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Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 11 deals with the term of the chair. Do the members have any questions on this aspect? Head 12 provides for meetings and the procedures of the board. Is that okay? Head 13 provides the board with the power to establish committees and set out how they operate. That is what Ms Robinson was referring to earlier. Head 14 provides for the chief executive of the office and outlines...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Within that three years would there be progress reports on the strategy?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: It would be a three-year strategy with yearly reports. Okay. Head 21 provides for an annual report to be submitted to the Minister and certain minimum requirements around same, such as details of claims received, number of investigations and decisions of the office on UTPs. Head 22 provides for the provision of funds to the office by the Minister advanced from funds provided by the...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: We had a body there lately where the remuneration of the chief executive was not made public. Chapter 3 of the scheme concerns the transfer of functions, namely, the transfer of functions of unfair trading practices enforcement authority, UTPEA, under the UTP directive to the office and also provides that anything commenced under the directive before the office is established may be...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: I was going right well Deputy.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Yes.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Yes, all right.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 39 allows the Minister, following consultation with the European Commission, to "prohibit certain trading practices in business-to-business relationships in the agricultural and food supply chain (referred to as an “unfair trading practice”)", by way of regulation. This head prohibits engagement in UTPs. The general scheme states, "This Head also reflects the existing...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Will Deputy Carthy speak to the Bill in front of us?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: That was a submission to the committee, not to the Minister.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 40 makes it an offence to engage in a UTP in contravention of a regulation made under head 39. Head 41 provides for the voluntary use of effective alternative dispute resolution mechanisms in cases where the office believes they could be successful. The office may suspend examination of a complaint during the use of this mechanism. Article 7 of Directive 2019/633 also promotes the use...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 42 states the office shall collect, analyse and report on price and market information in the agricultural and food sector and that it shall be published regularly. There may also be studies or analyses on the functions of the office where requested by the Minister or on the office's own initiative.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 43: provides that the Office may engage with the Minister or another minister of the Government where it believes that it can contribute to the bringing forward of legislation. [According to the general scheme] It relies on section 9 of the Consumer Protection Act 2007. The office should keep regulations made under the Bill under review.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Part 4 is on agrifood regulations. Head 44 is: an enabling provision that allows the Minister to make Regulations to provide for the more efficient application of the Act. It also provides that Regulations may be made to give effect to an act of an institution of the European Union. Part 5 is on enforcement. Head 45 provides for the appointment of authorised officers for the exercise...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 47 provides that a judge may issue a search warrant for an authorised officer to enter a premises where there are reasonable grounds for same. Head 48 provides that an authorised officer may serve a compliance notice instructing a buyer to remedy an infringement under the Bill. This head also provides for an appeal by the buyer to the Circuit Court where a person has been issued with a...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: I call Deputy Martin Browne.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Okay. Head 51 provides that a person such as a director, manager, secretary or any other officer of a corporation may be held responsible for the actions of the corporation where he or she is directly culpable. Head 52 sets out fines and penalties for an offence committed under the Bill. A person who commits an offence under section 29(3) is liable on summary conviction to a class A fine....

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Head 53 provides the court shall order the guilty party to pay the office's costs and expenses relating to the investigation, detection and prosecution of the offence. Head 54 provides the office will institute summary proceeding for offences. We have dealt with head 55. Part 70 deals with miscellaneous provisions. Head 56 enables the Minister, with the consent of the Minister for...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: I understand the reason. We do not want someone making free with complaints and clogging up the system.

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Department of Agriculture, Food and the Marine (29 Jun 2022)

Jackie Cahill: Would that be possible?

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