Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 132: To ask the Minister for Enterprise, Trade and Employment if he will amend the Industrial Relations Act 1990, in relation to the definition of "employee" in order to rectify this situation. [31455/05]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 148: To ask the Minister for Enterprise, Trade and Employment his views on whether freelance workers including actors, musicians, film crews and freelance journalists should be entitled to be collectively represented. [31449/05]

Seán Crowe (Dublin South West, Sinn Fein)
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Question 159: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that competition law is being mischievously used to attack the rights of certain workers, especially actors, musicians, film crews and freelance journalists, to be collectively represented; and his views on whether, when this legislation was discussed in Dáil Éireann, it was stated by the Government that the laws being introduced could not be used against freelance workers in this way. [31447/05]

Arthur Morgan (Louth, Sinn Fein)
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Question 163: To ask the Minister for Enterprise, Trade and Employment the actions he will take to address the fact that competition law is being mischievously used to attack the rights of certain workers, especially actors, musicians, film crews and freelance journalists, to be collectively represented. [31445/05]

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 132, 148, 159 and 163 together.

I take it that these questions relate to a view expressed by the Competition Authority in a recent investigation into alleged price fixing involving the Equity trade union and the Institute of Advertising Practitioners in Ireland.

The aim of the Competition Act is to prohibit anti-competitive practices by "undertakings" such as price fixing and-or the abuse of a dominant position. The Act applies to all sectors of the economy in the State.

An "undertaking" is defined as "a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply, or distribution of goods or the provision of a service". This definition has been in use in Irish competition law for some time and is supported by EU case law.

I understand that the view expressed by the authority in its investigation was in respect of that particular case only and the parties to that investigation do not appear to have taken issue with the authority's view as they entered into undertakings with the authority in settlement of the case, thereby avoiding the necessity of going to court. It is only the courts that can interpret the law.

The authority's decision, which describes how it came to its view in the matter, is published on its website, tca.ie. It states, however, that while it is perfectly legal for a trade union to represent employees in collective bargaining with their employers, its trade union mantle cannot exempt its conduct when it acts as a trade association for self-employed contractors.

In considering the question of whether a legislative exemption should be provided for actors, musicians and freelance journalists, therefore, we need to bear in mind that a similar argument could be made for almost any group of self-employed contractors such as barristers, farmers, publicans, doctors, pharmacists etc, who, by coming together, adding union to their name and getting a negotiating licence, could circumvent the protections afforded to consumers by the Oireachtas in the Competition Act. Accordingly, I have no plans to amend current legislation in relation to this matter.