Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

Section 3 proposes to allow the representative body of any profession to represent its self-employed members who are paid by the State, such as doctors providing health care for the State. In effect, this would allow such professionals to set prices. Accordingly, the Bill, as drafted, would result in a large increase in the cost of services provided to the State by professionals with obvious negative effects on the Exchequer’s finances. If the exemption is granted, the State could not take legal action against such organisations of self-employed persons if they withdrew their services.

The Attorney General believes the Bill, as drafted, appears to infringe Article 101 of the EU treaty. The European Commission considers that the Bill, as drafted, runs counter to EU competition law. It also believes the proposed exemptions appear very questionable in view of the long-term interest in ensuring efficient use of public budgets. The Government believes section 3, as drafted, goes far beyond the stated policy objective of the Bill of protecting vulnerable self-employed workers. Accordingly, it is the Government’s intention to introduce an amendment to this section on Report Stage.