Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I move amendment No. 60:

In page 85, line 36, to delete "secure better positioning" and substitute "retain shelf space, or to secure better positioning on shelves".

The two issues of introducing a prohibition in respect of compelling of payment in respect of shelf place to the list of prohibited activities that may be included in the regulations as well as a prohibition on requiring a grocery goods undertaking to obtain any goods or services from a third party from which the relevant grocery goods undertaking receives payment for this arrangement were raised by Deputy Tóibín on Committee Stage and I happy to propose amendments, agreed with the Office of Parliamentary Counsel, on these two issues.

I am also introducing a technical amendment to clarify that retention of shelf space is also an activity that may be covered by the regulations in the context of agreed payment for shelf space which would bring the wording of section 63(B)(i) into line with that of the new provision on prohibiting compelling of payments.

On the third and final element of Deputy Tóibín's proposed amendment, which proposes to prohibit a relevant grocery goods undertaking from directly or indirectly compelling a grocery goods undertaking to make any payment or grant any allowance directly related to the value or volume of goods traded, my understanding is that this concerns a desire to prohibit contracts that include long-term agreements which provide for the payment of substantial off invoice rebates at the end of a trading period. I have reflected on this since Committee Stage and I am of the view that the issue of regulating for payments is covered by a series of subsections in the Bill - for example, section 63B(2)(d) - and the situation outlined by Deputy Tóibín appears to be already covered by these provisions. Thus, I am not in a position to accept this amendment.

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