Seanad debates

Thursday, 8 March 2012

Competition (Amendment) Bill 2011: Second Stage

 

11:00 am

Photo of Thomas ByrneThomas Byrne (Fianna Fail)

Certain parties in this House have for many years lived off the spectre of former Tánaiste and esteemed former Member of this House, Mary Harney. They have time and again criticised her for what they perceived to be right wing economics and dreadful health policy. It is, therefore, hilarious to hear Labour Party and Fine Gael Members of this House support what is essentially a tinkering around the edges of a Bill introduced ten years ago by her on foot of legislation in which the former Progressive Democrats Party was involved ten years previous to that.

The reality is that this legislation has in the meantime failed completely because no one has been imprisoned for breach of competition law. Cartels, price fixing, sharing of markets and bid rigging is wrong. While everyone pays the price for this, the matter is not taken seriously in this country. People should be imprisoned and know they will be imprisoned for breaches of competition law but that is not happening in this country. This is not happening because we have adapted what is civil law in Brussels as criminal law in Ireland, which is unsuitable.

There is complete confusion in regard to what offences will or will not be prosecuted. We should in this regard be setting out in legislation a range of simple offences which can be easily understood by the public and criminals involved in price fixing. Price fixing is going on all around the country and the Minister must be aware of it. However, nothing is being done about it. Not enough effort is being made to educate the members of the public about this to enable them report it and the Competition Authority does not have sufficient resources. Legislation in this area is much too complicated and this Bill does nothing to clarify and simplify it.

As stated by my colleague, Senator Mary White, this is mere window dressing. What difference does it make if the maximum fine in respect of hard core offences is €4 million or €5 million? It will make no difference. We can fine the ordinary people of this country €20 for non-payment of the household charge but we cannot introduce fines in respect of price fixing or civil offences under competition law. I accept that civil fines would not be suitable in respect of price fixing. It is frustrating that it is always possible to introduce fines by way of legislation in respect of breaches of law by ordinary citizens but it is not possible to do likewise in respect of people who are robbing us left, right and centre?

Comments

No comments

Log in or join to post a public comment.