Oireachtas Joint and Select Committees

Thursday, 15 May 2014

Select Committee on Jobs, Enterprise and Innovation

Competition and Consumer Protection Bill 2014: Committee Stage

12:35 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 11:


In page 20, to delete lines 26 and 27 and substitute the following:"(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both,
(c) if the contravention concerned continues for one or more days after the date of its first occurrence, the person referred to in this subsection is guilty of a separate offence for each day that the contravention occurs; but in respect of the second or subsequent offence of which he or she is guilty by reason of that continued contravention, paragraph (b) shall have effect as if “€25,000” were substituted for “€250,000.”.
The proposal in the Bill refers to "on conviction on indictment, a fine not exceeding €30,000." The people we are dealing with like to ram a coach and four through competition law for the organisations that they work for or represent, and a fine of €30,000 means literally nothing to them. If we are serious about establishing competition law and ensuring that it stands up for the small guy then we need to raise the fine to something that such people might think about, such as €250,000. Not only are they not wary of the fine, they will repeat the offence and know that new proceedings would have to be taken. For every day the offence continues there needs to be a higher penalty.

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