Carol Nolan (Laois-Offaly, Independent)
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408. To ask the Minister for Agriculture, Food and the Marine the status of the implementation of the Unfair Trading Practices Directive; and if he will make a statement on the matter. [27217/22]

Charlie McConalogue (Donegal, Fianna Fail)
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As the Deputy may be aware, the Unfair Trading Practices Enforcement Authority was established in my Department in April of last year when I signed a Statutory Instrument introducing the UTP Regulations which transposed the EU UTP Directive directly into Irish law.

The Enforcement Authority has been assigned all the necessary legal powers including to investigate complaints from suppliers of agricultural and food products and to initiate legal proceedings for breaches of the unfair trading practices defined in the UTP Directive.

It is open to suppliers, including primary producers, to engage with the Enforcement Authority on any concerns they may have in relation to unfair trading practices. Information regarding the Enforcement Authority can be found on the Authority's website at www.utp.gov.ie.  Suppliers can submit complaints in confidence online through the same website.

The Enforcement Authority has taken a proactive approach to enforcement that includes an ongoing awareness raising campaign, meetings with stakeholders throughout the supply chain, as well as targeted engagement with the largest buyers of agri-food products in the State to ensure compliance with the Directive.  I was delighted to attend and speak at the recent Breakfast Seminar organised by the Enforcement Authority to mark the first anniversary of the signing of the UTP Regulations.

You might be aware that the Enforcement Authority carried out significant engagement with supplier businesses and primary producers as part of market research surveys to establish baseline awareness and knowledge of the protections available to suppliers under the UTP Regulations and to hear about any UTP-related issues that suppliers encounter in business dealings with their buyers.  

While the survey found that only 14% of primary producers surveyed were aware that, as a supplier of agri-food product, they have legal protection against the 16 specific unfair trading practices, one in two of primary producers and business-to-business suppliers surveyed claim to have heard of the UTP Regulations and half of primary producers surveyed claim that they understand that the UTP Regulations protect against unfair trading practices. 

The survey findings highlight the need to reinforce the message that protection is available for farmers along with other small business suppliers.  The findings also provide a strong evidence base for the Enforcement Authority to more optimally target its resources in the areas of most concern from a supplier perspective. 

In regard to future arrangements for the enforcement of UTPs, following Government approval of a General Scheme of the Agricultural and Food Supply Chain Bill 2022 on 22nd March last, I am hopeful that the legal drafting will be finalised in the next few weeks and that the Bill can be presented for consideration by the Houses of the Oireachtas in the very near future. As the Deputy may be aware, this Bill will establish the Office for Fairness and Transparency in the Agri-Food Supply chain as a new independent, statutory body and will take over enforcement of the UTP Directive.