Seanad debates

Wednesday, 22 June 2022

Competition (Amendment) Bill 2022: Committee and Remaining Stages

 

10:00 am

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

I will address the two amendments together as there is considerable overlap between them. They were proposed by Deputy O'Reilly during the Bill's passage through the Dáil. I gave them considerable consideration at that time. I wholeheartedly agree with Deputy O'Reilly and the Senators who have proposed these amendments that it is important that any regulatory body be adequately resourced to coincide with any necessary legislative provisions that give it additional powers. The Department and the Competition and Consumer Protection Commission, CCPC, recognise that significant adequate additional resources will be required to implement this new legislation. In the past two budgets alone, the CCPC has received an increase of more than 30%. At present it has 146 staff and it intends to increase this to more than 200 by the end of this year.

If the commission's assessment is that additional funding is required based on the structures included in the Bill, it can submit an increased Estimate bid as part of the budget 2023 negotiations. Such a bid is subject to agreement by the Tánaiste and Minister Enterprise, Trade and Employment. If approved, it would be incorporated into the overall departmental Estimates package that will be subject to negotiation with the Department of Public Expenditure and Reform for budget 2023. The Senator's amendment would set an unusual departure from this process whereby past spending would have to be accounted for rather than projected spending. If the budgets in 2017 and 2018 had been based on the past performance the CCPC would not have received the additional 30% for 2021 and 2022. In fact, those budgets were based on future projections. The Government is obliged under EU law to ensure its competition authorities are sufficiently resourced.

When Deputy O'Reilly tabled these amendments in the Dáil, I looked further into the matter, particularly on what options would be available to the CCPC if it were to find itself under-resourced at a future date and unable to carry out its functions. I consulted with the commission and I have been advised that if such an event were to occur it has the ability to contact the European Commission's DG Competition directly. The CCPC has direct contact with the Commission's officials in the appropriate unit. This would be likely to be the first point of contact if it were to have concerns about future funding. This means the CCPC has recourse if a future government were not to adequately resource the commission or, as Deputy O'Reilly said on Report Stage, if a future government decided to slash it.

While I appreciate the concerns underpinning the amount and the importance of ensuring that the CCPC is able to effectively carry out its functions, I believe we have safeguards in place. What is more, I believe we have demonstrated this in the past two years. Even in advance of the legislation being enacted, in preparation for the new powers coming on board we have allocated an additional 30%. We are supporting the CCPC to increase its headcount from 146 to in excess of 200 later this year. I cannot support the amendments.

Comments

No comments

Log in or join to post a public comment.