Phil Hogan (Carlow-Kilkenny, Fine Gael)

I support Deputy Howlin's amendment. The Minister of State should not make the excuse that because it does not fit into this legislation it is not a good idea and cannot be accommodated. All types of legislation passed over the years contain miscellaneous provisions, not least the Competition Act. In various Acts he brought forward, the Minister for Enterprise, Trade and Employment adopted the practice of including extraneous materials which have nothing to do with the legislation, such as the measures we passed last November to increase fines under legislation covering the supply of goods and services, which were included in legislation that had nothing to do with consumer issues. It is not an excuse to state this issue is not important and even if it were it could not be entertained in the context of this legislation.

One of the explanations given on why it has not gone to court is precisely the reason we gave during the course of debate on the Competition (Amendment) Bill, namely, that the evidential burden and the cost of taking on these issues, which the Competition Act should deal with more forcefully and robustly, will fall on the small people who do not have the resources or wherewithal to tackle the big players in the market.

We pointed out that in the grocery trade people in small shops are expected to take on the big multiples and the Minister for Enterprise, Trade and Employment, Deputy Martin, has no problem with that. The reason few cases will go to the High Court on competition issues is the evidential burden involved for people on low income who are not properly organised. This amendment caters for that small group of people on low income who are not organised, and who are deemed not to be organised for the purpose of negotiating a fair deal because of decisions made in the Competition Act. This amendment addresses that gap. It does not deal with many people, but it deals with people in the low income artistic world represented by Irish Equity and it should be entertained.

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