Written answers

Tuesday, 19 October 2010

Department of Enterprise, Trade and Innovation

Economic Competitiveness

9:00 am

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 528: To ask the Minister for Enterprise, Trade and Innovation further to Parliamentary Question No 132 of 17 November 2009 if he will publish the prioritised list of competition authority recommendations which was drawn up by his Department; if all relevant Government Ministers have replied to his Department giving their views on the way progress can be made in order to implement those recommendations; the progress that has been made to date in implementing those recommendations; and if he will make a statement on the matter. [37733/10]

Photo of Batt O'KeeffeBatt O'Keeffe (Cork North West, Fianna Fail)
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The Building Ireland's Smart Economy document, published in December 2008, contained a commitment to publish a whole-of-Government response to recommendations contained in Competition Authority reports within nine months of their publication. The October 2009 Renewed Programme for Government further strengthened this pledge.

Following on from the commitment, my Department drew up an initial prioritised list of 21 recommendations, based on their impact on competitiveness. These recommendations related, directly or indirectly, to five Government Departments and are set out below.

Earlier this year, following engagement with each of the five Ministers, Government reviewed the progress made by the relevant Government Departments in responding to the 21 recommendations and a Government Statement to this effect issued in April 2010. I attach for the Deputy's information a copy of the Government Statement.

Government Statement – 8 April 2010

Progress on the implementation of competition recommendations welcomed by Government

The Government, at its meeting on the 11th March 2010, reviewed the progress made by a number of Government Departments in responding to recommendations contained in reports published by the Competition Authority. The Government noted that 40% of the Competition Authority's recommendations made between 2000 and 2009 have been implemented, with a further 9% being progressed.

The reports by the Competition Authority result from studies it has carried out on various sectors or professions at regular intervals and usually contain a suite of recommendations, aimed at improving competition in the relevant area and addressed to the responsible Government Departments or body.

The Government, in welcoming the progress made, stressed the importance of recognising that consumers, both business and individuals, are the final beneficiaries of strong enforcement of competition rules.

The Government is pleased to note the progress achieved in relation to some key recommendations based on their impact on competitiveness including: § The reduction of the wholesale mark-up on medicines from 17.66% to 10% and the retail mark-up paid to pharmacists, in respect of medicines supplied under the Drugs Payment and the Long Term Illness Schemes, from 50% to 20%. § The removal of a derogation preventing non-Irish qualified pharmacists from owning, operating or managing pharmacies which are less than three years old which will contribute to the further opening up of the pharmacy market. § The finalising of a contract allowing suitably qualified Clinical Dental Technicians to be reimbursed under the Department of Social and Family Affairs' Dental Benefit Scheme. § The introduction of legislation which will facilitate the creation of a level playing field for all bus operators, both public and private, in the provision of bus services. The measures will serve the public interest by promoting regulated competition in the provision of public bus passenger services. § Further consideration of the Competition Authority's recommendation that legal fees should, in practice, be based (and awarded) on work done, and not by reference to the size of the award received by the client, in the context of the drafting of a Legal Costs Bill. § The publication shortly of an Issues Paper for public consultation to help inform the drafting of new Retail Planning Guidelines. The new guidelines will strengthen the recognition of the benefits of a competition focus within development planning and development management and include a proposed methodology for incorporating a competition health check assessment by planning authorities.

Two recent publications have noted the importance of Ministers and their departments engaging constructively with this process. The National Competitiveness Council, in a June 2009 report, identified the application of competition law in all sectors of the economy as a priority for improving cost competitiveness and sustaining jobs (Getting Fit Again: The Short Term Priorities to Restore Competitiveness; National Competitiveness Council; 2009).

In addition, the recently published OECD 2009 Survey of Ireland welcomed the initiative and stated "the proposal that government departments should be required formally to consider and respond to reports of [the Competition Authority] is useful and would bring Irish practice into line with other countries".

The Government acknowledges that competition can play a key role in ensuring that the Irish economy regains its competitiveness. It believes that increased competition contributes strongly to achieving high productivity and keeping prices low and therefore must operate in all sectors of the economy.

The absence of competition, whether within internationally traded or locally traded areas of the economy, has the potential to slow Ireland's move to sustainable market-based growth. While competition has been a feature of the internationally traded sector to date, there is evidence that it is not as prevalent in the locally-traded sector as it should be. The commitment in the Building Ireland's Smart Economy document, and in the Renewed Programme for Government, to respond to Competition Authority recommendations, will help address this issue.

The Government is very aware that consumers will be the ultimate losers from any lack of competition since this will mean increased costs, less choice or lower service quality.

The Government also decided to visit this matter, on a half-yearly basis to ensure that progress towards a "smart economy" is not being impeded by uncompetitive barriers in certain sectors or professions.

List of prioritised Competition Authority Recommendations
Recommendations addressed to the Department of Justice and Law Reform (7 recommendations)
Establish an independent Legal Services Commission to oversee the regulation of legal services, to put consumers and the public interest at the heart of regulation.
Allow unlimited direct access to barristers for legal advice
Barristers should be allowed to form partnerships and to promote themselves as a group
The common law right of solicitors to hold on to a client's file, thus preventing a client from switching to another solicitor, should be removed via legislation.
Legal fees should, in practice as well as in theory, be based (and awarded) on work done, and not by reference to the size of the award received by the client
Examine the possibility of introducing competitive tendering for the provision of legal services
Introduce a new profession of conveyancers - qualified persons in the relevant law to provide conveyancing services in competition with solicitors
Recommendation addressed to the Department of Transport (1 recommendation)
Competition in bus transport should be introduced in the Greater Dublin Area through competitive tendering of (bundles of) routes - by the Dublin Transport Authority (DTA)
Recommendations addressed to the Department of Health and Children (7 recommendations)
Amend the composition of the Dental Council
Introduce a new oral healthcare profession of advanced dental hygienist who can operate independently of dentists
Engage with training providers to establish courses in Clinical Dental Technology (& Advanced Dental Hygienist in due course)
The Dental Council should amend its "Professional Behaviour and Dental Ethics" to remove the ban on discounting by dentists
Explicitly permit corporate dental bodies
Review the number of training places for dentists and other oral healthcare professionals
For pharmacies, replace the 50% retail mark-up with a flat dispensing fee, auction the right to run a pharmacy and abolish the "three year" rule for pharmacists who were not trained in Ireland.
Recommendation addressed to the Department of Social Protection (1 recommendation)
Allow clinical dental technicians (CDTs) to be directly reimbursed under the State dental schemes
Recommendations addressed to the Department of the Environment, Heritage and Local Government (5 recommendations)
The Retail Planning Guidelines, and Local Authorities, should explicitly recognise the benefits of competition from new retailers to local consumers
Local Authorities should be required to formally survey consumers regarding attitudes and preferences
Local Authorities should be required to include an assessment of competition in health checks of local development plans
Introduce competitive tendering for household waste collection where side-by-side competition is not working well
Local Authorities should not act as both provider and regulator of household waste collection.

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