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Reform of the Competition Act 2002: Motion. (15 Nov 2005)

Micheál Martin: ——in terms of what he said about the situation.

Reform of the Competition Act 2002: Motion. (15 Nov 2005)

Micheál Martin: The promotion of competition in the economy requires an effective legal framework. Strong competition legislation contributes to our competitiveness by penalising anti-competitive and anti-consumer behaviour, and by protecting the competitive process in all sectors of the economy. The positive effect competition has on consumers takes two forms. The most visible one is that companies that...

Reform of the Competition Act 2002: Motion. (15 Nov 2005)

Micheál Martin: No, it is an important point.

Reform of the Competition Act 2002: Motion. (15 Nov 2005)

Micheál Martin: To be effective, the Competition Authority needs evidence rather than mere suspicion of wrongdoing. It is important that complainants to the authority provide as much information as possible. The authority has published on its website and in its annual report information on how to make a complaint. All complaints are subject to a screening process. Any objective analysis of the Competition...

Reform of the Competition Act 2002: Motion. (15 Nov 2005)

Micheál Martin: We do not accept Deputy Hogan's proposals on the category of super complaints. There is nothing stopping anyone from making a complaint to the Competition Authority. The studies undertaken by the authority in banking, insurance and engineering are all bearing fruit, leading to substantive and significant reforms.

Trade Union Representation. (15 Nov 2005)

Micheál Martin: I understand this matter relates to an investigation conducted by the Competition Authority from March 2003 to June 2004 regarding possible price fixing among self-employed actors and advertising agencies. An agreement between Irish Actors Equity SIPTU, on behalf of the actors, and the Institute of Advertising Practitioners in Ireland, on behalf of advertising agencies, provided for both...

Trade Union Representation. (15 Nov 2005)

Micheál Martin: Put in layperson's terms, it was a question of whether the actors in question were self-employed independent contractors, who are subject to the Act, or employees, who are generally not subject to the Act. The authority considered this issue to be particularly important in this case where the trade union has both employed persons and self-employed independent contractors as members. The...

Trade Union Representation. (15 Nov 2005)

Micheál Martin: On the question of whether actors are "undertakings" within the meaning of the Competition Act, I understand that, as a starting point, the Competition Authority considered whether the Revenue Commissioners treated actors as employees subject to PAYE or as independent contractors. The authority's investigation revealed that the vast majority of actors in the State are not treated as PAYE...

Trade Union Representation. (15 Nov 2005)

Micheál Martin: Actors providing advertising services generally are not obliged to work for a single advertising agency — they may work for several at the same time. Such actors generally do not receive the benefits one usually associates with a contract of employment. For example, they generally do not receive holiday pay, health insurance, maternity leave etc.

Trade Union Representation. (15 Nov 2005)

Micheál Martin: Such actors do not generally have employment security. They are free to accept or decline specific work as they see fit. Actors are not generally thought of as employees of a particular agency. In light of these factors, the Competition Authority took the view that actors are independent contractors and therefore are "undertakings" subject to the Competition Act. However, the authority also...

Trade Union Representation. (15 Nov 2005)

Micheál Martin: The parties to the investigation do not appear to have taken issue with the authority's view——

Trade Union Representation. (15 Nov 2005)

Micheál Martin: ——as they entered into undertakings with the authority in settlement of the case, thereby avoiding the need to go to court. I emphasise that the Competition Authority is an independent statutory agency set up by this House for the enforcement of competition law.

Trade Union Representation. (15 Nov 2005)

Micheál Martin: In general, I do not consider that it would be appropriate, or good practice, to interfere in the performance by the authority of its statutory functions, which this House has bestowed upon it.

Written Answers — Decentralisation Programme: Decentralisation Programme (10 Nov 2005)

Micheál Martin: On foot of a request from the Department of Finance, Enterprise Ireland has been asked by my Department to provide, by the Department of Finance's deadline of 1 December 2005, a revised implementation plan in respect of the decentralisation of the agency's headquarters, including 300 staff, to Shannon. The agency has identified the posts to be transferred and these are advertised as part of...

Written Answers — Personal Injuries Assessment Board: Personal Injuries Assessment Board (10 Nov 2005)

Micheál Martin: The Personal Injuries Assessment Board, PIAB, was established by ministerial order on the 13 April 2004. From 1 June 2004 all personal injury claims arising from workplace accidents, where an employee is seeking compensation from his-her employer, must be referred to the Personal Injuries Assessment Board before legal proceedings are issued. From 22 July 2004 all motor liability and public...

Written Answers — Departmental Bodies: Departmental Bodies (10 Nov 2005)

Micheál Martin: I propose to take Questions 150 and 151 together. On 28 July last, I announced my decision on a future mandate for Shannon Development. As I have indicated in response to previous similar Dáil questions, this decision was taken in the context of a number of developments that impacted on the future role of Shannon Development. The most significant of these were the proposed relocation of the...

Written Answers — Departmental Staff: Departmental Staff (10 Nov 2005)

Micheál Martin: The process for recruiting a new chairperson for the Competition Authority is well under way and I hope to make an appointment before Christmas. It is unlikely, however, that a new chairperson would take up his or her post before the new year. The authority comprises three whole-time members. Declan Purcell is an Irish citizen who was appointed in April 1998 and Paul Gorecki is a UK citizen...

Written Answers — Job Creation: Job Creation (10 Nov 2005)

Micheál Martin: Under the Industrial Development Acts, support for job creation and investment on a regional or local basis comes within the remit of the industrial development agencies and I am precluded from giving directives regarding individual undertakings or from giving preference to one area over another. IDA Ireland is the agency charged with the attraction of foreign investment to this country. The...

Written Answers — Community Employment Schemes: Community Employment Schemes (10 Nov 2005)

Micheál Martin: I propose to take Questions Nos. 154 and 155 together. On 10 November 2004, following a review of FÁS employment schemes — community employment, job initiative and social economy programmes — I announced in 2005 there will be 25,000 places on CE, JI and SEP and the three- year cap will be removed for CE participants aged over 55. This category of participants will be eligible to...

Employment Permits Bill 2005: Second Stage (Resumed]. (10 Nov 2005)

Micheál Martin: I thank all Members for their contributions to a constructive debate. I thank Deputy McGuinness for his remarks and, given that Deputy Hogan is also present, I can confirm the capacity of Kilkenny people to help outsiders to integrate in the city. Many Cork people have migrated to Kilkenny and have been well absorbed into the community. If Cork people can be absorbed that well by Kilkenny...

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