Minister to ensure Agri-Food Regulator has necessary powers

Minister for Agriculture, Food and the Marine, Martin Heydon TD has told the Irish Farmers Journal that he wants “to ensure that the Regulator has the necessary powers to deliver its functions effectively.”

He was responding to a query about the Agri-Food Regulator board chair Joe Healy writing to request a meeting following another unsuccessful investigation because of being unable to get the necessary data from some businesses.

Last week the Agri-food Regulator revealed that production of a report on price and market trends in the horticulture sector wasn’t possible.

The reason given by CEO Niamh Lenehan to an IFA Horticulture and Potato Growers meeting was that “a number of businesses did not provide the requested data.”

This has happened before.

Last year, a report on the egg sector was similarly frustrated by the inability of the Agri-Food Regulator’s office to get the information they requested.

That triggered the board to ask for an extension of their powers to get information which was conveyed in a letter from the chairman, Joe Healy to the then Minister Charlie McConalogue in September.

Amazingly this hasn’t been responded to and following the most recent setback, another letter was despatched to his successor, Minister Martin Heydon TD requesting an urgent meeting.

Powers This time there has been a prompt reply. In response to the Irish Farmers Journal query, the minister said “I have written to the An Riala´lai´ Agraibhia seeking further details relating to the specifics of the powers needed and have assured them that my officials and I will give priority to this matter in working through the necessary steps in consultation with the Office.”

While this isn’t an unequivocal yes, it is a positive indication that the minister will engage and work to address the deficit in authority that the Regulator clearly has.

The problems being experienced by the Regulator in getting information were foreseen by many when the office of the Agri-Food Regulator was launched at the end of 2023.

This was because they only had the power to “request” information from businesses in the supply chain, whereas they really needed the power to compel them.

There have now been two investigations, where some businesses didn’t co-operate, which have prevented the Agri-Food Regulator doing their job in the way that was intended.

This demonstrates that the office doesn’t currently have the necessary legislative tools for the job of bringing transparency to the agri food supply chain and why they are looking to have their powers strengthened.

Hindered

The Agri-Food Regulator board chair, Joe Healy put it bluntly when he said “we find ourselves once again hamstrung in the absence of powers to compel businesses to provide data in a timely manner with a view to improving transparency.”

To reinforce that point, he added that without these additional powers, “we are unable to fulfil a core legislative function of the Regulator – the publication of analysis of price and market data along the agri-food supply chain.”

The Agri-Food Regulator board has been frank in laying out what they need to do their job and the minister’s response suggests that he will work with them to deliver what is required.

The establishment of a National Food Ombudsman was a commitment of the Fianna Fáil manifesto for the 2020 General Election and while technically this was delivered with the Agri-Food Regulator at the end of 2023, it is now clear that it doesn’t have the necessary powers to do its job properly.

No reply

It shouldn’t have taken from last September until now for a government response to the request for strengthened legislation, even with a General Election in November.

However, it has and what is essential now is that the necessary legislation is put in place right away.

By this stage the office of the Agri-Food Regulator knows exactly what they need so it should be just a case of getting on with it.

The minister has indicated that he “wants to ensure that the Regulator has the necessary powers” so there should be no reason for further delay.

An effective Agri-Food Regulator is essential for building confidence among farmers in the integrity of the agri-food supply chain. However, one that doesn’t have the powers necessary to do the job is a waste of time, and worse still gives the impression of being able to do something that it isn’t.