Pat Breen (Clare, Fine Gael) | Oireachtas source

I will try to take the Leas-Cheann Comhairle's advice on board.

I thank the Deputy for his question. The current legal position is that civil fines are not provided for in Irish law for anti-competitive practices. My Department obtained advice on the issue of civil fines from the Office of the Attorney General to the effect that civil fines are not provided for in Irish law for anti-competitive practices having regard to Article 38.1 of the Constitution, which provides that no person shall be tried on any criminal charge save in due course of law. In that context, any national legislation to introduce civil fines that would lower the burden of proof from beyond reasonable doubt to the balance of probability would pose constitutional difficulties having regard to the protection afforded under Article 38.1.

On 22 March 2017, the European Commission published a proposal for a directive of the European Parliament and of the Council to empower the competition authorities of the member states to be more effective enforcers and to ensure the proper functioning of the Internal Market. One of the aims of the directive is to ensure that all national competition authorities are able to impose effective deterrent fines. The proposal is currently being debated at the Council working group on competition and is also being considered by the European Parliament.

I am aware that the Law Reform Commission published an Issues Paper entitled Regulatory Enforcement and Corporate Offences on 27 January 2016. The Issues Paper invited views on the enforcement powers of the State’s main financial and economic regulators, including the Competition and Consumer Protection Commission, CCPC, and the issue of administrative and civil fines was raised. I understand the CCPC made a submission to the Law Reform Commission on 19 September 2017, in response to the Issues Paper, requesting the power to levy such fines. With respect to any recommendations or proposals that may emanate from this exercise in due course, we will carefully consider them in the Department.

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