Phil Hogan (Carlow-Kilkenny, Fine Gael)

I oppose the enactment of this legislation on Fifth Stage for the various reasons that were pointed out on Second Stage and Committee Stage by all sides of the House. It is an unusual situation where all sides of the House are almost in agreement, but the Government is ploughing ahead with this legislation irrespective of the views expressed on all Stages. It is rather strange that not even a technical amendment was offered by the Government side to show it cares about some of the views expressed on Second Stage. It is rather dismissive of all views contrary to the position of the Department.

The Minister for Enterprise, Trade and Employment, Deputy Martin, indicated at the time of the abolition of the groceries order in November 2005 that he was prepared to listen to various views and was prepared to put certain sections into the Competition Act which would protect the interests of consumers and which would ensure rebates and discounts were passed on to them but which would not allow a situation that would concentrate the market in the hands of a few. By opening up the legislation in the manner in which he has to ensure there are no proper safeguards on predatory pricing, he is putting at risk competition in the local marketplace in the sale of goods and services, allowing big business to supersede all other arguments over small business, and putting at risk the indigenous food and other interests which supply small and big business in this country.

This is a retrograde step in the absence of the protections and the clarification under law required to ensure predatory pricing was banned. If the Minister had no difficulty about the banning of predatory pricing under section 5 of the Competition Act 2002, he should have no problem whatsoever in accepting the views expressed by his backbenchers and the Opposition by inserting an amendment to ensure that what he had stated was, in fact, what the position would be and to give absolute clarity to the issue of predatory pricing in line with what all of us in this House would like to see happening. That was not forthcoming and the obstinate and stubborn manner in which the Minister for Enterprise, Trade and Employment has insisted on this legislation going through does him no service and, unfortunately, does competition in this country no service either.

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