Results 221-240 of 1,279 for speaker:Michael Ahern

Seanad: Schools Building Projects (31 Jan 2008)

Michael Ahern: On behalf of the Minister for Education and Science, Deputy Hanafin, I thank Senator Buttimer for raising the matter as it affords me the opportunity to outline to the House the Government's strategy for capital investment in education projects and the position regarding St. Angela's secondary school in Cork city. Modernising facilities in our 3,200 primary and 750 post-primary schools is not...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: Earlier this year, when sentencing a motor car dealer for fixing the selling price of motor vehicles, Mr. Justice Liam McKechnie said that this type of crime was a crime against the consumer and there are good reasons as to why a court should consider the imposition of custodial sentences.

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: I want to take the opportunity to correct a number of misconceptions contained in the explanatory memorandum which accompanies this Bill. According to the explanatory memorandum, if the Competition Act applied with full force to trade unions and their members, trade unions would revert to their old common law status as unlawful "combinations" and trade union leaders would be prosecuted as...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: The explanatory memorandum also raises the issue of atypical employment, which is difficult to characterise. Generally, such arrangements run the spectrum from pure self-employment to pure employment and everything in between.

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: In effect, the Bill seeks an exemption from the Competition Act for all individuals who contract with undertakings.

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: Does the Deputy realise that as a result large elements of the service economy would be exempted from the provisions of the Competition Act? What this would mean, in effect, is that members of professional bodies such as barristers, solicitors and architects, to mention just a few, could band together, add "union" to their name and apply for a negotiating licence under trade union legislation.

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: They could then legitimately under Irish law get together to fix prices for their services. I am sure the Deputy does not intend that the protections afforded to consumers by the Oireachtas in the Competition Act could be circumvented in this manner. It is important that the Bill is considered in the wider EU context and not purely from an Irish competition policy context. In this regard, a...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: ——regardless of its legal status and the way in which it is financed. Similarly, it has defined an economic activity as "any activity consisting in offering goods and services to a given market". The Commission in following this wide definition has taken the view that it includes any activity directed at trade in goods and services, irrespective of the legal form of the undertaking and...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: In this case the Commission took the view that "artistes are undertakings within the meaning of Article 85(1), now Article 81(1), when they exploit commercially their artistic performance".

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: There is also potential for an anomalous position to arise whereby self-employed persons could be exempt under Irish competition law yet such persons could be in breach of Article 81 of the treaty. The preamble to the 2002 Act states that it is "An Act to make new provision, by analogy with Articles 81 and 82 of the Treaty..." The current wording of section 4 of the Competition Act is taken...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: Because section 4 reflects Article 81, the delimitation of section 4 of the Act contained in section 2(1) of the Bill, if enacted, could result in Irish competition law being inconsistent with EU law, and could place the courts in the unusual position of exempting undertakings under Irish law while punishing them under EU law.

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: I cannot imagine that the Deputy intended to introduce a system whereby European law would have effect but not Irish law.

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: I do not consider it appropriate to debate the issues identified in this Private Members' Bill in isolation from an on-going review of the Competition Act. During the Dáil debate on the Consumer Protection Act early this year, Deputies may recall that the Minister, Deputy Martin, indicated that he intended reviewing the operation of the 2002 Competition Act and that he would bring forward...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: In October, the Minister announced a public consultation on the operation and implementation of the Competition Act 2002. In addition to publishing newspaper advertisements requesting comments, observations and submissions from any interested parties, my Department also wrote directly to a number of experienced competition law practitioners, as well as to business representative groups and...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: I welcome the opportunity to speak on this Private Member's Bill which seeks to establish the rights of self-employed individuals to be represented by a trade union for the purposes of collective bargaining. It also proposes to allow the representative body of any profession to enter into collective negotiations with a public body in respect of services provided to the public by members of...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: ——and combined with the authority's cartel immunity programme and the recruitment of gardaí to the ranks of the authority should send a clear signal to anyone considering price fixing or cartel membership or participation that this type of anti-competitive behaviour is not acceptable and competition law will be enforced in this regard. In addition to these criminal cases, the authority...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: Following the authority's findings, Equity and the institute undertook not to enter into or implement any agreement that directly or indirectly fixes the fees that the institute or its members pay self-employed actors in return for services rendered. I understand that neither party challenged the authority's decision in court at that time or since. While the authority enforces the...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: A difficulty does arise, however, when a trade association acts on behalf of self-employed contractors and in such instances the trade union mantle cannot exempt the association from what is, in effect, price-fixing negotiations. I would like to reflect at this point on our industrial relations system. I believe that we are very fortunate in terms of the industrial relations systems we have...

Competition (Amendment) Bill 2007: Second Stage (18 Dec 2007)

Michael Ahern: During the past 20 years, the successive social partnership agreements have reflected the unique challenges and opportunities of their time, and injected a substantial measure of stability and confidence for all sectors of the community, including investors. It has created and sustained the conditions for remarkable employment growth, fiscal stability, restructuring of the economy to respond...

Financial Resolution No. 5: General (Resumed) (6 Dec 2007)

Michael Ahern: This is a sensible, prudent and responsible budget which enables us to retain the gains of recent years and to consolidate and build for the future. By following the course outlined by the Minister for Finance, Deputy Cowen, our economy will continue to grow to the benefit of all our people. Certainly this is no time for pessimism and I find the negative attitude of the Fine Gael Party...