Specific Details
Agricultural & Food Supply Chain Bill 2022
Intended results
To highlight the following issues with the Bill
- In the Bill, there remains a distinct lack of reference to the price that primary producers get paid by dominant food buyers in the food chain.
- The reality is the 5 mains retailers and 3 main food service providers operating in Ireland today have a dominant buying position and the UTPs and the Food regulator do not have powers to tackle pricing.
IFA calls for dominant food buyers to recognise and take account of the cost of food production and effectively ban below cost procurement of food.
To express disappointment to see the focus solely on business-to-business relationships in the food chain.
- The retailer to consumer relationship is ultimately the key to a long-term sustainable food chain. Without the inclusion of the final retailer/food provider to consumer link, several of the important potential functions and farmers' expectations of the regulator are excluded.
- It removes the potential for regulation of below cost selling and using food as a loss leader by retailers
- Similarly, promotion practices which can be misleading such as using fake farms and fake brands to mislead consumers will be unregulated by this office. This is a huge opportunity missed and could ultimately result in the office being ineffective.
To call for the inclusion of the retailer to consumer link within this legislation.
Price and market data
The role of the office to provide analysis of information on price and market data in the agricultural and food supply chain will be beneficial, but must be regular, in real time and publish data that previously was previously unavailable.
The focus should be clearly stated that the new Office will tackle the dominant stakeholders with the greatest power i.e., the main retailers in the supply chain as a priority.
Board and Membership
- The expansion of the Board to a total of eight is worrying as the 2 primary producers' voice and influence will be diluted. IFA questions why would an office whose function is to promote agri-food reduce the influence of primary producers at board level
To seek the expansion of this board to include greater primary producer members
Complaints
To welcome the inclusion of not-for-profit organisations permitted to make complaints on behalf of suppliers whom it represents, but these must be anonymous.
- There is a major flaw in that the regulator has no remit to investigate complaints relating to uneconomical pricing or tendering which erodes the margins of farming families and primary producers.
- Without the remit of the office and regulator to tackle price, vulnerable sectors such as Ireland's horticultural sector will continue to decline.
- Ireland's fruit and vegetable growers are quitting the business because they are being priced out of business by dominant retailers and food buyers who have the buying power to use cheaper imports as an alternative in pricing negotiations
Fines
IFA welcomes the increase in the maximum imposable fines, but the option of fixed payment notice fines at €250 remains inappropriate.
Levies
The possibility of complainants being burdened with levies after making an complaint must be removed
Establishment of the Office.
IFA believes that with the right will and enthusiasm, there are strong powers of investigation, enforcement and fines within the legislation but that the omission of reference to price is a major flaw in how effective the Regulator can be.
However, it is clear that there is a need for the Office to be established as soon as possible and focus on reintroducing some fairness back in the favour of farmers and fish producers.
Primary producers have waited since the publication of the Programme for Government in 2020 and are still waiting. This legislation in for the common good, and should not be used as a political football.
There are necessary amendments that can still be made, and IFA calls on the Minister for Agriculture, Food and the Marine to listen and take on board the views and needs of farmers, make these amendments and get the office established.
Some of Ireland's most vulnerable farmers cannot face another season of been price takers in an unfair marketplace.
Barry Andrews
MEP (European Parliament)
Billy Kelleher
MEP (European Parliament)
Brendan Gleeson
Secretary General (Department of Agriculture, Food and the Marine)
Brendan Smith
TD (Dáil Éireann, the Oireachtas)
Brian Leddin
TD (Dáil Éireann, the Oireachtas)
Cathal Crowe
TD (Dáil Éireann, the Oireachtas)
Charlie McConalogue
Minister (Department of Agriculture, Food and the Marine)
Chris MacManus
MEP (European Parliament)
Ciarán Cuffe
MEP (European Parliament)
Clare Daly
MEP (European Parliament)
Colm Markey
MEP (European Parliament)
Deirdre Clune
MEP (European Parliament)
Denis O'Donovan
Senator (Seanad)
Frances Fitzgerald
MEP (European Parliament)
Grace O'Sullivan
MEP (European Parliament)
Jackie Cahill
TD (Dáil Éireann, the Oireachtas)
Joe Flaherty
TD (Dáil Éireann, the Oireachtas)
Luke Ming Flanagan
MEP (European Parliament)
Lynn Boylan
Senator (Seanad)
Maria Walsh
MEP (European Parliament)
Martin Browne
TD (Dáil Éireann, the Oireachtas)
Matt Carthy
TD (Dáil Éireann, the Oireachtas)
Michael Collins
TD (Dáil Éireann, the Oireachtas)
Michael Fitzmaurice
TD (Dáil Éireann, the Oireachtas)
Michael Ring
TD (Dáil Éireann, the Oireachtas)
Mick Wallace
MEP (European Parliament)
Patrick Donohoe
Special Adviser (Department of Agriculture, Food and the Marine)
Paul Daly
Senator (Seanad)
Paul Kehoe
TD (Dáil Éireann, the Oireachtas)
Richard O'Donoghue
TD (Dáil Éireann, the Oireachtas)
Sean Kelly
MEP (European Parliament)
Sinead McPhilips
Assistant Secretary (Department of Agriculture, Food and the Marine)
Tim Lombard
Senator (Seanad)
Victor Boyhan
Senator (Seanad)