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

Dara Calleary: Despite everyone's best efforts and intentions-----

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

Dara Calleary: There are, as everyone knows, cases of abuse in the grocery sector. Last Christmas, produce was sold at prices that did not in any way reflect the value or effort involved in its production.

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

Dara Calleary: The purpose of the amendment is to ensure greater protection is afforded to producers, especially smaller farmers, in the supply chain.

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

Dara Calleary: I move amendment No. 47: In page 80, line 18, to delete "€50 million" and substitute "€10 million".The supply chain in the groceries sector has become increasingly complicated. The Bill as it stands would exclude many of those involved in the supply chain who deal with producers. In many cases, wholesalers deal directly with producers, and the various supermarkets deal with...

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

Dara Calleary: I would like to pick up on the Minister's point about strong players dictating and abusing terms. I suggest they will be able to use this provision to do that. We know who the strong players are. As we speak, they are employing people who are being paid much more money than any of us are getting to go through this Bill and find ways around it. I predict that the strong players will use...

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

Dara Calleary: We are moving into the grocery goods section of the Bill. Will the grocery sector regulations be applied to all food companies?

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

Dara Calleary: Will it apply to food production companies as well?

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

Dara Calleary: I would like to deal with some areas around that on Report Stage.

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

Dara Calleary: Often, those who supply garden plants are small suppliers, and if they are not included in the Bill they will not enjoy the protections afforded by the legislation. They are left open to abuse. This highlights that the list of products is not exhaustive and that consideration should be given to empowering the Minister through statutory instrument, following consultation, to add to this...

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

Dara Calleary: The Minister accepts the need for consultation. We can move into dispute very quickly - more quickly than we may have thought. Will the process of consultation happen before the Bill goes to the Seanad so that we will not have to return in two years' time to deal with the fallout when small producers of garden plants are being hammered by their major buyers without the protection we could...

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

Dara Calleary: I will come back to the matter on Report Stage, having reflected on what the Minister said. Rather than it being expected that the same provisions will apply, there should be compellability. There is no sense in having recommendations if there is no action plan and no follow-on. I will withdraw the amendment, while reserving the right to come back to the matter on Report Stage.

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

Dara Calleary: I move amendment No. 11: In page 20, to delete lines 26 and 27 and substitute the following:"(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years or both, (c) if the contravention concerned continues for one or more days after the date of its first occurrence, the person referred to in this subsection is guilty of a...

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

Dara Calleary: I move amendment No. 12: In page 23, line 1, to delete “give a direction in writing to the Commission requiring it to comply with” and substitute “request the Commission to comply with”.This is a small technical amendment which states that the Minister and his officials can issue a direction and are not restricted to writing. My amendment proposes that they can...

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

Dara Calleary: I move amendment No. 14: In page 30, to delete lines 22 to 25 and substitute the following: "(6) The Minister may, from time to time, request the Commission to consider guidelines from him or her concerning the preparation of the Commission’s work programme and the Commission may consider same.".Occasionally, in terms of the proposed work of the commission, items will arise that may...

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

Dara Calleary: I move amendment No. 15: In page 31, between lines 25 and 26, to insert the following:"(2) The Minister shall, within six months of a report being submitted to him or her by the Commission, outline to each House of the Oireachtas, the actions the Minister has taken following on from any recommendations made in such a report.".The commission publishes annual reports and, given its powers, one...

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

Dara Calleary: I move amendment No. 6: In page 10, between lines 6 and 7, to insert the following:"(2) Any resources used by the Commission shall be allocated by application of a set of priority principles in the public interest.".It is standard - we need to move away from the standard - that there is quite a lot of reference throughout the Bill in regard to the Competition and Consumer Protection...

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

Dara Calleary: I move amendment No. 7: In page 15, line 8, after "inability," to insert "not exceeding 12 months,".If somebody is temporarily unavailable, there needs to be some sort of, to use the Minister's phrase, "certainty" provided as to what is meant by "temporarily", given the importance of the role of the commission and the importance of the commission members. My party proposes that there be a 12...

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

Dara Calleary: The State is in many instances fixing the price.

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

Dara Calleary: We have a group of providers dealing with a dominant force, which is the State, and it is abusing that dominance while using competition law to cover that abuse.

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

Dara Calleary: I move amendment No. 2: In page 8, between lines 34 and 35, to insert the following:"(3) The Minister shall make provision under this section whereby it shall not be a breach of this Act (or any statutory instrument relating to competition law), for the State to negotiate fees in relation to professional contracts for services from members of professional bodies, and a list of such services...

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