Áine Brady (Kildare North, Fianna Fail)

The Bill is addressing a specific issue that has arisen. Its purpose is to allow the Minister for Enterprise, Trade and Innovation to fill immediate vacancies in the Competition Authority for the duration of the period when the Public Appointments Service competition is being held. Upcoming vacancies would have the effect of reducing membership of the authority below the statutory minimum requirement and impede its proper functioning.

The Minister, Deputy Batt O'Keeffe, is concerned that an improperly constituted authority would be unable to fulfil its statutory obligations and any decisions made by members in such circumstances would be open to legal challenge. Of particular concern are the functions specifically reserved by statute to the authority acting as a decision-making collective body. As he stated on Second Stage, and acknowledged by the Minister of State, Deputy Conor Lenihan, on Committee Stage, the Minister must ensure the authority can function with the requisite statutory membership for the duration of the period when the Public Appointments Service competition is being held. To ensure the persons appointed are suitable for the positions, the Bill, as drafted, provides that appointees to these temporary positions must, in the opinion of the Minister, possess sufficient expertise in or experience of at least law, economics, public administration, consumer affairs or business generally.

The amendment, proposing adding an Oireachtas scrutiny phase, would result in an additional new layer to the selection process and would have the potential to delay the temporary appointments, leaving any decisions made by the authority's members in such circumstances open to legal challenge.

The Minister intends bringing the draft heads of the consumer and competition Bill to the Government in the forthcoming weeks for approval. The Bill is expected to be published in the autumn and will cater for the merging of the National Consumer Agency and the Competition Authority, including its structure. The amendment, therefore, is premature in that context.

For the reasons outlined, I will not accept the amendment.

See this speech in context