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

I support this amendment and urge the Minister to support it. The amendment itself is fairly simple, but it goes to the heart of a debate that has been going on for a number of years. I have recounted that I have followed this Bill from its very inception, because I was part of the deliberations at the European Parliament and trilogue discussions in respect of the EU directive on unfair trading practices. As has been recorded in this House on a number of occasions, I voted against it on the basis that I did not think it was strong enough, as well as the fact that it did not include a ban on the below-cost selling of fresh food produce across the European Union. I believed that would have been the greatest single opportunity to make a discernible difference to both farmers and consumers and to ensure we have fairness and transparency across the sector.

Of course, the greatest opponent of that at that particular time was the person who Ireland had sent to represent us at the European Commission, Phil Hogan. He vociferously rejected that on the basis that such measures were best implemented at a domestic level. I argued against that. Particularly because of issues regarding below-cost selling, I felt they would be best and most effective on an EU-wide scale. I also cautioned that some Governments would take a minimalist approach.

Many of us were very concerned when the unfair trading practices office was first established in the Minister’s Department. Essentially, for most of its inception, it spent nothing on anything other than the payment of its staff. It did not investigate cases and did not receive complaints. When that was followed by the heads of this Bill, a huge amount of concern was shared across parties, particularly by the members of the Joint Committee on Agriculture, Food and the Marine. Subsequent to that - I am on record as saying this - the Minister made very welcome changes on foot of the report compiled by the committee on the draft legislation that was then presented.

It was a significant improvement. Likewise, the Minister's engagement at committee level was welcome. We secured agreement on a number of what I would consider to be important amendments. All of that is welcome. However, the fundamental deficiency remains in regard to the ability of the regulator actually to regulate. Therein lies the need to insert this clause, which would empower the regulator to investigate anticompetitive actions in the agrifood supply chain. That is crucially important because it goes to the heart of the issues that have been raised with us since the days when farmers took to the gates of factories throughout this State. I firmly believe there are anticompetitive behaviours. I would go as far as to say there are cartel-like behaviours operating particularly within the meat industry in this State. The difficulty is that it is the only area where randomly, we are told, every single Friday virtually all meat factories offer virtually the exact same price to every beef farmer. That is not natural. That is not a normal way of doing business. To disagree slightly with what one speaker said in regard to the CCPC having powers, it could be argued that the CCPC might have powers but will not use them. In fact when complaints were made in respect of the meat industry and the prices that farmers were receiving from the factories, the CCPC categorically said it had found that there were no anticompetitive practices going on. It was only subsequently when we engaged with the CCPC that we found out it had never actually engaged with the factories or the meat industry at all. This is bizarre. When we engaged with the CCPC it said that we had to bring it the evidence. That is the equivalent of going into a Garda station to report a suspected crime and being told by the garda to solve it and then come back to him or her.

We need a regulator that is focused on the agrifood sector. That is what is required in this instance. That is Sinn Féin's approach to this has always been. I welcome the fact that we will have this body established and that progress is being made. I welcome the fact that it is hopefully going to be operational quickly. We will support the legislation in order to establish it. However, there is a chance here to provide the regulator with the powers it needs to ensure we can address many of the consumer issues that have been prevalent over recent weeks and the unfair situation that farmers have been placed in for far too long. This is the opportunity to do it. If this regulator does not address it, I suspect a future Government will have to do it at some stage in the future, but let us get it right now. Under a Sinn Féin Government, strengthening the regulator will absolutely be a commitment. The Minister has gone a long way, but let us go the full way and give this regulator the power it needs to be able to regulate and support our primary producers.

See this speech in context