Jennifer Whitmore (Wicklow, Social Democrats)
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81. To ask the Minister for Agriculture, Food and the Marine when the Agri-Food Regulator will be granted additional powers of compellability; and if he will make a statement on the matter. [36023/25]

Jennifer Whitmore (Wicklow, Social Democrats)
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The establishment of the Agri-Food Regulator was a very welcome move but the body clearly does not have sufficient teeth. The regulators themselves have requested additional powers. When will the body be granted additional powers of compellability and could the Minister make a statement on the matter?

Martin Heydon (Kildare South, Fine Gael)
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I thank the Deputy for raising this important issue. As she will be aware, the independent Agri-Food Regulator, established under the Agricultural and Food Supply Chain Act 2023, performs two key functions: it enforces the law on unfair trading practices, and it performs a price and market analysis and reporting function. The regulator has, since its establishment at the end of 2023, been successful in delivering on these functions.

On the price and market analysis function, over the past year the regulator has published welcome analysis on the egg and horticulture sectors. Such reports are important to assist food suppliers in their decision-making. However, while there has been much positive engagement with the regulator from operators who have voluntarily responded to requests for information, a few operators did not provide the requested data. As a result, the two reports concerned were published using only publicly available data.

In light of its experience concerning these reports, the regulator has reported to me that it requires enhanced powers to compel businesses to provide financial information that is not in the public domain. The Act itself does not permit the regulator to compel the provision of such data; however, the Act provides that the Minister may make regulations on price and market information.

As I have previously stated, I am fully committed to ensuring the regulator is equipped with the necessary powers to fulfil its statutory function subject to the necessary consultative and legislative process. This is necessary to ensure that the additional powers granted are proportionate. I have to strike a balance and be very careful in any key decision I make, having engaged with all key stakeholders and taken on board the points of view of businesses, while also having been very clear and determined to ensure that our Agri-Food Regulator can continue to carry out the work we set it up to do.

I assure the Deputy that the process is under way and that it is a priority in my Department. The role in question is separate from the one associated with the very strong powers of enforcement the Agri-Food Regulator has in relation to unfair trading practices in the agrifood supply chain, in respect of which it continues to carry out work.

Jennifer Whitmore (Wicklow, Social Democrats)
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I thank the Minister. It is welcome that he is in the process of granting or providing the powers but we need to see a timeline. It has been quite a while since the regulators themselves raised the gaps in their powers and it is important that we see movement on this, particularly given how grocery prices are increasing at present. Members of the public need transparency when purchasing products so they will know where their money is going. There also needs to be fairness for producers. The risk – I think this is what is happening – is that producers will not get their fair share of the value of their produce. Therefore, the information is absolutely required. It is important that the regulator can get whatever data it needs to inform its analysis of pricing. Could the Minister give me a timeline for achieving this?

Martin Heydon (Kildare South, Fine Gael)
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I want to do this as quickly as possible while also being respectful of a process that involves consultation, engagement with all sides and me listening to the concerns of the industry. The industry has concerns over how the information could be distorted by competitors abroad. The regulation applies only to our domestic market and we export 90% of the food and drink that we produce. These points will be made as well. I want to make sure there are no unintended consequences to giving the additional powers to the Agri-Food Regulator. I have engaged with the regulator on how it, as a controller of data, would handle data responsibly. This is serious, so while I want to give the powers, I want to do it right. I want to do it as quickly as possible but not at the expense of doing it the right way.

Jennifer Whitmore (Wicklow, Social Democrats)
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In providing the additional powers, is the Minister considering the likes of the large supermarkets and their profits? Obviously, we have a cost-of-living crisis and food prices are rising continually, and farmers are continuing to get less and less for their produce. One of the pieces of the data jigsaw that is missing concerns how much supermarkets are making in this country. Supermarkets must provide their data publicly in the UK, but when they have an Irish arm they have no obligation to provide the associated data on a quarterly basis. Will the Minister consider such provision as part of the process?

Martin Heydon (Kildare South, Fine Gael)
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Section 12(3)(d) of the Act allows the regulator to seek data impacting on price and margins from businesses within the agricultural and food supply chain. The data include, but are not limited to, prices paid and received and margins. This answers the Deputy’s question in this regard.

I do not want any suggestion to land that the Agri-Food Regulator is not able to operate. It is operating very well and I commend it on its work, which has been valuable to date. I acknowledge the fact that the regulator secured, in November of last year, a conviction of a meat processor in the courts for the non-payment of a cattle farmer in the west. It is getting on with its work. It has highlighted to me some of the frustrations it has found in the system to date. I am reflecting on these and will implement the programme for Government commitment to provide enhanced powers to the Agri-Food Regulator, but I am doing that in a responsible way.