Seanad debates

Wednesday, 6 July 2016

Competition (Amendment) Bill 2016: Committee Stage

 

10:30 am

Photo of James ReillyJames Reilly (Fine Gael) | Oireachtas source

We are happy to support this Bill and the principle behind it. We need protection for workers and we need trade unions. Even those who might have a more contrary view will realise that the value of being able to negotiate with a single body rather than several thousand individuals speaks for itself. However, the Government does have some issues, and the Minister will address them. As the legislation is currently construed, it goes far beyond the stated policy objective, set out in the explanatory memorandum, of protecting vulnerable self-employed workers. Artists and actors have been mentioned and their needs need to be addressed.

The Attorney General has advised that the Bill, which provides broad exemptions from generally applicable competition rules for all self-employed individuals providing services on a personal basis to undertakings of the State, infringes Article 101 of the Treaty on the Functioning of the European Union. Implemented as it is, it would give rise to significant costs that have not been considered or analysed. Furthermore, there is a need for a separate regulatory impact analysis, which does not accompany the legislation at present. This is just giving the rationale for the need for the amendments that need to be made; it is in no way knocking the Bill or the principles behind it. There is a host of smaller issues that I have no doubt the Minister will address.

We are very pleased the Bill was not opposed on Second Stage. There is no intention to oppose it today. We look forward to the amendments of the Minister that will allow the principles to be addressed and protection to be afforded to the people who need it, many of whom are in the Visitors Gallery today.

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