Michael D Higgins (Galway West, Labour)

Before Christmas, and again in this session, Government spokespersons committed themselves to introducing legislation, following a review of the Competition Authority. This arose in the context of the discussion of the Competition (Amendment) Bill 2007. The Government indicated that a review of the Competition Authority's powers and functions was under way. When can we expect that legislation? I ask the question because of the urgency that attaches to it in view of the fact the HSE is choosing to ignore the Fennelly judgment in the case against the Irish League of Credit Unions. Mr. Justice Fennelly upheld the appeal by the Irish League of Credit Unions and on behalf of the Supreme Court stated that where there was no issue relating to the economy or the abuse of a dominant position, the Competition Authority had no role. This is precisely one of the roadblocks in the pharmacy dispute.

When we addressed this issue substantively in my Private Member's Bill before Christmas, Government spokespersons indicated they would respond to issues such as this with their own legislation. My legislation, on behalf of the Labour Party, was voted down. When it is proposed to circulate heads of a Bill? What is the position regarding the review? When may we expect legislation? Does the Tánaiste agree the elimination of this roadblock would have enabled people, as is usual in most democracies, to be collectively represented? Mr. Justice Fennelly was explicit on this issue. He argued that the straying of the Competition Authority into another area is unhelpful. I also object to the abuse of power by the HSE, which probably contacted the authority and asked it to use powers it does not have.

It would be enormously helpful if the Tánaiste would indicate when the Government proposes to clarify the role of the Competition Authority or alternatively, if it proposes to bring forward trade union legislation that would copperfasten the right to collective representation and ensure it can never be struck down by quangos.

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