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

If one is an employee of the State, one can negotiate through a trade union. If one is a self-employed, independent operator, however, one can negotiate on all issues other than fees, in which regard one is only permitted to consult. Deputy Tóibín asked whether this was a fair balance. The State is not regarded as a monopoly in that sense. It represents the public and is not comparable to a monopoly. One cannot have groups of independent undertakings, be they self-employed or incorporated, acting in concert to set fees. That is prohibited by the section in the Act in the interests of consumers and the marketplace. This provision is designed to protect a market that operates in a fair way. Obviously, if one is an employee, one can negotiate. If one is self-employed, one can negotiate on non-fee items and consult in respect of fees.

To address Deputy Calleary's point, I understand that the case will be heard on 21 May.