Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank the Senators for their overall support of the Bill and for their consideration and comments. Similar points were raised by Senators Malcolm Byrne and Ward. I agree with their support of fair trade. It is not just good for business; it is very good for consumers as well. It is not just about supporting business but ensuring that consumers have choice. Where we have better trade and better competition, we will have greater choice and cheaper products and services for consumers.

The point about consolidated legislation was well made. It is something about which there needs to be greater consideration across every Department. I thank Senator Ward for his honesty about his profession and the comment he made about not liking to see business taken away from the courts, but he will know that the burden of proof to bring something to court is always that much higher. Introducing these new administrative sanctions is about ensuring more people are penalised in a timely fashion - the Senator is nodding in agreement - which is what we wanted to ensure we could achieve.

Senator Malcolm Byrne raised the issue of personal accountability and the level of fines companies may be subject to. I will make the point that existing criminal powers for the CCPC are not being interfered with by this Bill. Personal accountability for serious criminal breaches will still be a sanction that will be imposed by the courts. The level of administrative financial sanctions that can potentially be imposed is very significant; Senator Moynihan alluded to them a moment ago. The Bill will also increase the level of fines that can be imposed by the courts for criminal breaches of competition law. The penalty for individual criminal breaches will not exceed €50 million or 20% of turnover in the previous financial year, whichever is greater, so by any stretch of the imagination, that is a very serious fine from a criminal perspective. On the new civil measures, the maximum amount imposed in administrative financial sanctions will be €10 million or 10% of total worldwide turnover, whichever is greater, of the undertaking in the preceding financial year. One of the Senators made the point that it is very important these measures act as a deterrent. It is not about catching people out and penalising them but deterring them from engaging in the behaviour in the first instance. To be fair, these measures will do that.

It is not the case that we are being forced into doing this. Ireland is a member of the EU. We feed into this process and into what legislation is needed. We were very much part of the process. In fact, the ECN+ directive was designed only to apply to inter-state trade and competition. In deciding to implement the directive through primary legislation, the Government believed it would be better to go further to ensure the same sanctions would be applicable to national competition law. We are actually going even further than the EU has requested of us because we want to ensure consistency and that we can enhance competition through our own national competition law. When I come to this House, Senator Gavan repeatedly makes the point that the Government seems to be soft on white-collar crime. It is funny that every time he makes that point, I am in the House introducing a further measure to get tougher on white-collar crime, whether it is this legislation, the new corporate enforcement authority or, as the Senator will be aware, the recommendations of the Hamilton review group. It might suit a narrative to say that we are soft on this form of crime, but we are not. The proof of the pudding is that we are enacting legislation to ensure that. I share the Senator's concerns. I see the damage white-collar crime has done to ordinary citizens. It is important that we are tough on it, and I share his concerns in that regard.

The powers being given to the CCPC and ComReg as a result of the Bill will act as a deterrent to anti-competitive behaviour by enterprise and help the Government in its efforts to tackle white-collar crime in our economy, which is a benefit for everyone living and working here, as I said.

I thank all the Senators for coming to the Chamber to share their thoughts. I look forward to working with the Seanad on Committee and Report Stage, including on any amendments that may be proposed. I am certainly not averse to reasonable amendments that will enhance the Bill and improve what we are trying to do. As I mentioned, the Bill underwent pre-legislative scrutiny by the Joint Committee on Enterprise, Trade and Employment and has been drafted to reflect several of the key issues outlined in the committee’s report. I hope we can have the support of all Senators to ensure we get this Bill enacted as soon as possible because, as we have all said, it is disappointing we have missed the transposition deadline. To be fair, we have had broad support in the Dáil and in the Seanad today. I see no reason why we cannot enact this legislation before the summer recess. I thank all the Senators for their contributions.