Seán Power (Kildare South, Fianna Fail)

These Government amendments are intended to meet the purpose of the amendments put forward by Senator Browne and Senator Hayes and also to build on the Committee Stage discussion. As the Senators may recall, during the Committee Stage debate my Department undertook to meet with the Competition Authority to discuss the most appropriate means of making provision in the Bill that draft by-laws relating to the code of professional conduct and ethics be competition proofed by the Competition Authority in advance of becoming binding on registrants.

Amendment No. 19 proposes a new section dealing with publication and other requirements relating to draft and other by-laws. This proposed amendment, which was drafted with the assistance of the Competition Authority, provides that before making a by-law a registration board must publish the draft by-law and invite comments from the general public. This will ensure that members of the public, professional bodies and other interested parties will have an opportunity to contribute to the content of by-laws made by a registration board. After the date for receipt of comments and the passing of a draft by-law of the registration board, the proposed amendment provides that a registration board must consider any comments received and may amend the draft by-law if considered appropriate.

If the by-law relates to the adoption or revision of a code of professional conduct or ethics, the registration board is then obliged to submit the draft of the by-law to the Competition Authority for its opinion as to whether any provision of the draft by-law would be likely to result in competition being prevented, restricted or distorted.

A registration board will set down a timeframe within which the Competition Authority should submit its opinion. If, within the timeframe set down, a registration board receives an opinion from the Competition Authority that competition is likely to be prevented, restricted or distorted if the by-law were made, the board can either accept that opinion and change the by-law accordingly before submitting to the council for approval or otherwise submit the draft by-law unchanged to the council with its written reasons as to why it has not taken the opinion of the Competition Authority into account. It would clearly not be appropriate to oblige a registration board to amend a draft by-law in light of the opinion of the Competition Authority. In each case it is appropriate to give a registration board discretion to balance the public interest with competition considerations as necessary.

In addition, this amendment provides for a second step in the development of by-laws of a registration board as soon as possible after a by-law is made. The amendment obliges a registration board to publish it in the manner it considers appropriate. This provision is intended to enhance the openness and transparency of the boards.

I should add that amendments Nos. 13 and 15 to 18, inclusive, are technical drafting amendments. Amendment No. 13 is intended to reinforce the publication and other requirements imposed upon a registration board under amendment No. 19. This meets the purpose the Senators have in mind and I do not propose, therefore, to accept amendment No. 14.