Dara Calleary (Mayo, Fianna Fail)
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We are not discussing a predetermined attempt to determine prices, but people's negotiation of contracts with State providers. The HSE or another organisation could be seeking people to provide a service on its behalf in a normal business practice. Technically, the people might be self-employed, but they are actually being employed by the State to deliver on contracts. In any business, people have a right to negotiate their contracts, the terms and conditions of same and how the contracts are delivered. Competition law is being used to prevent proper negotiation.

The Minister might update the committee on the court case's timing. It was due to be heard in April. When the might of the State can enforce competition law so as to make negotiations on behalf of service providers difficult, the situation needs to be resolved. We cannot use competition law to defend that practice.