Micheál Martin (Cork South Central, Fianna Fail)

Let us get matters straight. The 2002 Act set up the Competition Authority as a statutory independent body. The Oireachtas, including Deputy Hogan, took that decision on the basis that it probably came to the conclusion that political interference in the operational work of the authority would carry significant hazards and could compromise the authority to an unacceptable degree in the context of performing its work and achieving its objectives. Therefore, the Department does not advise the Competition Authority on how it should go about its work. To do so would, in essence, contravene the Act.

I understand from where Deputy is coming. We all have good relations with the Irish League of Credit Unions. We are studying the detail of the case and in that regard we may make observations known to the Competition Authority, but it is equally important to point out there is an impression going around that is all the authority has been doing. It is worth pointing out that criminal prosecutions for breach of the 2002 Act were brought by the DPP based on extensive investigative work carried out by the authority. In 2006, for example, 15 criminal convictions were secured on behalf of the authority while to date in 2007 three further convictions have been obtained, with another three cases before the court. There are no legal cost implications for the authority in the case of these criminal prosecutions, which are included in the DPP's budget. These ground breaking convictions are the first criminal convictions by jury in respect of breach of competition law in Europe and the other jurisdictions are looking to Ireland and the authority's criminal enforcement record as a result.

Over the past year or so Deputy Hogan was strong on this issue of whether there had been any criminal convictions. The evidence is clear that there have been. I note he seems to have a consistently negative perspective on the Competition Authority but unless he is suggesting we change the statute and remove the authority's independence, I will not interfere or breach the law as it stands.

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