Written answers

Thursday, 9 March 2023

Department of Agriculture, Food and the Marine

Departmental Policies

Photo of Emer HigginsEmer Higgins (Dublin Mid West, Fine Gael)
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60. To ask the Minister for Agriculture, Food and the Marine if he will outline all the measures his Department and the Government have put in place to protect the business dealings of farmers, growers, fishers and food producers against unfair practices by buyers of their product [11796/23]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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The Unfair Trading Practices Enforcement Authority was established in my Department in April 2021 when I signed a Statutory Instrument introducing the Unfair Trading Practices (UTP) Regulations which transposed the EU Directive on Unfair Trading Practices into Irish law.

The Enforcement Authority is assigned with 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 Regulations.

It is open to all suppliers of agricultural and food producers, including primary producers, to engage with the Enforcement Authority on any concerns they may have in relation to unfair trading practices. Information on the Regulations and how to contact the Enforcement Authority can be found on the Authority's website at www.utp.gov.ie. The website includes an online portal where suppliers can submit complaints in confidence to the Authority.

Since establishment the Enforcement Authority has taken a proactive approach to enforcement that includes awareness-raising campaigns, 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 Regulations.

As part of that engagement the Enforcement Authority commissioned market research surveys last year to establish baseline awareness and knowledge of the protections available to suppliers under the Regulations and to hear about any UTP-related issues that suppliers encounter in business dealings with their buyers. The survey findings from over 3,000 respondents highlighted the need to reinforce the message that protection is available for farmers, along with other small business suppliers. The findings also provided a strong evidence base for the Enforcement Authority to more optimally target its resources in the areas of most concern from a supplier perspective, and informed the content of two separate high profile multi-media communication campaigns on the Regulations that the Authority commissioned in the third and fourth quarters of 2022.

In regard to future arrangements for the enforcement of UTPs in Ireland, the Agricultural and Food Supply Chain Bill 2022 is currently progressing through the legislative process. This Bill when enacted will see the establishment of a new independent statutory body which will be known as An Rialálaí Agraibhia (the Agri-Food Regulator).

The enabling provisions in the Bill will provide for the transfer of responsibility of UTP enforcement functions to the remit of the regulator, which I expect to occur at the time of commencement of the Act. The Bill will also grant the regulator additional powers to promote fairness and transparency in the agricultural and food supply chain.

The new regulator will significantly strengthen the position of our farmers, fishers, and other smaller suppliers in the agricultural and food supply chain and I look forward to the timely passage of the Bill through the legislative process and establishment of the Regulator's office as soon as possible.

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