Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The Bill provides, under section 32, that the new competition and consumer protection commission will submit an annual report to the Minister for Jobs, Enterprise and Innovation. The Minister will lay the report before both Houses of the Oireachtas. It is not normal for such annual reports to contain recommendations.

However, the Bill also provides, at section 10, as part of the new commission's functions, for the new commission to undertake studies or analysis, including at the request of the Minister at section 10(4). This is based on existing legislation under the Competition Act 2002 and the Consumer Protection Act 2007. In this context, the commission will be able to make recommendations to Ministers, etc.

On the Competition Act 2002, the Competition Authority may report - it has on many occasions reported - on how competition is working in different sectors, and it has made recommendations to improve how competition works in these sectors. Such recommendations are addressed by the relevant Minister, public body or representative body, as appropriate.

While the new commission may be expert in the area of competition and consumer protection, it does not have the wider public policy role that Departments of State have. Ministers and Departments must consider issues from more than one policy perspective and they must weigh competing and conflicting policies against each other. A single-focus, albeit expert, body does not typically bring such wider considerations into its deliberations.

Currently, in practice, the Government has agreed that the relevant Minister who is responsible for the area under a competition authority report has to report to Government within nine months with his or her reaction and the Government notes or takes a decision. It would be expected that the same would apply to the reports of the new commission.

Thus, I am not in a position to accept the proposed amendment.

See this speech in context