Oireachtas Joint and Select Committees

Wednesday, 6 April 2022

Select Committee on Jobs, Enterprise and Innovation

Competition (Amendment) Bill 2022: Committee Stage

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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I move amendment No. 133:

In page 81, line 9, after "decision" to insert "under section 15Y".

These amendments that I am proposing are straightforward. They are mainly corrections of typographical errors and clarification of language used in relation to Part 2H, which deals with appeals, court confirmation of decisions of an adjudication officer and judicial review provisions. There are also some technical amendments tidying up the draft in Part 2H.

Amendment No. 133 clarifies that a decision is made in section 15Y. Amendment No. 136 clarifies that a decision of an adjudication officer can only be appealed under the provisions of section 15AY. Amendment No. 141 also deals with clarifying the appeal provision.

Section 15AZ outlines how the court shall confirm the decisions of an adjudication officer to impose certain administrative sanctions. Amendment No. 144 deletes the existing section 15AZ(1)(b) and replaces it with a new subsection that allows for a competent authority to apply to the court on an ex partebasis for confirmation of the administrative sanction on foot of a decision of an adjudication officer, where the undertaking on whom the sanction will be imposed agrees to the application being ex parte. This is to allow for faster, less costly and less burdensome procedures for the competent authority and the undertaking involved. The application for confirmation of the decision of the adjudication officer can only be made after the time period for appeal of that decision has expired.

These amendments are aimed at clarifying the meaning of the sections and fully transposing the ECN+ directive, while ensuring that the Bill is clear and unambiguous.