An interim board was established to oversee the management of the ancillary businesses and to make arrangements for their sale. On 30 December last the milk boards were abolished and the National Milk Agency came into being. In late April and early May this year the former milk boards' ancillary businesses were sold as going concerns and, on the sales, some 80 staff who had not applied for early retirement transferred to the employment of the new owners.
The National Milk Agency is comprised of a part-time chairman and 12 ordinary members. These are representative of milk producers, processors, distributors, retailers and consumers. The first members of the agency were appointed on the nomination of interest groups for each category of member. Of the 12, five were producers' representatives, four were representatives of the processors, while consumer, retailer and distributor interests each nominated one member.
The purpose of the agency is to regulate the market in such a way that the consumer is guaranteed fresh drinking milk throughout the year. The drinking milk industry must be supplied all year round and has evolved a pricing structure to compensate producers for the higher costs entailed in winter milk production. The mechanism by which the agency regulates the supply of milk for liquid consumption involves the registration of what are termed liquid milk producers, all drinking milk pasteurisers and of the contracts made between them for the supply of milk.
While the Act provides that the first producer representatives shall be appointed by the Minister on the nomination of producer interests, it goes on to state that "in the year of establishment of the Agency" the Minister must appoint a day for the election of producer representatives and prescribe the manner of election. All producers registered with the agency on the first day of the month before that in which the election takes places are eligible to vote in this election. The persons elected must be registered with the agency to hold their place as producer representatives.
This provision is based on the assumption that, by the time an election is called, the agency will have established a comprehensive register of producers. However, because of start-up difficulties outside the control of the agency which were not foreseen when it was established, it has not proved possible to register the vast majority of producers in the year of establishment of the agency. Accordingly, it was not possible to conduct a legitimate election of producer representatives within the timescale envisaged by the Act.
To overcome this problem it is proposed to amend the Act to provide that all the existing representatives, both of producers and, for reasons I will explain shortly, the representatives of the other interests, should continue to hold office until sufficient producers are registered to facilitate holding an election. Both farming organisations have requested the amendment to allow the impasse to be resolved. The amendment, as set out in this Bill, is a small but necessary measure which received the support of both sides of the House when it was passed by Dáil Éireann on 13 December last.
The Act also provides that "in the year of establishment of the Agency" the Minister shall again appoint processor, distributor, retailer and consumer representatives on the nomination of the relevant interest groups. At this stage the processor representatives must be processors who are registered with the agency. However, because of the difficulties I mentioned earlier about there being so few processors registered at the relevant time, it was not possible to obtain a sufficient number of valid nominations to fill the number of places available for processors in the agency.
Therefore, it is necessary to amend the provision of the Act relating to the appointment of processor representatives on the same lines as applies to the election of producers. In the circumstances, commonsense dictates that the appointment of the other three members should be synchronised with that of producers and processors, as envisaged by the Act.
Accordingly, it is proposed to effect this slight technical amendment to the Act which will provide that the election of producer members and the appointment of all other members should take place not in "the year of establishment of the Agency" as provided for at present, but as soon as is practicable in 1996. It is to effect this amendment that the present Bill has been drawn up. It is purely intended to overcome a practical problem and has no policy implication.
Before concluding, there is one slight correction to the text which I must ask the Cathaoirleach to authorise under the Standing Orders of this House. In section 1 of the Bill, which defines the Principal Act as being the Milk (Regulation of Supply) Act, 1994, the words — The Principal Act — should be in inverted commas. I would be most grateful if this correction could be effected.