Dáil debates

Wednesday, 24 May 2023

Agriculture and Food Supply Chain Bill 2022: Report Stage (Resumed) and Final Stage

 

4:57 pm

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

I was addressing this Sinn Féin amendment. The Minister had indicated he would accept the amendment while proposing some amendments to it. I welcome the amendment and the fact the Minister is accepting it. The amendments he will propose make eminent sense. I had outlined how cumbersome it would be to take a criminal prosecution. I welcome the fact there is the possibility of a criminal prosecution because it is a deterrent, but is it clear who will prosecute the offence? I did not think it was. Is it prosecutable by the Director of Public Prosecutions? Is it prosecutable at the behest of the regulator? I am not certain. In any event, a criminal prosecution is an onerous endeavour that would potentially tie up the regulator. I welcome the fact that the possibility of criminal prosecutions is there. However, I do not think it achieves the purpose of this legislation, which is to obtain information. There should be a civil enforcement mechanism alongside the criminal one. While I welcome the amendment, it is unusual for a regulator to only have the power of criminal enforcement and not to have any civil enforcement mechanism. The regulator should be able to forget about the criminal issue and ask for any relevant information. The regulator should have the power to go to court to get access to the relevant information but it does not have that power. I welcome the amendment but more is required.

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