Batt O'Keeffe (Cork North West, Fianna Fail)

On the question of savings, I advise Deputy Penrose that both bodies are operating at staffing levels below what would have originally been sanctioned. The NCA has 39.4 whole-time equivalents - WTEs - and 80 were sanctioned. The Competition Authority has 43.2 WTEs and 59 were sanctioned.

I anticipate that the staff complement of the new merged body will be less than the posts allocated to the two bodies. That must be considered in the context of the overall control of public sector numbers. I expect there will be savings from shared services in back-office activities such as human resources and finance. The NCA is taking over the functions of the Financial Regulator relating to consumer information and education, and some staff have already been transferred. The two agencies are located in two separate buildings, and the issue of relocating them to one building is being examined.

Deputy Penrose raised the issue of what powers we will give the new body. Regarding direct complaints to the Competition Authority, the forthcoming legislation will not only restate the provisions on anticompetitive conduct in the grocery goods sector in the Competition (Amendment) Act, 2006, but include additional provisions to make it more attractive for people to pursue actions against grocery goods undertaking. That is subject to the advice of the Attorney General. The legislation provides for relief by way of aggravated damages and allows the courts the discretion of limiting the costs of action taken by parties.

Where the court has determined that a particular practice is anticompetitive on the basis of an action taken by the new body, the parties taking private follow-on actions should not also have to prove that the particular action was anticompetitive. I view that as very progressive.

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