Agriculture (Research, Training and Advice) Act , 1988

1 Interpretation.

1.—(1) In this Act—

“agriculture” includes—

(a) horticulture, dairying, the breeding and keeping of horses, cattle, pigs and other livestock, the rearing and keeping of poultry and bee-keeping,

(b) the cultivation, production and preservation of crops including grass,

(c) the use and application of manures and fertilisers,

(d) the production and processing of meat and other livestock products, milk and other dairy products, poultry meat, eggs and other poultry products, honey and other bee products, plants and plant products, fish and fish products and fruit and other horticultural products, and

(e) animal nutrition, animal health and animal hygiene,

(f) farm management, agricultural economics, rural development, marketing of agricultural products and any other activities or sciences relating to or tending to improve the efficiency or increase the scope of agriculture;

“agricultural research” includes research in relation to all aspects of agriculture, forestry, plant breeding and veterinary research;

“veterinary research” includes research in relation to diseases of animals and poultry;

“the Board” means Bord na Comhairle Oiliúna Talmhaíochta;

“An Chomhairle” means An Chomhairle Oiliúna Talmhaíochta;

“the Council” means the Council of An Foras Talúntais;

“the Director” means the chief officer of Teagasc;

“the establishment day” means the day appointed by the Minister under section 2;

“functions” includes powers, duties and obligations and references to the performance of functions include, as respects powers, duties and obligations, references to the exercise of the powers and the carrying out of the duties and obligations;

“the Institute” means An Foras Talúntais;

“the Minister” means the Minister for Agriculture and Food;

“research” includes investigation, test, experiment, analysis and study;

“recognised trade unions and staff associations” means trade unions and staff associations recognised by Teagasc for the purposes of negotiations that are concerned with the remuneration or conditions of employment, or the working conditions, of employees;

“subsidiary” (which word has the meaning assigned to it by the Companies Act, 1963) means a subsidiary of Teagasc;

“Teagasc” means the body established by section 3;

and any cognate words shall be construed accordingly.

(2) (a) In this Act a reference to a section or schedule is a reference to a section of, or a Schedule to, this Act unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2 Establishment day.

2.—The Minister may by order appoint a day to be the establishment day for the purposes of this Act.

3 Establishment of Teagasc—The Agriculture and Food Development Authority.

3.—(1) On the establishment day there shall stand established a body to be known as Teagasc—The Agriculture and Food Development Authority, and in this Act referred to as “Teagasc”, to perform the functions conferred on it by this Act.

(2) The provisions of the First Schedule shall have effect with respect to Teagasc.

4 Functions of Teagasc.

4.—(1) The principal functions of Teagasc shall be—

(a) to provide, or procure the provision of, educational, training and advisory services in agriculture, including such educational, training or advisory services in agriculture as may be specified by the Minister for the purpose of giving effect to any directive, regulation or other act adopted by an institution of the European Communities,

(b) to obtain and make available to the agricultural industry the scientific and practical information in relation to agriculture required by it, and

(c) to undertake, promote, encourage, assist, co-ordinate, facilitate and review, agricultural research and development (including research and development in relation to food processing and the food processing industry).

(2) Teagasc shall, subject to the provisions of this Act, also have and enjoy all those functions (other than those conferred by sections 34, 36 and 59 of the National Agricultural Advisory, Education and Research Authority Act, 1977) that immediately before the establishment day, were vested in the Institute, the Council, An Chomhairle and the Board and are not specified in subsection (1).

(3) Without prejudice to the generality of subsections (1) and (2), Teagasc shall, in performing its functions, have particular regard to the need for and the importance of agricultural training and education for young persons and research and development in relation to food processing and the food processing industry.

(4) Teagasc shall have all such powers as are necessary or expedient for the purposes of its functions.

(5) Notwithstanding the preceding provisions of this section, Teagasc shall not, unless authorised in writing by the Minister to do so, carry on or engage in—

(a) the testing of—

(i) livestock or poultry for the purposes of national breeding programmes of the Minister,

(ii) grass, cereal, root or vegetable seeds or potatoes or plants for the purposes of certification schemes of the Minister or the preparation by the Minister of lists of acceptable or recommended varieties of such seeds or of potatoes or plants (whether for the purpose of implementing any directive, regulation or other act adopted by an institution of the European Communities or otherwise) or for the purpose of the granting of proprietary rights in relation to new varieties of such seeds or of potatoes or plants, or

(iii) samples of seeds taken pursuant to section 13 of the Agricultural Seeds Act, 1936,

or

(b) the testing or analysis of samples of fertilisers, feeding stuffs, pesticides, mineral mixtures or agricultural products for the purposes of any provision made by or under statute.

(6) Teagasc may, with the consent of the Minister and the Minister for Finance, outside the State—

(i) perform any of the functions, provide any of the services or carry on any of the activities that it is authorised by this Act to perform, provide or carry on in the State, and

(ii) provide advisory and consultancy services in relation to—

(I) the performance of functions outside the State by other persons,

(II) the provision of services outside the State by other persons, or

(III) the carrying on of activities outside the State by other persons,

being functions, services and activities similar to those that Teagasc is authorised by this Act to perform, provide and carry on in the State.

(7) (a) Such functions of or services to be provided by Teagasc as it may determine may be performed or provided by a subsidiary and, accordingly, Teagasc may, with the consent of the Minister and the Minister for Finance, for the purpose of such performance, acquire or form and register one or more subsidiaries.

(b) The memorandum and articles of association of a subsidiary shall be in such form as may be determined by Teagasc with the consent of the Minister and the Minister for Finance.

(c) The Minister may give a direction in writing to Teagasc on any matter relating to a subsidiary or the policies, programmes or activities of a subsidiary and Teagasc shall comply or, as may be appropriate, secure compliance with the direction.

(d) A direction under this subsection in relation to the disposal of any assets or surpluses of a subsidiary shall not be given without the consent of the Minister for Finance.

(8) The reference in subsection (1) (a) to advisory services in agriculture shall be construed as including a reference to advisory services in relation to the growing of trees as part of a farming enterprise and the establishment of shelter belts of trees.

5 Conferral of additional functions on Teagasc.

5.—(1) The Minister may, if he so thinks fit, by order—

(a) confer on Teagasc such additional functions connected with the functions for the time being of Teagasc or the services or activities that Teagasc is authorised for the time being to provide or carry on (including functions of the Minister in relation to any directive, regulation or other act adopted by an institution of the European Communities in relation to agricultural development) as he considers appropriate, and

(b) make such provision as he considers necessary or expedient in relation to matters ancillary to or arising out of the conferral on Teagasc of functions under this section or the performance by Teagasc of functions so conferred (including provision for the transfer to Teagasc of any property held by the Minister for the purposes of functions conferred on Teagasc under this section).

(2) The Minister may by order amend or revoke an order under this section (including an order under this subsection).

(3) Every order made by the Minister under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6 Charges for services.

6.—(1) Subject to the provisions of this section, Teagasc or a subsidiary may make such charges as it considers appropriate in consideration of the performance by it of its functions, the provision by it of services (other than a service consisting of the provision of advice for the Minister) and the carrying on by it of activities and may sell, for such prices as it considers appropriate, anything produced or developed by Teagasc or a subsidiary and may enter into contracts, upon such terms and conditions as it considers appropriate (including terms and conditions relating to payments to Teagasc), for the further development and commercial exploitation of results of its research and development.

(2) The determination of the amounts of charges by Teagasc or a subsidiary for educational, training and advisory services shall be subject to the approval of the Minister and the Minister for Finance.

(3) Charges, prices and payments under subsection (1) in respect of functions performed, services provided, activities carried on or things sold, outside the State, shall not, save with the approval of the Minister, be less than the cost of the performance of the function, the provision of the service, the carrying on of the activity or the production and development of the thing, as the case may be.

(4) Teagasc may recover, as a simple contract debt in any court of competent jurisdiction, from the person by whom it is payable any amount due and owing to it under subsection (1).

7 Director.

7.—(1) There shall be a chief officer of Teagasc who shall be known, and is referred to in this Act, as the Director.

(2) The Director shall carry on and manage and control generally the administration and business of Teagasc and perform such other functions as may be determined by Teagasc.

(3) The Director shall hold office under a contract of service in writing, containing such terms and conditions (including terms and conditions relating to remuneration and superannuation), as may be approved of by the Minister with the consent of the Minister for Finance.

(4) The Director shall be paid such allowances for expenses incurred by him in the performance of his functions as may be determined by the Minister with the consent of the Minister for Finance.

(5) The first Director shall be appointed, and may be removed from office at any time, by the Minister; each subsequent Director shall be appointed, and may be removed from office at any time, by Teagasc with the consent of the Minister.

(6) The Director shall devote the whole of his time to his duties as Director and shall not hold any other office or position without the consent of Teagasc.

(7) The Director may make proposals to Teagasc on any matter relating to its activities.

(8) The Director shall not be a member of Teagasc or of a committee appointed by Teagasc under section 17.

8 Staff of Teagasc and subsidiaries.

8.—(1) (a) Teagasc may appoint such number of persons to be members of the staff of Teagasc as it may determine with the consent of the Minister and the Minister for Finance.

(b) The board of a subsidiary may appoint such number of persons to be members of the staff of the subsidiary as it may determine with the consent of the Minister and the Minister for Finance.

(2) (a) A member of the staff of Teagasc (other than the Director) or of the staff of a subsidiary shall be paid, out of the moneys at the disposal of Teagasc or the subsidiary, as the case may be, such remuneration and allowances for expenses incurred by him as Teagasc, or the subsidiary, as the case may be, may with the consent of the Minister and the Minister for Finance, determine.

(b) A member of the staff of Teagasc referred to in paragraph (a) or of the staff of a subsidiary shall hold his office or employment on such other terms and conditions as Teagasc or, as the case may be, the subsidiary, may with the consent of the Minister and the Minister for Finance, determine.

(3) The grades of the staffs of Teagasc and a subsidiary, and the numbers of staff in each grade, shall be determined by Teagasc or, as the case may be, the subsidiary with the consent of the Minister and the Minister for Finance.

(4) Every person who immediately before the establishment day is a member of the staff of the Institute or An Chomhairle shall, on that day, be transferred to, and become a member of the staff of, Teagasc.

(5) The terms and conditions relating to tenure of office which are granted by Teagasc in relation to a member of the staff of Teagasc who is transferred by subsection (4) to its staff from the Institute or An Chomhairle shall not, while he is in the service of Teagasc, be less favourable to him than those prevailing immediately before the establishment day in the Institute or An Chomhairle, as may be appropriate, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(6) Save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned, a member of the staff of the Institute or An Chomhairle who is transferred by subsection (4) to the staff of Teagasc shall not, while in the service of Teagasc, receive a lesser scale of pay or be made subject to less beneficial terms and conditions of service (other than those relating to tenure of office) than the scale of pay to which he was entitled and the terms and conditions of service (other than those relating to tenure of office) to which he was subject immediately before the establishment day.

(7) Until such time as the scales of pay and the terms and conditions of service (other than those relating to tenure of office) of staff so transferred are varied by Teagasc, following consultation with any recognised trade unions and staff associations concerned, the scales of pay to which they were entitled and the terms and conditions of service (other than those relating to tenure of office), restrictions, requirements and obligations to which they were subject immediately before their transfer shall continue to apply to them and may be applied or imposed by Teagasc or the Director, as the case may be, while they are in the service of Teagasc. No such variation shall operate to worsen the scales of pay or the terms or conditions of service aforesaid applicable to a member of such staff immediately before the establishment day, save in accordance with a collective agreement negotiated with any recognised trade unions or staff associations concerned.

(8) In relation to staff transferred by subsection (4) to the staff of Teagasc, previous service in, or service reckonable for the purposes of any superannuation benefits payable by or on behalf of, the Institute or An Chomhairle shall be reckonable for the purposes of, but subject to any other exceptions or exclusions in, the Redundancy Payments Acts, 1967 to 1984, the Holidays (Employees) Act, 1973, the Minimum Notice and Terms of Employment Acts, 1973 and 1984, and the Unfair Dismissals Act, 1977.

(9) Teagasc may perform any of its functions through or by the Director or any other member of its staff duly authorised by Teagasc in that behalf.

9 Superannuation of staff of Teagasc.

9.—(1) Teagasc may, with the consent of the Minister and the Minister for Finance, make a scheme or schemes for the granting of superannuation benefits to or in respect of persons (other than the Director) appointed, or transferred by section 8, to whole-time positions on the staff of Teagasc.

(2) A scheme under subsection (1) shall fix the time and conditions of retirement for all persons to or in respect of whom superannuation benefits are payable under the scheme or schemes and different times and conditions may be fixed in respect of different classes of persons.

(3) Teagasc may, with the consent of the Minister and the Minister for Finance, make a scheme amending or revoking a scheme under this section including a scheme under this subsection.

(4) If any dispute arises as to the claim of any person to, or the amount of, any superannuation benefit payable in pursuance of a scheme or schemes under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision shall be final.

(5) No superannuation benefit shall be granted by Teagasc on the resignation, retirement or death of a member of the staff of Teagasc, otherwise than in accordance with a scheme or schemes under this section.

(6) A scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next twenty-one days on which that House has sat after the scheme is laid before it, the scheme shall be annulled accordingly, but without prejudice to the validity of anything done thereunder.

(7) (a) A scheme or schemes under subsection (1) shall, as respects a person transferred by section 8 to a whole-time position on the staff of Teagasc, provide for the granting to or in respect of him of superannuation benefits upon and subject to terms and conditions that are not less favourable to him than the terms and conditions applied to him immediately before the establishment day in relation to the grant of such benefits.