Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

As I said, I take the points the Deputies made in regard to the need for the regulator to have capacity to require the information, but I am satisfied the powers provided in the legislation, as it stands, to be able to do that by regulation will be strong enough and, importantly, flexible enough to ensure they can work efficiently and that the regulator can be empowered to get the information it needs.

Moreover, section 80(2)(g) clearly provides the Minister with the power to make regulations and provide, through regulation, for "the collection of price and market information to address issues of lack of transparency and information asymmetry in the food supply chain". In that context, very significant penalties will be in place where somebody does not comply with that. The section states, "A person who contravenes or fails to comply with a provision of regulations made under this section that is specified in the regulations to be a penal provision ... commits an offence and is liable, on summary conviction to a class A fine, or ... commits an offence and is liable ... on summary conviction, to ... imprisonment for a term not exceeding 6 months [as well as the class A fine] or ... on conviction on indictment, to a fine not exceeding the greater of €10,000,000 or 10 per cent of the aggregate turnover of the person in the financial year in which the offence was committed or to a term of imprisonment not exceeding 3 years, or to both."

That is pretty heavy. The objective of the legislation is to ensure this will be taken seriously, and the penalties where it is not taken seriously are severe. I believe the provisions we have in place will achieve that.

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