Billy Kelleher (Cork North Central, Fianna Fail)

I thank Senators for their contributions in this area. As was pointed out, and to which most Senators referred, this legislation is quite specific in the context of ensuring we have the statutory requirement for the make-up of the Competition Authority.

To be honest and open, the position is that the original Act did not foresee the number of resignations from the authority at the one time. As to the reason an appointment was not made since January 2009, there was a proposal that there would be amalgamation of the Competition Authority and the National Consumer Agency. We had a chair plus three members but there have been two resignations since then and we now have a chair plus one member. Since Sunday, therefore, we only have a chair plus one member and it is critical that we get this legislation through the Houses and enacted as quickly as possible to make sure we can bring up the number to the statutory minimum requirement.

On the issue raised by Senator Feargal Quinn with regard to political appointments, whole-time members must go through the public competition recruitment system in place. There are provisions in the Act which stipulate that they must have competency in law, economics or a number of areas. The competencies required are clearly laid down in the Competition Act. Candidates must go through the public services appointment system. That is necessary and welcome.

There is also a commitment in the programme for Government in the context of appointments to these various agencies and authorities. The Oireachtas committees will have an input in making nominations to a panel for consideration and presentation to the Minister for appointment but there must also be democratic accountability. If Ministers make appointments they are democratically accountable in the Houses of the Oireachtas but the programme for Government has specific details on the way appointments are made and the relevant committees will have an opportunity to make nominations and suggestions to a panel of people with the required competencies for the particular agency or authority.

On the issue raised by Senator Phelan regarding the recommendations of the Competition Authority, in fairness, some of the recommendations have been acted upon. About 40% of the original recommendations have been implemented and approximately 9% or 10% are currently in the process but when we try to implement some of them there is some resistance. The recommendations are not always welcome across the spectrum of political opinion in these Houses. Most people acknowledge that governments decide on policy and the Competition Authority, or any such authority as constituted, makes recommendations and governments act upon them.

The Competition Authority has served and is serving a useful purpose in trying to highlight cases of anti-competitive measures or blockages to competition and ensuring there are opportunities for consumers to have access to goods and services at a reasonable rate.

An issue that needs a great deal of discussion across all sections of political opinion in the Houses of the Oireachtas and outside them in terms of stakeholders is the voluntary code of practice for the grocery sector. I have no doubt that if we did not have a code and there was a free for all, so to speak, it is possible that we would drive down the cost of groceries to the consumer but we are not running an economy. We are running a country. We have primary producers in agriculture, horticulture, fisheries and other related areas.