Sorca Clarke
Ceist:136. Deputy Sorca Clarke asked the Minister for Agriculture, Food and the Marine his proposals for the sanction of those found in breach of unfair trading practices. [53202/22]
Amharc ar fhreagraTuesday, 25 October 2022
Ceisteanna (136)
Freagraí scríofa
The Unfair Trading Practices Enforcement Authority within the Department of Agriculture, Food and the Marine (DAFM) currently has statutory responsibility for enforcing the Unfair Trading Practices Regulations (S.I. No. 198/2021 – European Union (Unfair Trading Practices in the agricultural and food supply chain) Regulations 2021). This Regulation transposed into Irish law EU Directive 2019/633 on unfair trading practices in business-to-business relationships in the agricultural and food supply chain.
If the Enforcement Authority is of the view that the UTP Regulations are not being or have not been complied with, it may issue a compliance notice requiring the buyer in question to bring the unfair practice to an end. Failure to comply with a compliance notice is an offence.
A person who commits an offence under these Regulations is liable –
- on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months or to both, or
- on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding three years or to both.
While these are the current rules, the General Scheme of a Bill to establish a new independent statutory Authority to be known as the ‘Office for Fairness and Transparency in the Agri-Food Supply Chain’ was approved by Government on in March 2022. My intention is to repeal the current UTP Regulations and to use the enabling provisions in the Bill to provide for the transfer of responsibility for UTP enforcement functions from the Department to the remit of the new Office.
As the Deputy may be aware, the drafting of this primary legislation which is required to establish the new Office has been progressing and the Bill was submitted to the Joint Oireachtas Committee on Agriculture, Food and the Marine for pre-legislative scrutiny.
I received the Committee's report on the Bill on 6th October and I am examining their recommendations with a view to presenting in a timely and considered manner an updated final draft of the Bill to the Houses of the Oireachtas.