Andrew Doyle (Wicklow, Fine Gael)
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I will use three minutes of my time and give two minutes to my colleague, Deputy Tom Sheahan, our spokesperson on fisheries.

I am grateful to the Ceann Comhairle for accepting this Adjournment matter. It is on foot of a recent court case which saw 42 alleged breaches of the Food Safety Act brought against a well known fish company involving 22 packets of salmon which had been tested. The DNA evidence concluded that they were from farmed fish stock but on a point of law the judge ruled that she could not convict on the basis of the evidence before her. I understand the point of law was that it was not proven beyond doubt that the farmed fish had not escaped into the wild before they were caught, which is a moot point.

The temptation to mislead in this case goes to the wider issue of food labelling. Food labelling has been on the agenda here for the past 12 months, particularly on foot of the pork crisis which proved that more comprehensive food labelling is needed if we are to mitigate against such serious financial, marketing and reputational damage to the country's food industry such as we saw last year. A total of €40 per kilo is the price differential at retail level between farmed salmon versus wild salmon — €16.46 to €55.90. The temptation exists, therefore. This issue arose previously, following on from the pork crisis, regarding hampers that were being sent to America by another Irish company. It transpired that the hampers did not contain any Irish bacon.

The Food Safety Authority of Ireland has called for changes to food labelling. It has said it encounters many complaints. I know they are not usually to do with the question of wild versus farmed salmon but Ireland has a fantastic reputation for our wild salmon, hence the price of almost €60 per kilo, and anything that throws that reputation into doubt must be stopped. The FSAI stated also that there is a lack of legislation on which to base prosecution.

Agri Aware did a survey last year which indicated that fewer than one in five people in the country was happy with food labelling. A total of 80% considered that our agrifood industry, which includes our fishing industry, had a reputation worth preserving. We discussed this briefly this morning but it must be addressed. The court case findings and ruling by the judge must be analysed to see if we can address this situation to ensure it does not happen again.

Tom Sheahan (Kerry South, Fine Gael)
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Why do we need labelling for fish products? Cork Airport is now the busiest fish port in the country, with fish being imported by plane. It is a sad state of affairs in an island nation. Irish people will buy Irish goods but there must be effective labelling, stating what the product is, if it is fresh, farmed or wild, its origin and where it was processed. In my former life as a butcher, any beef in my shop showed the date of birth of the cow, the producer, the herd number, animal number, date of slaughter and the licence number of the abattoir where it was slaughtered. We are not asking for that amount of detail for fish but the Irish consumer deserves to know what he is putting on the table. There must be information on country of origin, the product, where it was processed and who produced it.

It is projected that the pork dioxin scare will cost €180 million and a percentage of that will be paid for pork that was not Irish because it was not traceable and we cannot determine its origin. This is why effective labelling is necessary.

Tony Killeen (Clare, Fianna Fail)
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Gabhaim buíochas leis an Teachta as deis a thabhairt dom freagra a thabhairt ar an ábhar tábhachtach seo. Aontaím leis an méid atá ráite ag na Teachtaí.

The issue of labelling of fisheries products is governed by statutory instrument under EU regulations. The regulations set out specific information which must be included on the label where fishery products are sold at retail level to consumers. In addition, for the purposes of traceability, this information must be included on the commercial documents for the fishery products throughout the marketing chain, such as during processing, at wholesale level and for use by mass caterers.

The labelling requirements of the regulations apply only to raw fish and aquaculture products to which no other ingredients have been added except salt, and include live fish; fresh, chilled and frozen fish; fish fillets and other fish meat, whether minced or not; dried, salted or brined fish; smoked fish, whether hot or cold smoked fish; crustaceans, except those which are both cooked and peeled; and molluscs, except when cooked. Processed products such as breaded fish fillets, crab sticks, ready-to-eat dishes or tinned fish are not covered by the regulations.

The fishery and aquaculture products listed above which are offered for retail sale to the final consumer must indicate on the label the commercial designation of the species of fish, the production method, whether farmed or caught at sea or in freshwater and the catch area. These requirements apply only to products for retail sale to the final consumer. In other words, these rules apply to products which are sold at retail level whether they are pre-packaged or sold loose over the counter.

These labelling requirements do not apply to small quantities of fishery products sold directly to consumers by either fishermen or producers provided these products do not exceed the value of €20 for each purchase.

The method of production — the means by which the fish have been obtained — must be also indicated on the product, in other words, whether they have been caught either at sea, or produced by aquaculture. The production method must be declared as follows: "caught" where the fish were caught at sea or "cultivated" or "farmed" where the fish are produced from aquaculture.

The catch area must be indicated as follows. Products caught at sea must detail the name of the area where they were caught according to Appendix VIII, such as "north-east Atlantic". This is the minimum amount of information that must be provided. However, in addition, more detailed information regarding these catch areas may be also given, for example, fish caught in the Irish Sea must declare "north-east Atlantic" but additional information such as "caught off the east coast of Ireland" may be also declared.

Farmed products must reference the member state or third country in which the product undergoes the final development stage. For example, if a fish started its life in Scotland and underwent final development in Ireland, the labelling could state "farmed Irish fish" or similar. Where the product is farmed in more than one member state or third country, the member state where the product is sold to the final consumer shall authorise which member state or third country is to be indicated.

In July 2008, in response to industry concerns arising from falling quay wall prices, rising fuel costs and a view that imports were impacting on demand in the domestic market for wild Irish caught fish, I established the Irish Seafood Market Initiative Group. This group recently reported its key recommendations. These included recommendations that the BIM quality seafood programme should be the primary approach to identifying and differentiating Irish seafood. This programme will raise consumer awareness on the range of available Irish seafood. A promotional campaign should be developed in 2009, to raise awareness across a range of available yet under-utilised and less recognised species from fisheries and aquaculture. The opportunity for regional identification and branding of Irish seafood should be developed. Seafood should be included in the draft proposal being prepared by the European Commission aimed at consolidating and upgrading food labelling legislation. BIM is actively working with the industry to endeavour to make these recommendations a reality as soon as possible.

One recent case that received some media attention was dismissed not for salmon labelling issues but because the judge felt the evidence put before her did not adequately prove that the salmon was farmed as set out in European Council Regulation 1198/2006. The FSAI and the SFPA are reviewing the case in its totality and the implications arising. I also refer to a case earlier in the same month, where the same company admitted falsely describing fish as being "caught at sea" when they were in fact farmed and declaring that particular fish were caught in the north-east Atlantic Ocean when they were in fact captured in Norway.

This shows that the present labelling legislation can provide the necessary strength to protect consumers. The importance of not misleading the consumer is a fundamental requirement of food legislation and cannot be over emphasised. The damage done to Ireland by companies trying to manipulate legislation to gain some sort of competitive advantage to the detriment of Ireland cannot and will not be condoned.

In the overall context, I favour strengthening of the current labelling EU regulations to ensure that there is more information available to the consumer. I am particularly interested in ensuring that the consumer has enough information to understand where fish have been caught. It should enable the consumer to make an informed choice and I will pursue these issues at EU level.