Oireachtas Joint and Select Committees

Wednesday, 8 February 2023

Select Committee on Agriculture, Food and the Marine

Agricultural and Food Supply Chain Bill 2022: Committee Stage

Photo of Matt CarthyMatt Carthy (Cavan-Monaghan, Sinn Fein) | Oireachtas source

I move amendment No. 7:

In page 11, line 17, after “to” to insert “the full breadth of”.

This amendment involves what the Minister might call a broad point. It is to include the term "the full breadth of" the market chain. It is linked to the amendment that was ruled out of order. Its purpose is to ensure business-to-consumer relationships are included in the regulator's work.

Amendment No. 8 is the most important. It goes to the heart of what we need the regulator to do. It inserts:

(d) in support of the regulator’s activities, the regulator shall be authorised to seek from businesses within the agri-food supply chain any data

impacting upon price and margins considered necessary, including—

(i) prices paid and received,

(ii) margin,

(iii) financial and accounting data,

(iv) throughput of agricultural produce,

(v) data in relation to policy and procedure,

(vi) employment status,

(vii) salary,

and

(e) data referenced under paragraph (d)may be in paper or electronic form[...].

Amendment No. 14 would insert the following additional paragraph:

The regulator shall report to the Minister within 12 months of its establishment date as to its ability to acquire data under ... [a previous section], and make any appropriate recommendation so as to ensure the regulator is empowered to access or seize such data as it requires to meet its obligations.

This speaks to many people's fear about the original language in the heads of Bill that the regulator would be able to collate publicly available data when what is required for a regulator to be effective is for him or her to be able to gather new data in respect of the role of dominant processors and retailers in particular. Therefore, the regulator shall have the authority, if this amendment is accepted, to seek all the information that is sought. The amendment provides that, in the event that the regulator feels he or she requires additional powers in order to be able to fulfil that role, he or she would report to the Minister in order to make that known to the Oireachtas.

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