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Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Discussion (6 Jul 2022)

Paul Daly: Does Mr. McHugh not see how, as I said, people watching this debate now can already say there is going to be duplication? We deal with bureaucracy as public representatives on a daily basis. I can almost envisage examples where somebody is sent to the new office and six months later, he or she will get an email saying it is actually the CCPC with which he or she should be dealing. There is...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Discussion (6 Jul 2022)

Paul Daly: I thank Mr. Dillon for his detailed submission. At the moment, Retail Ireland would be working with the CCPC. How does it envisage the working relationship when the new office of fairness and transparency in the agrifood supply chain comes into being by virtue of the fact that Retail Ireland will probably still be dealing with the CCPC? We have just heard from the CCPC. From listening to...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Discussion (6 Jul 2022)

Paul Daly: I will not hold Mr. Dillon to definitive numbers but approximately what percentage of Retail Ireland's membership would have direct dealings with the primary producer, particularly in the agriculture sector? I would imagine that the majority of the products that would be on the shelves of Retail Ireland's members would come via processors or larger outlet units. Would Retail Ireland have a...

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Discussion (6 Jul 2022)

Paul Daly: If Retail Ireland had one request regarding a change to the Bill it would like to see, what would it be?

Joint Oireachtas Committee on Agriculture, Food and the Marine: General Scheme of the Agricultural and Food Supply Chain Bill 2022: Discussion (6 Jul 2022)

Paul Daly: Deputy Ring was indicating.

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)

Paul Daly: If the office comes up with examples of situations in which there is unfair trading, what can it do? The Minister has said he wants the office to have teeth. What is the Minister's vision for what action the office can take to address a situation where it considers someone is being abused on price or there is unfair trade?

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)

Paul Daly: It cannot, however, interfere with the pricing structure. It cannot get the victim, for want of a better word, a better price. It can penalise the retailer who was dealing unfairly but cannot influence price.

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)

Paul Daly: I wish to go back to the issue of the powers. If a farmer makes a complaint to this new office and his complaint is upheld following an investigation, the office has the power to enforce penalties or fines. Does it have the power to make the offender compensate the aggrieved party for whatever was lost? Would a farmer just get the satisfaction of having highlighted what happened and hope...

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)

Paul Daly: In the case of an unfair trading practice, the aggrieved farmer would be out of pocket or else he would not have brought the case. Is there no means for the new board to make sure he gets compensated for whatever he lost in the case of the grievance?

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)

Paul Daly: Is there any provision for appeal other than to go to court after the decision?

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)

Paul Daly: An appeal by the person who has been found by the body to be infringing. Is there any recourse to appeal other than going to 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)

Paul Daly: What if people are slapped with fixed penalties?

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)

Paul Daly: People either pay a fixed penalty or go to 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)

Paul Daly: What if people think they are innocent? Do they have recourse to appeal the decision without going to 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)

Paul Daly: So there is no appeal process in 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)

Paul Daly: They would feel aggrieved that they were innocent but this group has found them guilty. They would be slapped with a fixed penalty but they would have no recourse to appeal other than refusing to pay the penalty and going to court in the hope of proving their innocence.

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)

Paul Daly: Hypothetically speaking, if a major buyer of mushrooms accepts the ruling of this organisation and accepts a fixed penalty, that buyer is accepting there is something wrong with the buying process. In the retailer's eye this will open up the floodgates. Those selling tomatoes, apples and oranges will say that if the mushroom supplier was treated like that, they would all be in for the kill....

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)

Paul Daly: To answer my question there is no internal appeal. The appeal is the court of the land.

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)

Paul Daly: It is through the court and there is no internal appeal process.

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)

Paul Daly: They would have been slapped with a fixed penalty.

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