Seanad debates

Wednesday, 25 April 2012

Competition (Amendment) Bill 2011: Committee Stage

 

12:00 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)

I appreciate the Minister of State's reply. There have been convictions but how many people have ended up behind bars? None. That is the crux of the issue. There is a sense in some industries that the Bill is surrounded by optics. I appreciate the Minister of State is coming from the right place but are we dealing with the issue? The difference between a criminal and a civil case is the burden of proof is so much higher in a criminal case, making it much more difficult for a potential whistleblower. In Britain there is compensation for whistleblowers of up to £100,000 and that is an incentive. In this State we had the case of Louise Bayliss in the HSE, where she blew the whistle and it was clear from that how hard it was for a person to come out because of potential ostracism and scapegoating, and the subsequent loss of earnings if he or she cannot find a job.

We must do more to encourage those who want to end these practices. There is a sense that the perpetrators are getting off lightly. They are losing the cases but they do not end up behind bars. The civil route, therefore, is the way to go. Would the Government agree the civil route is the way to go if we can find a mechanism to do that? If it means a constitutional amendment is necessary, should we consider that? There is a great sense that this will not solve the problem.

On the staffing issue, we agree that it is hard for the Competition Authority to do what it needs to do with current staffing levels. I welcome the increase in staffing from 39 to 49 but it previously had 59 staff so it is still understaffed.

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