Written answers
Thursday, 23 February 2012
Department of Enterprise, Trade and Innovation
Economic Competitiveness
5:00 pm
Peadar Tóibín (Meath West, Sinn Fein)
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Question 117: To ask the Minister for Jobs, Enterprise and Innovation if he will ask the Competition Authority, under section 30 (2) of the Competition Act 2002, to carry out a market study or analysis of the cement, concrete and aggregates industry in view of the amount of public money spent on those products, the recent findings by the Office of Fair Trading in the UK and the fact that the industry is being investigated for breeches of competition law in at least ten countries throughout the European Union; and if he will make a statement on the matter. [10415/12]
Richard Bruton (Dublin North Central, Fine Gael)
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I am aware that the Competition Authority, as the statutory independent body responsible for enforcing competition law in the State, has received information relating to alleged anti-competitive behaviour in the concrete industry. Section 29 (3) of the Competition Act 2002 provides that the Authority is independent in the performance of its functions. Under section 30(1)(b) of that Act, the Competition Authority is responsible for investigating breaches of the Act. It is the Authority's policy not to comment on investigations. As investigations and enforcement matters generally are part of the day-to-day operational work of the Authority, I have no direct function in the matter. In light of this, I do not believe that it is appropriate to comment further.
Irish Small Business Alliance
Posted on 25 Feb 2012 5:03 pm (Report this comment)
Minister Bruton did not answer the question. He was asked under section 30 (2) of the Competition Act 2002 if he would request the Competition Authority to carry out a 'market study or analysis' of the cement, concrete and aggregates industry. It is within his power to do so.
The Competition Authority is not independent in that it relies on Minister Bruton under sections 39 and 43 of the Competition Act 2002 to fund it in order to carry out its statutory function. Minister Bruton has an obvious conflict of interest in that he is a former employee and current shareholder in CRH. It is no wonder he refuses to initiate an investigation. This is political capture at its worst.
Minister Bruton is also responsible for appointing Gerald FitzGerald as a member of the Competition Authority. Gerald FitzGerald is a former partner of McCann FitzGerald, the firm responsible for defending Readymix plc in cases of Competition Law infringements. How can someone be charged with regulating an industry when he comes from that industry himself?
Enhanced competition is better than any job scheme the Government can offer. Anti-competitive practices are costing the Irish economy billions of euros each year but yet Minister Bruton continues to protect the industry from which he came from!