TÁNAISTE ANNOUNCES BYRNE AS CODE OF PRACTICE FACILITATOR

The Tánaiste and Minister for Enterprise, Trade and Employment, Ms. Mary Coughlan, T.D., has today (Tuesday, 23 March 2010) announced former Attorney General and former European Commissioner, Mr. David Byrne, as facilitator in the development of a Code of Practice for Grocery Goods Undertakings.

The Renewed Programme for Government contains a specific commitment to “implement a Code of Practice for doing business in the Grocery Goods sector to develop a fair trading relationship between retailers and their suppliers” and “to review progress of the Code and if necessary to put in place a mandatory code”.

The Government will give effect to this commitment by including a specific provision in the legislation, currently being prepared to merge the National Consumer Agency and the Competition Authority, which will allow for the introduction of statutory Codes of Practice in areas such as the grocery goods sector. The legislation is scheduled for publication later this year.

In the interim period until the legislation is enacted, the Tánaiste has undertaken to explore with all the relevant stakeholders the possibilities of agreeing a voluntary Code of Practice, which would respect the interests of all parties. This offers stakeholders the opportunity to develop a voluntary Code most suited to the dynamics of the Irish grocery goods sector and which could also form the basis of any subsequent statutory Code.

The role of the facilitator in this context will be to:

• consider existing submissions made to the Tánaiste, following a public consultation in autumn 2009 in the matter, as well as the experience of voluntary Codes in other jurisdictions;
• meet with all stakeholders to discuss and ascertain their views on what explicit provisions should be included in any voluntary Code of Practice as well as what format they should take;
• examine and evaluate all suggestions for such elements of such a code with a view to drawing-up a draft voluntary Code for consideration by the stakeholders;
• ensure the inclusion of specific provisions in any such voluntary Code relating to thresholds for applicability of any such Code, enforcement and dispute resolution provisions and how any such enforcement would be funded;
• ensure that any voluntary Code will take into account the interests of consumer and ensure that there is no impediment to the passing-on of lower prices to consumers; and
• endeavour to get agreement from all stakeholders for the provisions of the aforementioned draft voluntary Code.

It is anticipated that the facilitator will report back to the Minister for Enterprise, Trade and Employment by early summer, with any recommendations he wishes to make in the matter.

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