Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

A number of points have been made. I will come back to Deputy McNamara, who referred to the Grocery Goods Regulations, which were repealed in January 2021. There was a lot of engagement between my Department and the Department of Enterprise, Trade and Employment at the time. They were repealed because we at that stage adopted the Unfair Trading Practice, UTP, Regulations and set up an office within my Department pending the establishment of this statutory office. They very significantly overlapped with the UTP Regulations. That was the reason for that.

With regard to the amendment, the Bill as it stands provides for a wide range of types of unfair trading practices. Section 4, for example, refers to regulations. The section is concerned with the principles of the regulation-making powers of the Bill. There is, therefore, capacity to make further regulations as required. I believe that is the appropriate way to do it, in terms of how we look forward and how we add to that. It provides the flexibility to make sure there is a level of detail, consideration and capacity to amend them as necessary and to make sure the new regulator can work effectively.

The regulation-making powers for unfair trading practices are dealt with in Part 3. In Chapter 2, for example, sections 57 to 65, inclusive, provide powers for the Minister to make regulations, including prohibiting specified practices that include the matters referred to in the Deputy's proposed amendment. For example, they include the power to make regulations on late payments under section 58(1). Short-notice cancellations are included in section 59(1). Unilateral changes to the terms of supply agreements are referred to in section 59(3). Section 58(2) deals with prohibiting a payment that is not related to sale of the agricultural and food products, etc. I am very satisfied that the matters referred by Deputy McNamara are adequately covered in Part 3. Section 58(3), for example, provides for prohibiting a payment for the deterioration or loss products while section 61 provides for prohibiting a refusal to confirm in writing the terms of a supply agreement. There are a number of other examples.

They key is that the legislation will establish the legal capacity and framework for the Minister by regulation to be able to, as we go along, identify additional practices that may need to be addressed, to put those into law and to give the food regulator the capacity to oversee them.

Most Deputies have turned their attention to this Bill over the past few days. However, many Deputies have been involved in this over a number of months. Indeed, many stakeholders have been working hard on this for months and have been feeding into it. There is a commitment from the Government to make sure this legislation drives on, delivers for farm families and delivers on transparency in the food supply chain. The commitment and dedication we have shown in putting this legislation together and working so hard to bring it to this stage will continue as necessary through the form of regulation. This Bill gives the current Minister and future Ministers the capacity to ensure this legislation works effectively.

For that reason, I do not believe the amendment is required. The significant content it outlines is covered and provided for in the Bill.

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