable practice to discuss the provisions of these Orders with every interest which is affected by them before the Orders are drafted or made. I hope the Seanad will agree with me that that assurance, taken with the guarantees contained in Section 13, should prove adequate to ensure against the possibility of substantial injustice being done to anybody.

I should just like to say that I disagree with the Minister in regard to the impossibility of giving effect to this particular amendment. Administratively, I believe it is possible. Under many Acts passed by the Oireachtas, recognition is given to well-established organisations. When you have a seriously considered effort to organise the farming community and when that effort has been brought to fruition in the past year through the establishment of a very representative organisation, with every indication of permanence, in my view it would not be doing anything administratively impossible even to ask that the proposed legislation be submitted to a body representative of those people.

I know it is difficult to frame a section or sub-section to cover this point adequately, but if the Minister would accept the principle that this step ought to be taken, I think the drafting of the appropriate sub-section would not offer any insurmountable difficulties. Here again there could be consultation with the farmers' organisation on the matter.

The question could be adjourned until the Report Stage, if the Minister so desired, but I think it is time that the principle of consultation should be embodied in legislation. It is all right for the Minister to say that he will invariably consult with the interested bodies, but I do not think that any representative body of farmers knew of the Minister's intention in 1954 to cut the price of wheat until they heard the announcement over the radio, and I would be extremely doubtful if even the farmers members of the Minister's own Party were consulted in the matter. I think they received as great a shock as the wheat growers generally.

What the Minister objects to apparently in this amendment is the laying down of a statutory obligation on him to consult with the interests concerned. I would be inclined to join issue with him on that. The matter is so important that a statutory obligation should be laid on the Minister or on any other Minister who is likely to occupy that position in the future, because agriculture can never be put in exactly the same position as other interests. In other interests, you have a small number of very large units, for example, millers or merchants, or any other types of people — you have a rather limited number of people each with a substantial interest — but in dealing with farmers—wheat growers, for example — you are dealing with 100,000 small people, and if they have taken upon themselves the difficult task of establishing a united organisation—and they have done so — that organisation should be recognised in our legislation and that is why I am putting this amendment very strongly to the Minister.

I was not quite sure of the point in regard to the Order being annulled or not. It does give a certain safeguard, I admit, and I think that, while I would not be inclined to press this to a division, at the same time, it is a very important matter and I would like if the Minister would consider it, even if it were necessary to defer the Report Stage, in order to give it further consideration.

I am obliged to inform the Senator that I have considered it very carefully. If it were possible to meet him, I should be happy to do so, but, in the circumstances which I have outlined, it is not.

Amendment, by leave, withdrawn.
Sections 1 to 16, inclusive, agreed to.
First and Second Schedules and Title agreed to.
Bill reported without amendment.
Agreed to take remaining stages now.
Bill received for final consideration and passed.
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