Michael McNamara (Clare, Labour) | Oireachtas source

Small food businesses have assumed a new importance at a time when the creation and maintenance of one or two jobs might be the difference between a family staying in this country or emigrating. That was recognised by the Government in that one of its first initiatives was to reduce VAT paid by people in small food businesses to enable them to become more competitive. It was a relatively modest jobs proposal but it has shown benefit already. We have an increase in employment, albeit small. While it is not of the scale we wish to see, nevertheless, this sector is providing an increased number of jobs.

The issue I raise is whether we require the level of regulation, inspection and enforcement in respect of small, household, family-run food businesses, or if a less strict regime is possible without compromising public health. There is now a trend across Europe towards simplifying legislation under the banner of “smarter rules for safer food”. Earlier this month, Tonio Borg, the European Commissioner for Health and Consumer Policy announced a legislative package which aims to prevent the spread of communicable, animal-based diseases and foreign pests to European crops, and to simplify the large number of measures governing food safety in the European Union, a package that would reduce food safety legislation from the current 70 laws to five to ease compliance. In this regard I suggest that the Government should examine existing legislation, both national and EU-derived, to see whether we could introduce a new statutory instrument to bring all the legislation together and codify the various strands of legislation involving numerous State agencies.

Undoubtedly, significant and overly cumbersome demands are placed on small food businesses. Farmers' markets operate throughout the country in which people sell produce from their own kitchen. Are they to be subjected to this level of registration? Surely there is a labelling mechanism by which people could be told that a product was produced in the home and that one would not expect it to be produced in compliance with the same standards that apply, for example, to McDonalds, which operates across continents. It is a question of labelling. The European Commission is beginning to acknowledge that what we need is better labelling. There must be an element of caveat emptor - let the buyer beware.

I will give the Minister an example.

Deputy Dooley would know the food business to which I am referring because it is located in the part of the county that he and I are from. I will not name the business because it would be improper of me to do so. A review of that business on TripAdvisor, written by a visitor from Caledonia in New York, reads: "Even though busy when we arrived we were given prompt, friendly service and a very good, reasonably priced meal." Another review, posted in February 2013 by a visitor from Yuma, Arizona, reads: "I only had a small sampling of their food, but it was enough for me to go again if I'm ever in the area." That particular business employes numerous students in east Clare. Indeed, it is a very valuable source of employment in the area. Fast forward several months and the same business receives an order from the HSE, under the European Communities (Official Control of Foodstuffs) Regulations 2010, SI 117 of 2010, ordering that the vegetable store and the fuel store only be closed. For the love of God, the fuel store, that is, the place where the fuel is stored, is closed by the HSE. Has it nothing better to do? Has this Government any intention to simplify the regulations that apply to such small businesses?

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