Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

I thank Senator Barrett for his amendment and Senator Quinn for his comments. The issue is not whether it is a good idea to look at sheltered sectors of the economy and open them up to scrutiny, because I think that is agreed by everyone.

The real issue is whether the Bill already provides for this and I would argue very strongly that it does in section 10(3) which Senator Barrett is seeking to amend. Subsection (3)(n) provides that the commission, "shall, as it considers appropriate, conduct or commission research, studies and analysis on matters relating to the functions of the Commission and may publish, in the form and manner that the Commission thinks fit, such findings as it considers appropriate (which may consist of, or include, a study or analysis of any development outside the State)." It has the power to study any sector that it considers is a sheltered sector of the economy.
Subsection (3)(a) provides that the commission:

may, and shall at the request of the Minister, advise and, as appropriate, make recommendations to the Government, the Minister, any other Minister of the Government, any Minister of State, any public body or any prescribed body within the meaning of section 19in relation to any matter concerning, or which the Commission considers would be likely to impact on -(i) consumer protection and welfare, or
(ii) competition,
or both.

Between those two sections it has all the powers it needs to carry out an exploratory study to identify findings and to make whatever recommendations it believes are appropriate to Ministers. Independently of that, it has its powers of investigation and prosecution and enforcement where it has any evidence of collusion or abuse of dominance or any of those other areas. I think it has all the powers in the Bill that the Senators believe are necessary. To be fair, over the years, it has made a number of recommendations. Some would say that those recommendations were not acted upon with sufficient determination in the past. With the arrival of the troika to our shores, the various recommendations of the Competition Authority became a much greater focus of attention and many of those changes in areas of the sheltered sector have been made. Last year it conducted a study into the ports sector to ascertain whether it needs to improve competition and so on. It does have those powers and we are careful to make sure those powers are protected in the new competition and consumer protection commission. While I can understand the motive for Senator Barrett's amendment, I do not propose to accept it because I think it is fully accommodated in the paragraphs I mentioned.