Oireachtas Joint and Select Committees
Tuesday, 16 October 2018
Joint Oireachtas Committee on Agriculture, Food and the Marine
EU Directive on Unfair Trading Practices: Discussion
3:30 pm
Mr. Fergal O'Leary:
That is an important point.
A standard of evidence is required when considering complaints and investigations. During a criminal prosecution, a witness is required to sit in the witness box and display to the courts that a crime has happened. The commission can then bring the evidence to bear along with that. This applies in the context of cartel work and criminal prosecutions.
Separate to that, the CCPC is open to talking to anybody at any time under any circumstances. It can carry out investigations on its own initiative and it gathers evidence. As Mr. Murphy stated, we have met retailers, suppliers and representative groups. If we are given evidence, then, within our statutory remit, we will look into it. That is not just in this sector but in every sector. That is the job of the commission. We can engage informally which will then allow us to do further work but, when it comes to courts and criminal enforcement, we are looking for a witness with whom we can work to ensure that a case can be brought forward. Those are the thresholds and things that have been given to the CCPC by the Oireachtas in terms of due process and ensuring that all sides to an investigation have the right to fair play.