Tony Killeen (Clare, Fianna Fail)

Deputy Howlin has outlined the position very fairly. As I have indicated previously, I have a good deal of sympathy with the situation that arises here. The Deputy also pointed out the difficulty in dealing with the matter in this context. On Committee Stage, I indicated that I did not consider this Bill to be a suitable vehicle. As it turns out, I was dealing with the Competition Bill on Report Stage, by which time the amendment was ruled out of order in the context of that Bill's Long Title. It certainly seems to me to be entirely inappropriate in the context of the legislation before us, which deals with information and consultation. Even if it were appropriate, however, the fundamental difficulties still arise. It seems quite difficult, in the first instance, to provide for what at this stage is only a decision of the Competition Authority which, strangely in my view, has not been tested in the courts. Deputies know the history of that matter. Had that happened, we would have had a better basis on which to consider a legislative response. Even then, however, before the Government could consider bringing forward some measure to deal with it, the Attorney General's advice would be required on how best to do so. I would certainly feel a lot happier if that were the case. As it turns out, the competition area does not fall within my remit and it is not my business to give any undertaking on it. In the context of this legislation, however, it seems entirely inappropriate that this matter should even be on the agenda or should form any part of the Bill.

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