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Written Answers — Department of Jobs, Enterprise and Innovation: Work Permit Applications (27 May 2014)

Richard Bruton: Between October 2011 and August 2012 an employer submitted six work permit applications in respect of the person named by the Deputy. In each instance the applications were returned as the application form itself was not properly completed or there was supporting documentation outstanding. There is no record in my Department of a current work permit application in respect of this person.

Written Answers — Department of Jobs, Enterprise and Innovation: Job Creation Data (27 May 2014)

Richard Bruton: Through its range of overseas offices IDA Ireland markets Castlebar for inward investment as part of the West Region, which consists of Counties Mayo and Galway. There are 78 IDA Ireland supported companies in the West Region, employing 17,000 people, of which 18 companies are located in County Mayo and employ over 3,700 people, mainly in the medical technologies and pharmaceutical...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 73: In page 88, between lines 29 and 30, to insert the following: “Amendment of Central Bank Act 1942 79. The Central Bank Act 1942 is amended—(a) in section 2, by deleting the definition of “Agency”, (b) in section 5A, (amended by section 14 of the Central Bank Reform Act 2010)—(i) by substituting “the Competition and Consumer...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 74: In page 88, between lines 29 and 30, to insert the following: “Amendment of Personal Injuries Assessment Board Act 2003 80. Section 56 of the Personal Injuries Assessment Board Act 2003 is amended by substituting the following subsection for subsection (6):“(6) The chief executive, and a person nominated for such appointment by the chairperson of the...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I will revert on Report Stage with revised Schedules on the Consumer Protection Act 2007.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 75: In page 7, line 9, after “2002,” to insert “the Central Bank Act 1942, the Personal Injuries Assessment Board Act 2003,”.The amendments being proposed to the Central Bank Act 1942 and to the Personal Injuries Assessment Board Act 2003 are consequent to the establishment of the new competition and consumer protection commission and...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 67: In page 84, line 17, to delete “(3) Regulations” and substitute “(4) Regulations”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 68: In page 84, line 20, to delete “(4) The” and substitute “(5) The”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 69: In page 84, to delete line 25 and substitute the following: “(6) Guidelines issued under subsection (5) shall—”.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: My view is that the Competition Consumer Protection Commission is the independent body and is the ideal one to do it. It has the expertise. It is regularly dealing with market interaction of this nature, the balance of powers in a competitive market, the interest of consumers and so on. It is the best agency to deal with it. Colleagues from across the corridor might say it is another...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: This proposed amendment seeks the deletion of the provision which provides that where there is or was available to the complainant an alternative and satisfactory means of redress regarding the conduct complained of the commission may decide not to investigate a complaint. This is just one of four grounds for a decision not to continue with a complaint, the others being on the grounds of...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: The way in which the Bill deals with that achieves the right balance in terms of what the Deputy seeks. The commission will have authority under section 63C(2) to initiate an investigation of a relevant goods undertaking on foot of receiving a complaint but it can also do it on its own initiative. This alternative allows us to investigate independently of the complaint being made. Equally,...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: The Deputy's wording makes it compulsory whereas what we have provided in the Bill will ensure the anonymity. However, it cannot be an absolute imperative because it then ultimately takes from the enforcement in some circumstances. The amendment is probably unnecessary in that what is being attempted here is the best that can be done while respecting the constitutional legal system. The...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: Irish statute law and EU law recognise simple retention of title clauses of the kind set out in the amendment. The courts have also upheld such clauses. It is one thing for the law to uphold certain forms of retention of title clause freely agreed by contracting parties but quite another for it to insert a mandatory title retention clause into commercial contracts. To the best of my...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: The counter-argument is well made, that the amendment would affect the interests of third parties. The Revenue Commissioners act on behalf of the State. Other interests that are looked after are employees and unpaid service providers. They deserve to be protected in the case of a large company getting into financial difficulty and not being able to make payment. This is a much more...

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 60: In page 82, line 33, to delete “supplier” and substitute “supplier or retailer”.The amendment extends the provision to cover retailers as well as other relevant goods undertakings, for example, suppliers and-or distributors.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I will examine the matter and come back to it on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: Again, while it is adequately addressed in the Bill I am prepared to reflect on the issue and come back to the Deputy on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: Again, the belief is that we have adequately covered the issue but given what the Deputy has said we will look again at the matter and revert to him on Report Stage.

Select Committee on Jobs, Enterprise and Innovation: Competition and Consumer Protection Bill 2014: Committee Stage (15 May 2014)

Richard Bruton: I move amendment No. 64: In page 84, between lines 16 and 17, to insert the following:“(3) Subject to this section, when making regulations under this section, the Minister may prescribe one or more classes (whether retailers, suppliers or wholesalers) of relevant grocery goods undertakings or grocery goods undertakings to which one or more of the regulations shall apply.”.The...

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