Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I will deal with the last point Deputy Calleary made. I am considering some further refinements to the definitions and provisions of Part 6. I will revert on Report Stage.

I will consult on the possibility of making a statutory instrument giving the Minister flexibility. There may be the view in the Office of the Parliamentary Counsel that it would be straying beyond what should properly be in regulations and would constitute sufficient change in the operation of whatever sector is involved that it should not be done by secondary legislation. In light of the point made, I will seek advice on it.

I will now deal with the amendment. I note that Deputies Tóibín and Calleary are calling for the inclusion of garden plants within the scope of the definition of grocery goods under the terms of the Bill. For the purpose of the Bill, the term "grocery goods" means any food or drink that is intended to be sold for human consumption, which can include items such as any substance or thing sold or represented for use as food or drink for human consumption, or any substance or thing sold or represented for use as an additive ingredient or processing aid in the preparation or production of food or drink for human consumption. It also includes intoxicating liquors, household cleaning products and toiletries. Items such as garden plants go beyond the scope of the meaning and definition contained in the Bill for grocery goods. The public consultation process undertaken on this issue in recent years did not elicit any such proposals, although it is clear that many relevant grocery goods undertakings may sell garden plants along with grocery goods as part of their overall offering to consumers. It is worth recalling that the inclusion of such products under the regulations would mean that a new cohort of businesses such as large garden or DIY-type retailers, suppliers and wholesalers would now come within the definition of relevant grocery goods undertakings. None of these businesses would have engaged in the public consultation process on this issue heretofore, as the discussion centred on the traditional and previous definitions of grocery goods, which did not include garden plants. Thus, there would be an unforeseen extra administrative burden, in their view, imposed on them without any consultation. My initial reaction is not to accept this proposal, but given the importance of this element of the horticultural sector's output, I will reflect on it further in before Report Stage.