Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

Yes, I propose a couple of consequential amendments on that, but I will be following through on the commitment I gave. I said to Deputy Carthy that if the amendment were to be resubmitted, as I indicated, starting from the word "seek", I would be happy to accept it.

The word that has been used is "authorised". The amendment currently states that "the regulator shall be authorised to seek". By saying "shall be authorised", you then need to define who authorises, how one authorises etc., but by simply getting rid of "shall be authorised" and starting with the word "seek", the Bill will immediately authorise, because the legislation will provide that authorisation. Whereas if you say "shall be authorised", you will then have to put an authorisation process somewhere in the Bill and detail how you will go about doing that. I said to Deputy Carthy on Committee Stage that if he resubmitted the amendment starting with the word "seek" then I would accept it.

I will go through and explain some of the other amendments that are consequential on that. I am accepting amendment No. 14, subject to my own amendments Nos. 1to 4, inclusive, to amendment No. 14. I want to ensure that the linked amendments No. 16 and 25 are also accepted. Amendment No. 16 is new and is needed for commercial sensitivity. Amendment No. 25 is also needed to provide for regulation-making power to compel.

To give an explanation, first in regard to amendment No. 1 to amendment No. 14, as I said, I advised on Committee Stage that I would accept an amendment similar to the amendment that is now being proposed by Deputy Kerrane. She has come forward with that. However, I have outlined the changes and I will take them from the start. Amendment No. 1 to amendment No. 14 proposes to delete the words "the regulator shall be authorised to". I have explained that.

Amendments Nos. 2to 4, inclusive, to amendment No. 14 are three relatively minor technical drafting amendments that I am proposing to the amendment that has been tabled by Deputies Kerrane and Martin Browne. These are necessary for the correct reading of the Bill and are based on advice from the Bills Office and the Office of the Parliamentary Counsel. They are linked to the need to fit in with the opening subsection (3) text. Therefore, my amendment No. 2 to amendment No. 14 substitutes the Deputy's term "agri-food" with the words "agricultural and food" so that the amendment reads as follows: "In paragraph (d), to delete “agri-food” and substitute “agricultural and food”".

My amendment No. 3 to amendment No. 14 in paragraph (d) is to remove the "and" after subsection (vii). It includes a full stop instead of a comma. The amendment therefore reads, "In paragraph (d), to delete “(vii) salary, and” and substitute “(vii) salary.” My amendment No. 4to amendment No. 14 replaces the letter "e" in amendment No. 14 and presents the text of the subparagraph (e) as a new subparagraph (4), with no change to the text. The amendment therefore reads as is laid out.

I am also proposing a linked consequential amendment No. 16. This is still in section 12. It arises from amendment No. 14. My amendment No. 16 is very similar to an amendment that was tabled by Deputies Carthy and Martin Browne on Committee Stage. I mentioned on Committee Stage that I considered that it needed careful legal scrutiny and that I needed to reflect further on the proposed amendment in the context of other confidentiality provisions in the Bill. I have now examined the Bill as it stands following Committee Stage and I am proposing amendment No. 16 because I consider it necessary in order to ensure there is no legal ambiguity between the amendments proposed by section 12(3)(d) if they are accepted.

An existing section 51 of the Bill deals with the disclosure of information. I am therefore proposing the following amendment to section 12, creating a new subsection (7). That amendment states:

"In page 11, after line 33, to insert the following: "(7) Where the regulator believes that data relating to a business obtained under paragraph (d)* of subsection (3)is or is likely to be of a commercially sensitive nature and is not in the public domain, the regulator shall not publish the data without the consent of the business (notwithstanding section 51).”

Finally, I am proposing a further linked amendment No. 25 on section 82(g). Section 82(g) provides that the Minister with regulation powers for "the collection of price and market information to address issues of lack of transparency and information asymmetry in the food supply chain". The amendment reads:

"In page 53, line 21, after “chain” to insert the following: “(which may, in particular, include provision allowing the regulator to compel the provision of information referred to insection 12(3)(d)*)”."

This amendment is solely about ensuring that the regulator has the powers to access data it requires. It is a consequential amendment arising from the Opposition amendment to section 14(d) and also to section 17(4) as there was a risk of ambiguity arising from the Bill from those amendments. It was therefore necessary to clarify the powers of the Minister to make regulations on the collection of price and market information. I think this should all be in order.

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