Seanad debates

Tuesday, 13 December 2005

Competition (Amendment) Bill 2005: Second Stage.

 

5:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I have great time for RGDATA and the way it puts forward its case. However, it should be borne in mind that RGDATA represents other multinational companies, such as Supervalu and Centra. They are important players in the business and are owned by Musgraves, an excellent company based in Cork which imports a significant quantity of grocery products.

Much has been said on this matter and I will not bore the Minister with the views that have been expressed. However, I ask the Minister and his officials, once this legislation enters force, to track the detailed list of products covered by the groceries order. Before the Bill is enacted, the prices of the products should be recorded so that changes may be tracked.

At this point in time, something is not quite right. If the Minister believes the Bill is not serving consumers, he should have the ability to reverse it. Although he considers that he has provided for competition, he should be able to review the recommendations with regard to their effects on the economy and small shopkeepers. It is not beyond the capability of the Department and the Competition Authority to closely monitor the list over the next year.

The Minister estimates a saving for consumers of €500 over the year, which is a reasonable figure. I do not know whether the Minister or the authority made that estimate. While he has not specified an amount, the Minister feels the Bill will save consumers money, otherwise he would not have brought it forward. If everything was perfect he would not have done so; that is important.

Some 500 submissions were made on this Bill — one of the largest numbers of submissions ever made to a public appeal. An enormous amount of work went into preparing the report on the public consultation process. People are concerned and the Minister has been clear that predatory pricing is wrong, illegal and punishable under the Competition Act by fines of up to €4 million or 10% of turnover and a prison sentence of up to five years, so he will monitor it carefully. The bottom line is that we want fair competition across the board between the large multinationals and the small shopkeepers, and no monopoly in the trade by one company.

Roscommon was a small rural town and over the last few months Tesco and Dunnes have set up there and Aldi or Lidl will arrive soon. The town is thriving and that is encouraging. Tesco and Dunnes Stores are within walking distance of the centre of the town and this is an advantage from a planning point of view. I was a member of the county council that designated areas within walking distance of the main street for supermarkets. I have not received many complaints from small shopkeepers since Tesco arrived a few months ago and Dunnes Stores opened in the last ten days. Between them they have created approximately 250 jobs — an enormous number. They have had no major impact on the existing shops, which have developed and expanded. There may be an impact in the rural areas — we do not know the extent — because people tend to shop in the towns where there is more choice and availability. That is a concern, but I have told the small shopkeepers that they are local, convenient and available when other shops may not be, and I hope they thrive.

Competition is important. From driving around the country the Minister knows about the difference in fuel prices. A small filling station outside Ballymahon is charging 98.9 cent per litre for diesel and petrol. The shop has increased its turnover dramatically because it has kept its prices tight. One sees different prices in different areas around the country and it is difficult to compare like with like. During my "name and shame" campaign I found some companies had arrangements with oil companies to pay back loans to refurbish their shops, filling stations or forecourts. It is difficult to compare them with an outright owner of a property who can buy oil on the open market. While we must bear that in mind, price displays on forecourts mean people know the price and react accordingly. The trade is reacting dramatically to this. On the way to Nenagh yesterday an oil depot far from the main road was selling fuel at 99.9 cent per litre and was very busy as a result. That is healthy competition.

I am a convert to the Minister's point of view and am impressed by the way he presented his arguments. I previously agreed with Senator Coughlan; we are both members of the Joint Committee on Enterprise and Small Business. After reading the Minister's submission I feel he has been most persuasive. Bearing in mind the submissions and the concerns about predatory pricing, the Competition Authority and the Department of Enterprise, Trade and Employment must monitor the outcome of the legislation.

As the Government made the decision based on the Minister's recommendation I am confident he will ensure there is fair and honest competition and as far as possible protect the right of small retailers to buy at a competitive price. The Minister will ensure there will be no predatory pricing to squeeze small retailers out of the business, that the multinationals will not try to squeeze out competition by offering special prices in certain areas for a limited period. The Minister is aware of that possibility. I commend the Bill and I believe it will receive unanimous support in the House.

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