Oireachtas Joint and Select Committees

Tuesday, 2 February 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Pre-legislative Scrutiny of the General Scheme of the Competition (Amendment) Bill 2021

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

I thank members and witnesses for participating in today's meeting in line with the exceptional circumstances we are experiencing under Covid-19. I remind them that apart from myself and members of the committee secretariat, all members and witnesses are participating remotely and all members are required to participate from within the Leinster House complex.

I am pleased that we are able to commence our pre-legislative scrutiny of the competition (amendment) Bill 2021. The principal objective of the Bill is to transpose the EU's European Competition Network, ECN, directive that will make the Competition and Consumer Protection Commission, CCPG, and the Commission for Communications Regulation, ComReg, more effective in overseeing and enforcing competition law. The directive was adopted in 2019 with a transposition deadline of 4 February 2021. The Minister for Enterprise, Trade and Employment, Deputy Varadkar, recently sent the general scheme of the Bill to the committee asking that we prioritise our consideration of this matter. Today, we are receiving a first briefing on the matter after which members can indicate how they wish to proceed with our conversation on the matter.

From the Department of Enterprise, Trade and Employment, I welcome Ms Clare McNamara, who is accompanied by Ms Gráinne O'Carroll and Mr. Seán Smith and will make an opening statement explaining what is involved after which members can discuss this matter. The witnesses are participating remotely. In line with normal practice, members have been provided with opening statements from the Department.

Before we start, I will explain some limitations to parliamentary privilege and the practice of the Houses as regards references witnesses may make to other persons in their evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege.

However, today's witnesses are giving their evidence remotely from a place outside the parliamentary precincts. As such, they may not benefit from the same level of immunity from legal prosecution from proceedings as a witness physically present does.

Witnesses are reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that may be regarded as damaging to the good name of that person or entity. Therefore, if their statements are potentially defamatory in relation to an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative that they comply with any such direction.

I now invite Ms Clare McNamara to make her opening statement. As her written statement has been circulated, it may be helpful to just highlight the main issues in it.

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