Victor Boyhan (Independent) | Oireachtas source

I move amendment No. 3:

In page 42, between lines 21 and 22, to insert the following: “(7) The Agri-Food Unfair Trading Regulation may specify that a particular agricultural or food product may not be sold by a retailer for less than the cost of production. The cost of production is to be determined by Teagasc or suitably qualified expert appointed by the Regulator.

(8) The Agri-Food Unfair Trading Regulations may specify that a particular agricultural or food product may not be procured by a retailer for less than the cost of producing the item. The cost of production is to be determined by Teagasc or a suitably qualified expert appointed by the Regulator.

(9) In the case of market failure or potential market failure, the Agri-food Unfair Trading Regulation may specify that a retailer must pay a specified margin, over the cost of production, for a specified agricultural or food product. The cost of production is to be determined by Teagasc or suitably qualified expert appointed by the Regulator.”.

The Minister will be somewhat familiar with the wording of these amendments drawn up by the Irish Farmers Association, IFA. They are not exactly the same amendments that were in the Dáil but essentially some of the stuff was around that. I saw the Minister’s responses and I note that he talked about the issue of not being too granular in detail. Deputy Carthy was one of the people who tabled one of the amendments. The Minister rejected a number of those amendments on the basis that the organisation needs to get up and running and do its job, which is a valid point.

I will take the Minister through this. I am conscious that the IFA is more than likely tuned in. I gave a commitment at the joint Oireachtas committee to take on board these amendments. It is important that they are aired. We have an excellent joint Oireachtas committee members and all four of us Senators are on it. We engaged with the IFA. However, there is a criticism by the farm representative bodies that there is much talk in the committee rooms, many commitments and sideshows around agricultural politics, and somehow they do not permeate and come through in the legislation. Therefore, I committed to bringing these forward. I do not know what engagement other people had with IFA. I cannot speak for them but I can speak from my engagement with it.

Amendment No. 3 proposes:

In page 42, between lines 21 and 22, insert the following: (7) The Agri-Food Unfair Trading Regulation may specify that a particular agricultural or food product may not be sold by a retailer for less than the cost of production. The cost of production is to be determined by Teagasc or suitably qualified expert appointed by the Regulator.

(8) The Agri-Food Unfair Trading [Requirements] may specify that a particular agricultural or food product may not be procured by a retailer for less than the cost of producing the item. The cost of production is to be determined by Teagasc or a suitably qualified expert appointed by the Regulator.

(9) In the case of market failure or potential market failure, the Agri-food Unfair Trading Regulation may specify that a retailer must pay a specified margin, over the cost of production, for a [specific] agricultural or food product. The cost of production is to be determined by Teagasc or suitably qualified expert[s] appointed by the Regulator.

The rationale of this amendment, because it is effectively one amendment, is to seek to prohibit certain agricultural food products from being sold by retailers for less than the cost of production or the cost of producing the item. The price would be set by Teagasc or a suitably qualified body.

The Minister is familiar with the gist of these three requests and this amendment. He might just give us his take, having considered it, as he told us he has and explain how they can be accommodated. Remember, we are speaking to the IFA in terms of the proposition of the amendments and the rationale.