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Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: As there are no wider issues in amendment No. 43, I believe I have dealt with the concerns raised by the Deputy in this regard.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: The wording I have chosen is what I consider to be the appropriate one. It gives the context within which consideration should be given in the framing of regulations. Deputy Calleary's version goes too far in seeking to be too prescriptive. Consequently, I cannot accept the wording he has offered. However, the wording I have drafted as an alternative hopefully meets the concern raised by...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 45:In page 84, line 1, to delete “freely negotiated contractual arrangements” and substitute “maintaining freedom of contract”.This is a technical amendment.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 46:In page 84, between lines 4 and 5, to insert the following:“(f) the economic importance to the State of the production, supply, distribution, wholesale and retail sectors in respect of grocery goods,”.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 47:In page 84, line 5, to delete “(f) the” and substitute “(g) the”.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 48:In page 84, line 8, to delete “(g) the” and substitute “(h) the”.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 49:In page 84, line 11, to delete “persons” and substitute “persons (including relevant grocery goods undertakings and other grocery goods undertakings)”.This is a technical amendments to ensure that relevant grocery goods undertakings and other grocery goods undertakings will be consulted when regulations and guidelines are being drawn up.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 35:In page 82, line 26, to delete “consideration or inducement” and substitute “consideration, allowance or inducement”.This is a technical amendment to the definition of payment to include allowance as a means of payment.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 36:In page 82, line 33, to delete “distribution or retail” and substitute “distribution, wholesale or retail”.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: Deputies Calleary and Tóibín have again called for a reduction in the turnover threshold specified in the Bill for a qualifying relevant grocery goods undertaking from €50 million to €10 million annually. As I set out on Committee Stage, the current threshold has been carefully chosen and I will repeat the main considerations again. First, I want to ensure these...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: We are regulating for a concern that large retail outlets have excessive power which has resulted in a number of sharp practices with regard to suppliers, about which many of us have heard anecdotal stories. We are not trying to institute in this legislation new provisions for every sector; we are dealing with this particular sector. Under existing competition law there is capacity for the...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I do not accept this is how we should go. The issue regarding groceries has long been building as a concern, and there have been many practices such as "hello money" and special promotions which have left suppliers exposed. There is also an issue with regard to how wastage and forecasting are used by large retailers to militate against the interests of suppliers. This set of problems is...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: This is special legislation introduced to address a specific problem in the grocery sector which all parties, in Oireachtas committees, have examined. The legislation has a long provenance coming from work done, much of it driven by concerns about primary food suppliers of one type or another. I do not seek to rewrite completely the competition legislation. Our legislation is derived from...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 24:In page 76, line 12, to delete “(3) The” and substitute “(4) The”.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 25:In page 77, to delete lines 29 to 35 and substitute the following:“(5) In this section— ‘confidential information’ includes— (a) information that is expressed by the undertakings involved in the merger or acquisition to be confidential either as regards particular information or as regards information of a particular class or...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 26:In page 78, to delete line 16 and substitute the following:“(d) by inserting the following definition:“ ‘relevant statutory instruments’ means the statutory instruments for the time being in force specified in Schedule 9;”,(e) in the definition of “relevant statutory provisions”—(i) by inserting the following...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 27:In page 81, between lines 1 and 2, to insert the following:“Amendment of section 87 of Act of 2007 78. Section 87 of the Act of 2007 is amended—(a) in subsection (1), by deleting “and in good faith”, and (b) in subsection (3), by deleting “and in good faith”.”.

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 28:In page 81, between lines 5 and 6, to insert the following: “Insertion of Schedule 9 to Act of 2007 79.The Act of 2007 is amended by inserting the following Schedule after Schedule 8: “SCHEDULE 9 Section 2 Relevant Statutory Instrument Number and Year (1) Citation (2) S.I. No. 63 of 2005 European Communities (Distance Marketing of Consumer...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 30:In page 82, line 9, to delete “and”.Deputies Calleary and Tóibín raised the issue of including garden plants in the definition of grocery goods on Committee Stage due to claims that serious issues affect producers in this market. Having considered the matter, I am prepared to accept the amendment with the addition of the words "garden plant...

Competition and Consumer Protection Bill 2014: Report Stage (Resumed) (2 Jul 2014)

Richard Bruton: I move amendment No. 31:In page 82, line 10, to delete “toiletries;” and substitute the following:“toiletries, and (d) garden plants and garden plant bulbs;”.

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