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Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: The same argument prevails here. This was not part of the area of concern signalled and was not part of the discussion that went into the development of the legislation. At this point, I am not willing to accept it.

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: This amendment seeks to reduce the turnover threshold from €50 million to €10 million. The €50 million figure is the threshold to carry the new obligations in respect of recording contracts, having compliance officers and so on. First, it is intended to ensure these provisions are not disproportionate by including a broader swathe of processors, suppliers and retailers...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: The issue of franchises has two sides to it - the individual operator who holds a franchise licence, the franchisee, and the overall, higher level operator, the franchisor, which operates and controls the franchise. While the majority of individual franchisees are small operations with a turnover of less than €5 million per annum, the parent franchisors are much bigger concerns with...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: This amendment seeks to include a statement in section 63B(1) to the effect that the Minister should include the importance of, and impact on, the economic viability and sustainability of primary producers of decisions made at processing and-or retailing level when considering introducing regulations. On the first element of this proposal, this would introduce the concepts of viability and...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: These amendments, that call for relevant grocery goods undertakings to disclose the profits of their Irish outlets, refer to a stand-alone provision not related to the regulations that may be made to regulate certain practices in the grocery goods sector. The purpose of this Bill is to regulate the relationship between various parts of the supply chain to ensure there are no abuses and the...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: I am not aware of any such representations but this debate has a very long history, dating back to previous Ministers and the appointment of John Travers. The lobbying on this issue was carried out by the Irish Farmers Association. A level playing field is provided by the accountancy regulations, which apply everywhere in the European Union. There is not a different set of accountancy...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: The Bill already provides for a wide suite of means of sanction for offences related to the grocery goods regulations. Included in the Bill are specific sections relating to civil action by aggrieved parties for damages. For example, section 83, which inserts the new section 63E(3), (4) and (5) into the Act of 2007, provides that an aggrieved party can take action to seek relief through the...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: Section 86, which the Government introduced on Report Stage in Dáil Éireann, provides that where a court has made a final finding in a particular case in respect of breaches of the grocery goods part of the Bill, that finding is res judicatafor the purpose of subsequent proceedings regardless of whether parties to those subsequent proceedings are the same as the parties to the first...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: I thank the Senators. Senator Darragh O'Brien to a degree has answered the question. The Government proposes to deal with this issue by way of regulation and not by way of a primary provision in the Acts. To answer Senator O'Brien, the Government is developing the regulations in parallel as, obviously, the Department cannot finalise regulations until the final version of the Bill is seen....

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: The two issues of introducing a prohibition in respect of compelling of payment in respect of shelf space 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 whom the relevant grocery goods undertaking receives payment for this arrangement, were...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: There are two main issues in these amendments. Irish and EU law recognise simple retention of title clauses of the kind set out in the amendment and the courts have upheld such clauses. However, to take up Senator Quinn's point, it is one thing for the law to uphold certain forms of retention of title clause freely agreed by contracting parties, but another for it to insert a mandatory...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: Most countries have looked at the grocery sector and found that it has problems that are particular to it because of the presence of very substantial retailers relative to pretty small players on the supply side in some cases. We have ensured it will also apply to relatively small retailers which might have supply chain problems with very large distributors. Senator Barrett is right in...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: Perhaps the ruling has changed and I do not want to prejudice proceedings.

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: I see. We went through a phase and the IFA, for example, has spoken about an ombudsman. In the Competition Authority we have a really seasoned player with many years of battle scars in trying to deal with fair trading and competition. It is the best placed body to deal with this, and especially now that it will have the experience of the consumer agency. As I noted on Second Stage, this...

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: Maybe I am on the right track. I thank the Senators for the kind remarks. I have enjoyed debating this interesting Bill, which has garnered many views. We are adopting a balanced approach and it will not be a red-tape disaster which many fear. We have tried to confine it and be balanced, and I hope that aspiration will emerge from it.

Seanad: Competition and Consumer Protection Bill 2014: Committee Stage (10 Jul 2014)

Richard Bruton: This section arises from the previous role the National Consumer Agency played in financial affairs, and it provides that the new commission will continue to play that role. It is a continuation of a role rather than exploring any new ground.

Written Answers — Department of Jobs, Enterprise and Innovation: Health and Safety (15 Jul 2014)

Richard Bruton: The duty to protect persons from impairment of their mental condition as a result of work activities is contained within the Safety Health and Welfare at Work Act 2005. Under this Act employers have responsibility to ensure that all their employees are provided with a safe place to work - this duty extends beyond physical safety. An employer must ensure that no employee, in the carrying out...

Written Answers — Department of Jobs, Enterprise and Innovation: International Bodies Membership (15 Jul 2014)

Richard Bruton: The Government's priority in the area of science, technology and innovation is to implement the recommendations of the National Research Prioritisation Exercise which will see the majority of public research funding aligned with priority areas where we are most likely to get economic and social returns, particularly in the form of jobs. Ireland's membership of international research...

Written Answers — Department of Jobs, Enterprise and Innovation: IDA Site Visits (15 Jul 2014)

Richard Bruton: I am informed by IDA Ireland that up to the end of June 2014, there were a total of 250 site visits by potential investors to various locations across the country. Details of the number of site on a county basis are set out in the attached tabular statement. Data on the site visits is maintained on a county basis only. As the Deputy is aware, Foreign Direct Investment (FDI) is, and will...

Written Answers — Department of Jobs, Enterprise and Innovation: Trade Missions Expenditure (15 Jul 2014)

Richard Bruton: Under my Department, Enterprise Ireland is responsible for the development and internationalisation of Irish enterprises. Enterprise Ireland has a network of 30 offices worldwide to help Irish firms develop overseas markets. Each year, Enterprise Ireland, following dialogue with my Department and the Department of Foreign Affairs and Trade organises a series of targeted Ministerial...

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