Brian Lenihan Jnr (Dublin West, Fianna Fail)

It helps us towards that end in terms of services rendered for the taxpayer. Sections 9 and 10 relate to professional services rendered for the State, not professional services rendered for private parties. In the context of professional services rendered for the State, these sections empower the Minister to take the actions envisaged which will result in ensuring a contribution or a reduction of professional fees by 8% as part of the measures to achieve the annualised €2 billion target.

Deputy Burton raised a question in respect of consultation involving a large group of professionals. The relevant sections, namely, sections 9 to 11, inclusive, provide that notwithstanding competition law and other constraints, there would be a process of consultation of 30 days duration which would allow the relevant Minister to determine payments for services with due regard on the one hand to the views of the professionals involved, their contracts, expenses and obligations, and on the other hand, the ability of the State to continue to provide existing health services or other services without a reduction of payments to the professionals concerned. These emergency provisions are independent of any separate decision which the Government may choose to make on the issue of a substantive amendment to the Competition Act.

I refer to various circumstances postulated by Deputies about where this section might apply. The Attorney General and the Director of Public Prosecutions are covered by the legislation and it is possible for them to invoke these powers. The Attorney General will exercise these powers. The general provision would also apply in the context of tribunals to the relevant Minister responsible for the tribunal in question.

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