Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 85: To ask the Tánaiste and Minister for Enterprise, Trade and Employment her proposals to amend the Competition Act 2002 and in particular the changes that she proposed to make to allow representative groups, unions and trade associations to engage in collective discussions or negotiations on behalf of their members as indicated in the statement by the Government on 21 October 2008; and if she will make a statement on the matter. [40495/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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As part of an ongoing review of the 2002 Competition Act, submissions received on foot of a public consultation from a variety of interested parties are currently being considered by my officials. These submissions cover a range of issues, many of a technical nature.

On 21st October 2008, the Government announced its intention to pursue appropriate amendments to Section 4 of the Competition Act 2002 to enable the representative body of GPs, The Irish Medical Organisation, to represent its members in negotiations with the HSE and the Department of Health and Children in respect of the services provided to the public health service in a manner consistent with the public interest. This will not affect in any way the status of the IMO or other representative organisations in respect of medical services other than those delivered by agreement with the public health service. The legal provision to be made will be subject to consistency with EU competition rules.

Section 4 prohibits and makes void all agreements between undertakings, decisions by associations of undertakings and concerted practices which have as their object or effect the prevention, restriction or distortion of competition in trade in any goods or services in the State or in any part of the State. This reflects the provisions of EC Treaty Article 81 which contains a similar prohibition in relation to agreements, decisions and concerted practices which may affect trade between Member States.

I can confirm that work is underway between the Departments of Health & Children and Enterprise, Trade and Employment on the issue of amending Section 4 of the Competition Act 2002, in a manner consistent with EU competition law and national policy.