Dara Calleary (Mayo, Fianna Fail)

I thank the Minister of State for his response but it encapsulates the entire difficulty with the Bill and the approach being taken. For as long as we treat breaches of competition law in a different way to a purely criminal offence and take a slightly benign attitude to breaches of competition law we will just sail along. Deputies Tóibín and Flanagan have outlined the consequences. We can talk about breaches of competition law. The Minister of State is well aware that the Competition Authority is not properly resourced to deal with the kind of operators who are breaching competition law. We see it in the concrete and retail sectors among other areas. It will remain a problem as long as we have a benign, happy attitude that it is not a criminal matter, it is a civil matter. It is a criminal offence if one uses one's dominant power as a business to put another company out of business. It may not be an offence but it is a criminal act to use one's commercial dominance to affect the choices available to consumers and the State in whatever field one is in. The difficulty with the Bill is that it is a sticking plaster, a Band-Aid. We were promised a far more comprehensive Bill and we are still waiting for it. I hope that if such a Bill comes before us it will be accompanied by a change in attitude from the Department.

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