Seanad debates

Wednesday, 25 April 2012

Competition (Amendment) Bill 2011: Committee Stage

 

1:00 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein)

Go raibh míle maith agat, a Leas-Chathaoirligh. The argument that we reduce costs and red tape is an argument in favour of adopting a 32 county approach to the economy. Anyone who lives along the Border will attest to that fact. Having one tourism authority, as opposed to three, would certainly make matters much better for the hospitality industry. Waterways Ireland and the IRFU have proved what I describe can be done. Perhaps Senator Jimmy Harte might have a word with his colleagues in the respective soccer associations to see if they could work towards adopting an all-Ireland approach.

In the context of the serious matter under discussion, on Committee and Report Stages in the Dáil my party called for the insertion into the Bill of the ability to take civil proceedings in order to expedite matters in respect of anti-competitive practices. However, the Government opposed our proposals in this regard, which is a shame. We request that this matter be reconsidered. The modest amendment we have tabled in this House requests that the Government and those which succeed it respond to proposals brought forward the Competition Authority. We will be engaging in further contact with the authority to ascertain where it stands on this issue. I appreciate the Minister of State's indication that it is now broadly in favour of what is set down in the Bill which has not changed since Second Stage. We will, however, be contacting it to seek further clarification on the matter.

We are not calling on the Government to act on recommendations but rather to respond to the Competition Authority and explain the action it either will or will not take in respect of anti-competitive practices. The basic issue is that amendment No. 3 is designed to facilitate the introduction of civil penalties. Perhaps the Minister of State might indicate whether the amendment would remain unconstitutional if the level of the penalties was lowered. Does he agree, in principle, that if something of this nature can be introduced in the United Kingdom - by the former head of the authority in this country who stated it would be a good idea if it were implemented in Ireland - and even if a constitutional amendment of some kind was necessary, we should proceed with what is envisaged in the amendment in order that the competitiveness issues raised can be tackled?

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