Michael McNamara (Clare, Labour)
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Small food businesses have assumed a new importance at a time when the creation and maintenance of one or two jobs might be the difference between a family staying in this country or emigrating. That was recognised by the Government in that one of its first initiatives was to reduce VAT paid by people in small food businesses to enable them to become more competitive. It was a relatively modest jobs proposal but it has shown benefit already. We have an increase in employment, albeit small. While it is not of the scale we wish to see, nevertheless, this sector is providing an increased number of jobs.

The issue I raise is whether we require the level of regulation, inspection and enforcement in respect of small, household, family-run food businesses, or if a less strict regime is possible without compromising public health. There is now a trend across Europe towards simplifying legislation under the banner of “smarter rules for safer food”. Earlier this month, Tonio Borg, the European Commissioner for Health and Consumer Policy announced a legislative package which aims to prevent the spread of communicable, animal-based diseases and foreign pests to European crops, and to simplify the large number of measures governing food safety in the European Union, a package that would reduce food safety legislation from the current 70 laws to five to ease compliance. In this regard I suggest that the Government should examine existing legislation, both national and EU-derived, to see whether we could introduce a new statutory instrument to bring all the legislation together and codify the various strands of legislation involving numerous State agencies.

Undoubtedly, significant and overly cumbersome demands are placed on small food businesses. Farmers' markets operate throughout the country in which people sell produce from their own kitchen. Are they to be subjected to this level of registration? Surely there is a labelling mechanism by which people could be told that a product was produced in the home and that one would not expect it to be produced in compliance with the same standards that apply, for example, to McDonalds, which operates across continents. It is a question of labelling. The European Commission is beginning to acknowledge that what we need is better labelling. There must be an element of caveat emptor - let the buyer beware.

I will give the Minister an example.

Deputy Dooley would know the food business to which I am referring because it is located in the part of the county that he and I are from. I will not name the business because it would be improper of me to do so. A review of that business on TripAdvisor, written by a visitor from Caledonia in New York, reads: "Even though busy when we arrived we were given prompt, friendly service and a very good, reasonably priced meal." Another review, posted in February 2013 by a visitor from Yuma, Arizona, reads: "I only had a small sampling of their food, but it was enough for me to go again if I'm ever in the area." That particular business employes numerous students in east Clare. Indeed, it is a very valuable source of employment in the area. Fast forward several months and the same business receives an order from the HSE, under the European Communities (Official Control of Foodstuffs) Regulations 2010, SI 117 of 2010, ordering that the vegetable store and the fuel store only be closed. For the love of God, the fuel store, that is, the place where the fuel is stored, is closed by the HSE. Has it nothing better to do? Has this Government any intention to simplify the regulations that apply to such small businesses?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I wish to apologise on behalf of the Minister for Health, Deputy Reilly, who is unable to respond to this issue personally.

As Deputy McNamara has indicated, the success of Ireland's food sector can be attributed in no small part to our reputation as a provider of safe, high-quality food. This reputation has been copperfastened by the speed of our reaction to recent incidents involving equine contamination of meat and dioxin contamination of pork products. It is important, therefore, for us to ensure Irish products are checked regularly and any deficiencies addressed to maintain Ireland's reputation as a world-class provider of high-quality, safe food.

The contribution of small and medium enterprises, SMEs, is fundamental to the success of the Irish food industry. Over 90% of Irish food business operators fall into this category. With much of our food safety legislation developed at EU level, the Departments of Health and Agriculture, Food, and the Marine at all times look to ensure that the needs of SMEs are taken into account fully when discussing legislation at EU working group level. This has resulted in certain exemptions being set for smaller companies in such areas as labelling and food hygiene and reduced regulatory requirements applying to a range of small businesses, including butchers and retail caterers.

Detailed guidance notes for SMEs have also been developed and published by the Food Safety Authority of Ireland covering such matters as the implementation of hazard analysis and critical control point, HACCP, principles. In line with this Government's aim to substantially reduce the administrative burden on SMEs, the FSAI has also introduced as much as possible online facilities in respect of many of its services. The FSAI has developed guidance for agencies to reduce the number of cases where food businesses were supervised by more than one set of food safety inspectors. This cross-agency guidance has succeeded in clarifying supervision arrangements and reduced the regulatory burden directly. The FSAI has also developed a number of fora through which SMEs can provide feedback on issues such as regulation, including the food service forum, the retail forum and the artisan food producers forum. Perhaps the business to which Deputy McNamara referred might take the opportunity to link in to one or more of these fora. Regulatory issues are discussed at these fora and the options for flexibility in meeting legal requirements are explored. It is also worth pointing out that Ireland does not charge the food industry for the costs of official controls, except where such charges are mandatory.

I will bring the matter that Deputy McNamara has raised to the attention of the Minister for Health and of the Minister of State at the Department of Jobs, Enterprise and Innovation, Deputy Perry, who has responsibility for small business and regulatory controls.

Michael McNamara (Clare, Labour)
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I thank the Minister for his very positive and constructive reply. Undoubtedly, good food, good hygiene and honest labelling are essential to consumer confidence and must be maintained. However, the complexity of the legislation and reporting which is required from very small businesses must be examined. I know of a person quite close to my home who was making home-made brown bread but the HSE closed the business down because the kitchen was too small. It was just a kitchen in a home but if it is home-made brown bread, where does the HSE think it is going to be made other than in a home?

Mattie McGrath (Tipperary South, Independent)
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Hear, hear.

Michael McNamara (Clare, Labour)
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This is a matter of labelling and clearly stating that something is home-produced, like eggs, for example. I remember, as a child, when too many eggs were produced on the farm in the summer, they were brought to the local co-op to be sold. Obviously, we were not subjected to the same degree of regulation or maybe we were but acted unlawfully in selling off those extra eggs. If we did, I do not think we did anything wrong. While I acknowledge that regulation is required, we cannot go too far without strangling small businesses. We need to allow food businesses, particularly small kitchen enterprises, to develop.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I subscribe to the sentiments expressed by Deputy McNamara. It is a constant battle to reduce the regulatory approach that some of our agencies take in respect of small businesses, particularly in the food sector. Deputies in the House from rural constituencies will share my view that it is often difficult to explain to small businesses why so many inspections take place in the food area. However, there is a price to be paid if we do not get things right vis-à-vis food and hygiene, as was shown in recent times. The fora to which I referred earlier can provide businesses with an ideal opportunity to bring these matters to the attention of the Minister of State, Deputy Perry, and the Minister for Health, Deputy Reilly.