Food Safety Authority of Ireland Act, 1998

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Service contracts.

48.—(1) The Authority may for the purposes of carrying out its functions under section 46 enter into a contract (“service contract”) with—

(a) in the case of any food legislation mentioned in the First Schedule at the passing of this Act, the official agency responsible immediately before the commencement of section 45 for the enforcement of those standards in that legislation,

(b) in the case of any food legislation mentioned in the First Schedule inserted by order under section 5 after the passing of this Act, the official agency responsible immediately before the making of the order (or, where the order contains a commencement provision, its commencement) for the enforcement of those standards in that legislation, or

(c) the relevant official agency in relation to any food legislation passed or made after the establishment day and deemed to be food legislation for the purposes of this Act.

(2) An official agency carrying out functions under a service contract shall be acting on behalf of and as an agent for the Authority.

(3) The Authority shall specify the following matters to an official agency with which it proposes to enter into a service contract—

(a) the objectives and targets for food inspections it wishes the official agency to meet, having regard to the resources available to the official agency,

(b) the timeframe in which it wishes to have the targets and objectives achieved, and

(c) any other matter considered necessary by the Authority.

(4) An official agency which proposes to enter into a service contract with the Authority shall indicate to the Authority the means by which it proposes to meet those targets and objectives, including the resources it proposes to deploy in performance of the service contract.

(5) A service contract shall be in force for a period of not less than 3 years and may, at the request of either party, be subject to review during that period.

(6) Any service contract shall be published by the Authority within 3 months of being entered into.

(7) The Authority shall publish within 3 months the changes to and the reasons for such changes to a contract arising from any review carried out in accordance with subsection (5).

(8) The official agency concerned shall within 3 months of the end of each year of the contract, provide to the Authority an annual report, or at the request of the Authority more frequent reports, on the implementation of the service contract and the Authority may, if it considers it appropriate, publish such reports.

(9) The Authority shall take such measures as it considers appropriate to determine whether an official agency is adequately carrying out inspections under a service contract.

(10) An official agency which indicates to the Authority that it does not wish to enter into or renew a service contract with the Authority shall inform the Minister as soon as may be of its indication through the Minister of the Government or other person having responsibility for the official agency and give reasons for its indication.

(11) An official agency which enters into a service contract shall provide the necessary resources for the performance of the contract.

(12) Where an official agency fails to enter into a service contract or, in the opinion of the Authority, an official agency has failed to discharge all or a significant or material part of its obligations under a service contract, the Authority, without delay and following consultations with the Minister of the Government or other person having responsibility for the official agency concerned, shall put in place such arrangements as it considers necessary for the performance of the subject matter of the service contract in question.

(13) The Authority may make a special report to the Minister in cases of full or significant non-performance of a service contract and the Minister shall cause copies of such report to be laid before each House of the Oireachtas.