Regulator waiting for Minister’s response to request for extra powers

Earlier this year, the Irish Farmers Journal met with Niamh Lenehan, CEO of the Agri-Food Regulator’s office to review the first 100 days.

It has now completed the first year’s work so it was time to meet again to look back at what went well and where there were problems, as well as looking forward.

It is clear that most of the work is done below the media radar as number crunching doesn’t exactly make good copy, plus the businesses that are collaborating want their data kept private and used only to calculate average values.

It is when the office publishes a report that attention is attracted.

The first report on the egg sector in the middle of the year was frustrated by the fact that a number of the retailers declined to share the information requested by the Regulator,

Figure 1.

The board response was decisive, with the chair, Joe Healy writing to the minister responsible for setting up the office, Charlie McConalogue TD in September requesting powers that would compel businesses to supply data requested by the regulator.

There have been discussions but a response is awaited so it was an obvious starting point in our interview with Niamh Lenehan.

Vacuum without legislation

She told the Irish Farmers Journal that “the information we have is that it is being carefully considered” which she beleives is fair as “the power to compel is quite a considerable power, and I’m assuming one must look at the protections that are available and for businesses there as well.”

It is her understanding that the extra powers requested can be granted through regulation but Lenehan couldn’t give any indication on when it might be dealth with. She did say that on the issue they hoped “that the matter is decided sooner rather than later because it leaves a kind of vacuum in terms of going about our work.”

The Irish Farmers Journal put it to her that if they don’t succeed in securing the additional powers to compel the supply of information, the office of the Agri-Food Regulator is seriously undermined and she accepted that in the absence of a decision on the request.

Lenehan was clear in her response: “needless to say, if very significant players in our food supply chain are not going to provide information to the regulator, it’s hugely problematic”.

She refused to be drawn on a timeline for a response from the minister on granting additional powers other than to say that they were engaging on the issue and she hoped for an outcome as soon as possible.

Continued engagement

Work is continuing with the Agri-Food Regulator pending the outcome of the request for additional powers.

Lenehan highlighted that they are doing a horticulture investigation at present that “there’s an active data request out there,” and that “we’re still engaging with businesses.”

A beef report was also successfully completed following engagement with the beef processors.

This report highlights a composite value for boneless hindquarter and boneless forequarter cuts that’s sold by factories plus a 500 gramme mince pack with 5% fat content.

When it was put to Lenehan that this doesn’t relate to beef products that farmers or consumers will be familiar with, she replied “we have been clear that this is a first step and that there has been a very positive engagement with the beef processors and a huge amount of work has been done which we have been able to harness.”

As for the next steps, Lenehan explained that there is an expectation that retailers would also be included and that “ideally what we would want to do is track some products and specifications right through the supply chain.

Ultimately we would want to have a list of products that would be indicative along the supply chain.”

Unfair trading Practices (UTPs)

Bringing transparency to the agrifood supply chain is one part of the Agri-Food Regulator’s brief, the other is ensuring the implementation of the Unfair Trading Practices (UTP) legislation.

Here there is what Niamh Lenehan describes as “extensive powers,” the challenge for the office is putting them to use. She expressed satisfaction at the high level of recognition enjoyed by the office found in a recent survey with 78% awareness of its existence but wants more engagement.

Part of the difficulty that suppliers have in making a complaint is a fear that making a complaint will damage a business relationship that they depend on. Here Lenehan appealed for suppliers that may have an issue to “talk to us in complete confidence.”

She said “if you want to remain anonymous, that is fine, nobody is going to say that you called.”

She also pointed out that an investigation can be initiated by the office independently without a complainant and that if people are coming forward with problems and they don’t want to reveal their identity, it could in itself be a reason for the Agri-food Regulator to take a closer look.

Her last word in making the appeal for re-engagement was “we’re not expecting everybody to be having [all the] knowledge on UTPs, come and talk to us and find out how we can help.”

While the office of the Agri-Food Regulator has a full suite of legislative support to address UTPs it has still work to do to build understanding in the supply chain on how to make use of this legislation.

There is always huge fear among farmers about not getting a buyer for their stock if they are seen as a trouble making supplier. The same applies to many small businesses dealing with a bigger buyer.

The Agri-Food Regulator is working to build confidence by protecting their identity.

They can also launch an investigation independently if they belive there is cause to do so.

As for transparency, it was always a weakness in the original legislation that the supply chain could not be compelled to share information.

When Niamh Lenehan previously spoke to the Irish Farmers Journal, she emphasised her desire for a partnership approach.

She is still committed to partnership, but the office is to be commended for quickly realising that they need more powers and it was clear in this interview that they need to get them, otherwise there is a vacuum.

Work has begun but plenty lies ahead as the journey to deliver transparency and implementing UTP legislation will be never-ending.

In short