Results 801-820 of 2,815 for speaker:Tony Killeen

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: It is difficult to defend against the cheap political shot with regard to who defends the small or big player. The amendments would also undermine the intent and efficacy of the legislation. Added to this, much woolly thinking represented on the issue so far in the debate has had the effect of undermining the case made for two of the amendments. It is hardly the fault of the Minister if there...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: There are European Court of Justice rulings which, as everyone in the House is aware, apply here as they do in any other member state. Much of the language of the Bill reflects directly what is in European directives and, for that reason, benefits from the effects of European Court of Justice cases. If the Bill were written differently, it would not have that benefit. If it were written in...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: I have not been told to say anything. I was given notes and background briefing——

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: If I were to think of Corofin village, I would probably have to make a declaration of interest. I had better stay away from that element. It is obvious the groceries order protected neither suppliers nor businesses given that so many of them closed, something people seem reluctant to acknowledge. I have come to the view that the issue of predatory pricing is one about which people pretend to...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: I am speaking generally, but I will be specific if I must. Ultimately, the job we are charged with doing is to present the most effective legislation. I have extended to Deputies my belief that everybody in the House is opposed to predatory pricing by those in a dominant position. I do not accept that these amendments serve in any way to improve the situation in that regard. In some cases...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: Even if one were to take that as an if, which I do not, the benefit of predatory pricing for the dominant player can only be delivered on if the player is in a position and has financial muscle over a prolonged period to exclude others and force them to close. Not only would the firm need to do that, it would subsequently need to keep other players from entering the market.

Competition (Amendment) Bill 2005 [Seanad]: Report Stage. (1 Mar 2006)

Tony Killeen: It depends on whether they are involved in both areas. With respect, it is not my call to decide whether they are. The Competition Authority has a role in this and there is provision in the Bill to allow others who wish to do so to take a role in this area. The small people are the consumers and there are many of them. There is much evidence they need protection. The way this Bill sets about...

Written Answers — Employment Rights: Employment Rights (1 Mar 2006)

Tony Killeen: It appears that the employer concerned has put the staff on lay-off. An employer is not required by statute to give my Department notice of his intention to place staff on lay-off. In accordance with the provisions of the Redundancy Payments Acts 1967 to 2003, a lay-off situation exists when an employer suspends an employee's employment because there is no work available, when the employer...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: There are several reasons that this amendment is inappropriate. First, any person who feels aggrieved will have the right to appeal under this section. Second, if this agency were mentioned, there might well be good reason to mention several others in the consumer or commercial area. In those circumstances, the amendment is inappropriate.

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: If accepted, this amendment's impact would be that cases under sections 15C(1), 15C(2) and 15C(3) could be brought to the District Court. However, the District Court cannot grant reliefs such as injunctions and declarations. That is one reason that it would be inappropriate to have this provision. While the authority cannot seek damages, a private party can do so, and the limit on the...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: It is important to state that restrictions on predatory pricing are not being removed by this legislation but strengthened. The first effect of the amendment would be that the same price would be charged in all shops operated by a retailer nationwide. It would impose a national pricing policy, clearly creating some difficulties in local markets. It would distort and prevent competition there,...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: I understand Deputy Howlin's point and what his amendment tries to achieve. Under normal circumstances, his point would undoubtedly be correct.

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: It is somewhat unusual, in the sense that the Bill will only come into force as a result of a commencement order under section 6(3). The intention is that section 5(2) will not be commenced until all proceedings in train pursuant to the 1972 Act have been disposed of. Once that happens, a second commencement order will be introduced to give effect to section 5(2). The Bill has been drafted in...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: The position I outlined does not arise from any particular preference in the Department or, indeed, on the part of the Minister. The legal advice was that this was the appropriate way to set them down. We looked again at them because I understood the import of what Deputy Howlin stated on Committee Stage and again on Report Stage. Frankly, I thought the logic of what he stated was strong but...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: I do not know whether it is appropriate to respond to the points made by a number of speakers, but the Minister for Enterprise, Trade and Employment, Deputy Martin——

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: I have only spoken on Fifth Stage——

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: I have not spoken, in any event. I have merely moved that Fifth Stage be taken and the Bill be passed. A number of points have been made, some of which re-hash arguments made on Second, Committee and Report Stages.

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: It is very important to realise that some of the amendments put forward would have had the effect of undermining section 5 of the Competition Act 2002, which would have gone against everything said by many people. The Government was accused of populism amid concerns about stealth taxes and rising prices. There are no stealth taxes. Any taxes which are imposed are done so through this House or...

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: We must remember that under the groceries order of 1987, 2,500 small businesses closed. That is pretty good going in 15 years and even if——

Competition (Amendment) Bill 2005 [Seanad]: Report Stage (Resumed) and Final Stage. (2 Mar 2006)

Tony Killeen: If there were no other reason for addressing this issue except the one I have cited, although there are many other reasons, it is a good one.