New powers for Agri-Food Regulator to come into effect at end of year

Regulator will be able to compel companies to provide price and market information, although safeguards will apply

Minister for Agriculture Martin Heydon. Photograph: Alan Betson
Minister for Agriculture Martin Heydon. Photograph: Alan Betson

New powers to allow the Agri-Food Regulator to compel businesses to provide price and market information will come into effect at the end of the year, it has said.

The chief executive of the regulator, Niamh Lenehan, said the new regulations also would contain number of preconditions and safeguards for companies.

She said small businesses with a turnover of not more than €10 million annually and with fewer than 50 staff would be exempt from the provisions of the new regulations.

The regulator would not be allowed to seek future price and market details, she said.

There would also be provision for companies to make submissions about the release of commercially sensitive material and in cases where they believed providing data would involve a significant burden on businesses.

Ms Lenehan said businesses could provide information sought by the regulator on a voluntary basis.

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She said the regulator would be working on processes and procedures to apply in relation to the new powers over the coming months and there would be consultation with businesses.

Minister for Agriculture Martin Heydon announced in December that the Government would be introducing new regulations that would confer enhanced powers on the Agri-Food Regulator.

The Minister said in December that under the regulations, the regulator would have the capacity to compel price and market information from operators in cases where businesses had not complied with requests for information voluntarily.

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“I am satisfied that these regulations are proportionate and will allow the regulator to provide insightful analysis into the agri-food sector, while having regard to any potential impact on competitiveness or the distortion of competition,” he said.

The board of the regulator had urged Mr Heydon and his predecessor, Charlie McConalogue, to provide it with additional powers.

The board was particularly concerned last year after a number of retail businesses did not co-operate with it on a report on the supply of eggs.

In March the regulator also said it had not been possible to produce a planned report on price and market trends in the horticulture sector, as a number of businesses did not provide the requested data.

The Irish Times reported in March that members of the board of the Agri-Food Regulator had expressed “concern and frustration” that the Government has not provided it with additional powers to force businesses to disclose price and market information for reporting purposes.

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Martin Wall

Martin Wall

Martin Wall is the Public Policy Correspondent of The Irish Times.