Martin Heydon (Kildare South, Fine Gael)
Link to this: Individually | In context

Established on 13 December 2023, An Rialálaí Agraibhia, Ireland's Agri-Food Regulator, performs two principal functions:

• an enforcement function in relation to unfair trading practices in the agricultural and food supply chain and
• a price and market analysis function, aimed at ensuring more transparency and fairness throughout the agri-food supply chain

The Agri-Food Regulator has been granted very robust powers of enforcement in relation to Unfair Trading Practices in the Agri-Food supply chain, as evidenced by the first conviction for a breach of unfair trading practice (UTP) legislation in 2024. These powers are provided for in the Agricultural and Food Supply Chain Act 2023.

In the course of its UTP enforcement function, the Regulator has the power to conduct inspections of buyers and suppliers including where there has not been a complaint received. The Regulator also has the power to conduct investigations of suspected breaches of UTPs and initiate legal proceedings including referring cases to the Director of Public Prosecutions where it believes an indictable offence concerning a UTP has been committed under the Act.

The Act provides extensive powers for Authorised Officers of the Regulator for investigation of UTP. In the course of a UTP investigation, an Authorised Officer has the power to enter premises, as well as to inspect and seize records and data. The Regulator may also issue a compliance notice where it believes an offence has been committed under the Act.

In relation to the price and market analysis function, this function is separate and distinct to the enforcement function in relation to unfair trading practices. Over the last year the Regulator has published analysis on the egg and horticulture sectors.

While there has been much positive engagement with the Regulator from operators who have voluntarily responded to requests for information, there were a few operators who did not provide the requested data.

In light of its experience concerning those reports, the Regulator has reported to me that it requires enhanced powers to compel businesses to provide financial information that is not in the public domain. The Act, itself, does not permit the Regulator to compel such data. However, the Act provides that the Minister may make regulations on price and market information.

As I have previously stated, I am fully committed to ensuring that the Regulator is equipped with the necessary powers to fulfil its statutory function subject to the necessary consultative and legislative process. This is necessary to ensure that the additional powers granted are proportionate.