Dara Calleary (Mayo, Fianna Fail)
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I move amendment No. 2:

In page 8, between lines 34 and 35, to insert the following:"(3) The Minister shall make provision under this section whereby it shall not be a breach of this Act (or any statutory instrument relating to competition law), for the State to negotiate fees in relation to professional contracts for services from members of professional bodies, and a list of such services and bodies shall be set out by the Minister under this section.".

This amendment relates to ongoing issues with various professional organisations. Citing the Competition Act, the Competition Authority has stated that, when negotiating with Departments, the organisations cannot represent the interests of their members, particularly in respect of pay and conditions. That those who seek to represent the rights of members entering into contracts with the State would be prohibited under competition law from doing so seems to be an unintentional anomaly. I suggest that this amendment might be away around that anomaly. I am conscious that court proceedings relating to this matter are under way.