Results 7,501-7,520 of 23,957 for speaker:Charlie McConalogue
- 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)
Charlie McConalogue: What we have is based on the unfair trading practices directive. If the Deputy wants to forward that on to us, we will look at it and consider the points.
- 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)
Charlie McConalogue: The Minister, Oireachtas and Government are the competent authorities for governing the country and setting laws so to require the Minister to follow what an office suggests would not be appropriate. The Deputy is suggesting that if the office suggests something and the Minister does not act, he or she should be accountable for it, but the Minister is accountable to the Oireachtas, 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)
Charlie McConalogue: Subsection (12) of head 46 states, "An authorised officer may require a person to give to the officer such information as is in the person’s power or procurement as regards any premises specified by the officer including"; and then under (b) it states, "the name of the owner, occupier or person who is in charge of the premises".
- 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)
Charlie McConalogue: It requires the name of the owner.
- 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)
Charlie McConalogue: I would expect it in the main to be employees of the new office of fairness and transparency. If it was a very specialist skill they had to find somebody to do, it would have the capacity to do that as well. The key thing would be the responsibility of the CEO to appropriately designate authorised officers. It is an important position and a responsibility which has to be carried out in 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)
Charlie McConalogue: I expect it would be primarily employees of the office of fairness and transparency. As Deputy Browne noted, many legal powers are assigned to the authorised officer. As it is a role that carries responsibility and duty to the law, the CEO would have to be satisfied in relation to the appointee. We have the appointment of authorised officers at present for various functions such as, 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)
Charlie McConalogue: I will ask Mr. Kinsella to comment on that.
- 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)
Charlie McConalogue: Mr. Kinsella will speak on the rationale for the €500,000.
- 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)
Charlie McConalogue: The option of a fine would be there. If the office for fairness and transparency is taking a case forward, it would have to go to court in the first instance to prosecute. The court would-----
- 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)
Charlie McConalogue: They would not have to pay them.
- 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)
Charlie McConalogue: 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)
Charlie McConalogue: In that case they would not have taken the fixed penalty. It would be up to the unfair trading practices directive to take them to court and they would have their day in court.
- 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)
Charlie McConalogue: Until such time as people are brought to court, they would not have anything to appeal. They would be in disagreement and they would be defending a case.
- 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)
Charlie McConalogue: Yes, but-----
- 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)
Charlie McConalogue: We would expect there to be a lot of dialogue between the buyers and the enforcement authority on an issue. People can appeal a compliance notice but they have to go to court to do so. There is an onus on the unfair trading authority to ensure it has-----
- 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)
Charlie McConalogue: It is not in the interests of the unfair trading practices enforcement authority or the office of fairness and transparency to go to court for something that does not stack up.
- 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)
Charlie McConalogue: Will the €500,000 act as a suitable deterrent?
- 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)
Charlie McConalogue: I think €500,000 is a significant deterrent-----
- 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)
Charlie McConalogue: -----in anybody's book. Decisions can be published, which is significant from a reputational point of view. We will reflect on the points that have been made. This is pre-legislative scrutiny. It is a significant Bill to which we have given thought and on which we have worked closely with the Office of the Attorney General. This is the first step in the legislative process. We will...
- 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)
Charlie McConalogue: We do not necessarily have to charge a fee.