Results 2,001-2,020 of 2,815 for speaker:Tony Killeen

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

Tony Killeen: I thank the Members of the Opposition for their contributions as well as the Members in the other House. I also thank the staff of the Department, the Parliamentary Counsel and the Office of the Attorney General.

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...

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. (1 Mar 2006)

Tony Killeen: Those who tabled the amendments made a particular case, which is contradictory. However, following the contributions of other Members, it is clear a concern is shared by all Members about the impact of predatory pricing, particularly where a firm might be in a dominant position. The political point was made about who is protecting big business and who is the saviour of small business and so...

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

Tony Killeen: That is an entirely inappropriate example as it pulls the emotive strings. It is grossly dishonest in the context of this legislation.

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

Tony Killeen: I refer to the example, not the Deputies or the Minister. Even those whose intent is to be the saviours of the small player must concede that the consumer is the smallest player in this equation. Ultimately, the judgment that must be made in the legislation and the amendments is how best that is done in the short term and the long term. Members are concerned more about what will be achieved...

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

Tony Killeen: I do. I had the opportunity to be entertained by reading the Committee Stage debate. I had a discussion with the Minister for Enterprise, Trade and Employment yesterday and I was briefed by officials. Like every Member who represents a rural constituency, I have heard conflicting views from various people and I had the opportunity to go into detail with a number of them on the points they...

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

Tony Killeen: I do not make that point.

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

Tony Killeen: Inserting a specific percentage to represent dominance would be entirely unsatisfactory.

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

Tony Killeen: The legislation contains a series of tests, which would be entirely destroyed by two of the amendments. It is impossible to deal with the two critical issues of dominance and predatory pricing without doing so in the context of the entire Bill. These issues also recur in later amendments but one cannot pick a sentence or two and make a fundamental change, which undermines not only the effect...

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

Tony Killeen: I am trying to deal with a number of entirely contradictory statements.

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

Tony Killeen: I have been trying to deal with three separate issues.

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——