FSAI Board Meeting Minutes 17th June 2024

Present

• Ms Ann Horan (AH) (Chair)  
• Mr Patrick Knight (PK) 
• Prof Martin Cormican (P. MC) 
• Ms Lisa Manselli (LM) 
• Dr Cliodhna Foley-Nolan (CFN)  
• Mr Gerard McCurdy (GMcC) 
• Prof Francis Butler (FB) 
• Ms Eilis O’Brien (EOB) 

In attendance

• Dr Pamela Byrne (PB), Chief Executive 
• Mr Kevin Roantree (KR), Board Secretary 
• Dr Bernard Hegarty Director of Enforcement Policy (BH)
• Ms Gillian McNamara, Programme Manager (GMcN)(item 7.1)
• Mr Joe McQuaid, Finance Manager (items, 8.1,8.2,8.3)
• Ms Mary Cullen, Former Board member, 
• Ms Fiona Dwyer (FD), PA to Director of Corporate Affairs

Apologies

None 

The Chair welcomed all attendees to the meeting and noted the attendance of Bernard Hegarty, Director of Enforcement Policy.  She advised that Bernard has accepted an invitation to attend the full Board meeting as an observer in addition to presenting under agenda item 7.2. 

The Chair noted that there was a very full agenda to cover, including the approval of the Statement of Strategy and the Annual Financial Statements.  She gave an overview of the agenda and advised that two additional FSAI staff members would join the meeting, as follows:

(i)    Gill McNamara to attend for item 7.1 on the statement of strategy 
(ii)    Joe McQuaid for the finance and governance agenda items 8.1, 8.2 and 8.3

The Chair informed the Board that Ms Mary Cullen’s, term of appointment ended on 14th June 2024 and as she was unable to attend the May 2024 meeting, she has invited Mary to join at the end of today’s meeting to convey the thanks of the Board for her many years of service.

1. Disclosure of Interests

There were no disclosures made by Board members. 

2. Minutes of the last meeting: 21 May 2021

The Board approved the minutes of 21 May 2024 as tabled subject to the acceptance of minor amendments received from PMC and PK. 

3. Matters Arising

KR provided an update on open actions from the minutes of the 21 May 2024

Actions update: 

1.    Action open: Vanessa Cooling will table a report, and present on the Albania project at the September Board meeting.
2.    Action closed: The Chair and CEO will meet with the DoH to discuss the OA/PDA and the new strategy.
3.    Action open. FD will provide the Board with the AI training proposals at the September Board meeting. 
4.    Action closed. Paper on declarations of Interest is tabled for information at this meeting.
5.    Action closed: The CEO will provide the Board with a copy of the terms of reference of the PCR when received.
6.    Action closed.  The CEO presentation on FSAI’s collaboration with Safefood has been included in the Board workplan for October meeting.
7.    Action closed. Final draft strategy is tabled for discussion at today’s meeting. 

4. CEO Report 

The Chair thanked the CEO for her report and advised that the document would be taken as read.  The CEO responded to the comments and questions received on the following aspects of her report:

Monk Fruit Decoctions 

The CEO provided an update on the monk fruit decoctions case and the implications of the judicial ruling.

Action: A further update on monk fruit decoctions will be provided to the Board in the September CEO report. 

Appendix 2 Induction process for new Board members 

The Board discussed the proposal for the framework of the new Board Induction process.  LM and EOB provided insight into the existing process and possible areas for improvement.   KR and FD will develop the new Board induction process further, taking today's discussion into consideration. A separate induction process for new Audit and Risk Committee (ARC) members will also be developed. 

RTE Prime Time Investigates Programme

The CEO advised that the FSAI is liaising closely with the Department of Agriculture, Food and the Marine (DAFM) following the RTÉ Investigates programme in relation to the horse trade which aired on 12 June 2024.  The alleged scenes of tampering with horse microchips and horse passports are being thoroughly investigated by DAFM following the airing of the programme. In light of the potential impact of traceability of animals entering the food chain and as part of our role in ensuring the effectiveness of official controls in such operations, the FSAI is engaging closely with DAFM on its ongoing investigation and actions taken by it to address any issues identified for the safety and integrity of the food chain.  The Board asked to be kept informed of any further developments.

5. Periodical Critical Review (PCR)

The Chair advised the Board that Indecon International Consultants have been appointed by the Department of Health (DoH) to carry out the PCR of the FSAI.  As Chairperson of the Board, AH will represent the FSAI on the PCR Steering Group.  The Chair noted that she requested the CEO also be appointed to the Steering Group, as has been the case with some other PCRs, however the request was deemed inappropriate by the Department.   A copy of the terms of reference for the Steering Group is awaited as is confirmation on whether individual Board members will be interviewed as part of the PCR process.    The Chair will keep the Board members updated on the progress following the first meeting of the Steering Group.

The Chair advised the Board that Gill McNamara has been nominated to represent the FSAI on the Working Group for the PCR and that she will be the main FSAI point of contact with Indecon as they undertake the review.  

The Chair expressed her opinion that the review of food safety legislation which the SLT are currently undertaking is important in the context of the PCR and will help to identify possible areas for change. 

5.1 DPER presentation on Periodic Critical Reviews

The Chair informed the Board that when she was advised of the DoH’s plan to carry out a PCR of the FSAI she contacted them for additional information.  She was provided with the DPER presentation on Periodic Critical Reviews, which she has circulated for information in today’s papers.  She advised that the full DPER guidelines and additional information can be accessed on the Department’s website. 

6. Enforcement Orders 

The schedule of recent Enforcement Orders was noted by Board members.

*Gill McNamara joined the meeting 

7.    Business Planning and Reporting 

7.1 Strategy Development Update

The Chair welcomed GMcN to the meeting.  GMcN thanked the Board member for their comments on the latest draft of the strategy and noted that all comments received during the process have been logged within a detailed spreadsheet and will be addressed either within the Strategy document itself, the resulting business plans or the strategy implementation plan. 
The Board approved the draft strategy for presentation to the DoH.  The Chair and CEO will meet with the Deputy Secretary General of the DoH to discuss the draft strategy. 

*Gill McNamara left the meeting 

7.2 Presentation: Work of Enforcement Policy by Bernard Hegarty 

Dr Bernard Hegarty, Director of Enforcement Policy provided a presentation on the work of his functional area and the challenges and opportunities ahead.  The group held a discussion on the many ways that data received by the FSAI from official agencies is currently being utilised.  KR provided an update on the newly established Data Centric Steering Group, which has been established to provide strategic oversight, guidance, and to support delivery of data projects and initiatives. 

The Chair thanked BH for his presentation and asked that he return at a future date to provide further updates on the national food sampling programme and national control plan. The Board agreed that the presentations from Directors were very worthwhile, and the cycle of attendance should restart in January 2025. 

7.3 Q2 progress Report on the FSAI Business Plan 2024

The Board reviewed the document and noted that 5 of the 54 performance indicators are amber which indicates that they are currently not on track to be delivered in 2024.  The Board reviewed and noted the explanations for the amber status reports. 

7.4 Board Workplan  

The Board reviewed the work plan.  

Action: It was agreed that to avoid delay to the publication of the Annual Report 2023, the report will be circulated by email in July 2024 for review and approval of the Board rather than waiting until the next meeting of the Board in September 2024.

7.4    The Board took at 10-minute break. 

*JMcQ joined the meeting 

8.0 Governance Matters

8.1 Finance and Governance update 

The papers were taken as read. JMcQ and KR gave an overview of key areas of the paper.  Following discussion, the Board approved signing of the Letter of Representation. 

8.2 Audit and Risk Committee Update

GMcC provided a verbal report on the recent ARC meeting, held on 6th June.  Minutes of this meeting will be available, once approved, on the Board App.

He advised the Board that the FSAI internal auditors were due to present the findings of the procurement and contracts internal audit report at this meeting.  However, he was informed the day before the meeting that neither our usual internal audit representative, nor the firm’s partner were available to attend the meeting and the BDO representative due to attend had not been involved in the audit. In the interest of good governance, he decided that it would be appropriate to postpone the agenda item.

GMcC informed the Board that the ARC members have expressed considerable concern and frustration with the situation as the internal auditors were also expected to attend the previous meeting in March but the item had been removed from the March agenda at the company’s request, in order to carry out quality assurance checks. He informed the Board that the ARC has requested a meeting with the internal auditors at the earliest opportunity. 

Action: It was agreed that the CEO would contact the firms partner to outline the concerns of the FSAI and its Board in relation to the status of the audit report. 

Annual Financial Statements 

GMcC advised the Board that the ARC members reviewed the annual financial statements for 2023 and that they recommended that they be tabled for approval by the Board.

8.3 Statement of Internal Financial Control and annual Financial Statements

Following recommendation from the ARC, and subject to agreed minor amendments from the Chair, the Board approved the Annual Financial Statements and Statement of Internal Financial Control. 

8.4 Risk and Opportunities Register 

The Board noted a significant +6 increase to Risk 2, which is related to the additional costs arising from the public sector pay agreement and further notification of significant pension lumpsums.  As yet funding for these additional costs has not been confirmed by the Department and this is the reason for the significant increase in risk.

Action: Risk 1 in relation to LAVS will be updated to reflect the most recent status of the transfer. 

8.5 Chairperson report to the Minister 

The Board noted the Chair’s letter to the Minister for Health which was circulated for information. 

8.6 Review of Declarations of Interest 2023

As per the requirement of the FSAI Act, the Chair circulated a hard copy of the Declarations of Interest received, which was reviewed and noted by the Board.  The papers were returned to FD for confidential shredding. 

8.7 Code of Conduct for the Board of the FSAI

The Board approved the code subject to acceptance of the agreed amendments. 

8.8 Scientific Committee Update 

PMC informed the Board that a paper on ‘The suitability of analytical methods for assessing food authenticity’.  will be circulated to the Board for information and decision as to publication.

8.9 Performance and Remuneration Committee Update

The Chair provided an update on the PRC meeting held 30th May which focused on the process and timeline for the recruitment of the next CEO.  

A meeting of the PRC will be held later this afternoon, where the PRC will meet with two executive recruitment agencies for the provision of services for the recruitment of the next CEO. 

The Chair informed the Board that going forward the PRC agendas and meeting minutes will be posted to the Board app with the exception of information relating to the CEO performance review. 

8.10 Revision of the Corporate Governance Framework

The revised Corporate Governance Framework was taken as read.  The Chair informed the Board that in light of the PCR she requested that the framework be given a high-level review.  It was noted that the document will be reviewed in detail following the adoption of the new strategy statement next year.  The Board approved the revised Corporate Governance Framework.

9 AOB

9.1 Briefing paper on MOU with Sustainable Food Systems Ireland (SFSI)

The CEO reported that FSAI has been involved in SFSI since 2014. SFSI is an agreement between the Department of Agriculture, Food and the Marine and Enterprise Ireland, Bord Bia, Teagasc and FSAI which offers technical assistance on all aspects of agri-food development and regulation.  It was noted that the budgetary implication for FSAI is based on an even split of annual costs, incurred by SFSI, amongst the 5 MoU partners. The range of annual costs since 2018 to 2023 have been from approx. €10k to €30k.   The CEO informed the Board that she intends to sign the revised MoU and the Board extended their support. 

*Mary Cullen, former Board member joined the meeting 

The Chair welcomed Mary Cullen to the meeting.  She advised that she has invited Mary to join today, in order for the Board to formally express their thanks to Mary for her service to the Board, ARC and PRC of the FSAI.  The Chair stated the FSAI have been very fortunate to have a person of Marys calibre, expertise and dedication serve on their Board for the past 8 years.  She thanked Mary on behalf of the Board and staff of the FSAI and wished her well for her future endeavours.

Mary thanked the Chair, Board members and staff of the FSAI and stated that she has very much enjoyed her time on the Board and wishes all continued success both personally and professionally. 

10 Private session

The Board held a private session. 
The meeting concluded at 1.00pm 

Date of next meeting: 17th September 2024

FSAI Board Actions: June 2024

There were 5 actions closed from the previous meeting on 21 May 2024.

To Note: Actions raised by the Board will be placed into the Actions table and remain there until completed (or removed by request of the Chair). Once an action is completed it will be marked as such for one meeting prior to being removed.