Dara Calleary (Mayo, Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 8, after line 35, to insert the following:“(3) The Minister shall make provision under this section whereby it shall not be a breach of this Act (or any statutory instrument relating to competition law), for the State to negotiate fees in relation to professional contracts for services from members of professional bodies, and a list of such services and bodies shall be set out by the Minister under this section.”.

Amendment No. 1 is in my name and amendment No. 17 is in the name of Deputy Tóibín. This amendment seeks to address an anomaly that currently exists in competition law prohibiting organisations representing professionals from negotiating with State agencies on terms and conditions. This was the subject of recent proceedings between the Irish Medical Organisation and the Government and it affects a diverse range of groups, including pharmacists, actors and others. When these professionals seek to come together as a group to negotiate terms and conditions on behalf of members, they are open to action by the Competition Authority. Such action has been taken against various organisations and this is not acceptable.

It is wrong that the State can dictate the terms and conditions of contracts such as the General Medical Service contract, the pharmacy contract and others. The State can avoid the negotiation of terms and conditions because of this lacuna. This amendment seeks to level the playing pitch in order that a proper working relationship can exist between the State and various professions that carry out services on behalf of the State. This is not a market situation and the State is using this legislation and its dominance as the only provider of GMS, pharmacy and other services to hide from its negotiation responsibilities.

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