Thomas Byrne (Fianna Fail)

A way is always found to get money from, say, the widow in Roscommon to whom Senator Leyden often refers.

This Bill is only window dressing. No one has yet been imprisoned for breaches of competition law and no one is likely to be imprisoned under this legislation because it is far too complicated. The legislation is much too complex in terms of its provisions in respect of economic analysis and exemptions. We need to agree to fix prices, a breach of which, if big enough, will be considered anti-competitive and in breach of Irish and European law. It should be as simple as that. However, it is not that simple. We need more education of gardaí in this area. As this is criminal law, the Garda Síochána should be much more apprised of it than it is and should be able to take criminal prosecutions without reference to the Competition Authority.

The American Sherman Act, introduced more than 100 years ago by former President Roosevelt, has been very successful. Local police forces and the FBI have taken restraint of trade or monopolisation cases under that legislation, in respect of which many people have received lengthy prison terms. This has not happened in Europe because Europe is not concerned with criminal law. It also has not happened here because we have adopted civil law in Europe as criminal law here, which has not proven effective. The policy introduced by former Tánaiste and Minister, Mary Harney, was well intentioned. She was always criticised for this by Fine Gael and Labour Party members and it is wrong for those parties to now tinker around the edges of her policy. It is time for more radical policy change.

I agree with the decision of my party spokesperson to oppose this legislation, not to send out the message that Fianna Fáil is pro-cartels or pro-price fixing but that we are more opposed to them than are the Government parties and that we believe people should be greatly penalised in that regard. The Government should be providing the Competition Authority with more resources so that it, along with Government and the Garda Síochána, can stamp out this practise. Fianna Fáil is opposing this legislation on the basis that we want to see a tougher approach taken to this practice which is doing terrible damage to society.

I hope the IMF is listening to this debate. I do not believe it is appropriate that we are introducing legislation which is mere window dressing. The Government has missed the opportunity to introduce legislation which could be easily understood by offenders and juries and which would have made a difference to the economy. Senator Barrett has outlined the benefits of competition to the economy, which we wholeheartedly support.