The Programme for Government includes a commitment to:
Ensure fairness, equity, and transparency in the food chain by establishing a new authority called the National Food Ombudsman (NFO) to enforce the Unfair Trading Practices Directive. This new authority will enforce EU-wide rules on prohibited unfair trading practices in the food supply chain and will have powers to enforce this Directive, penalising those who breach regulations. The NFO will have a specific role in analysing and reporting on price and market data in Ireland.
Directive (EU) No. 2019/633, the Unfair Trading Practices (UTP Directive), must be transposed into Irish law by 1 May 2021. This can be done by way of a Statutory Instrument, but any measures that extend beyond the minimum harmonisation requirements of the UTP Directive will require primary legislation.
Therefore, I propose to adopt a two-step approach to this commitment.
Firstly, my officials are currently drafting a proposal for an Statutory Instrument to directly transpose the UTP Directive as it stands. Secondly, the legal requirements for the establishment of a new Office of a Food Ombudsman are also being considered, including the requirement for primary legislation in order to give that Office additional powers going beyond those in the UTP Directive.
