Written answers

Tuesday, 16 April 2013

Department of Jobs, Enterprise and Innovation

State Bodies Mergers

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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To ask the Minister for Jobs, Enterprise and Innovation when the National Consumer Agency will be merged with other State agencies; the reason a new Chief Executive was appointed to the National Consumer Agency; the length of time of their contract; their role when the agency is merged; and if he will make a statement on the matter. [16866/13]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Work on drafting the Consumer and Competition Bill is on-going and the Bill is included in the “A list” in the Government’s current Legislative Programme.

In addition to merging the National Consumer Agency and the Competition Authority, the Bill will, inter alia, update and reform competition law on foot a review of the operation and implementation of the Competition Act 2002, give effect to the recommendations of the Advisory Group on Media Mergers and introduce enabling provisions for a code of practice for the grocery goods sector.

The merger of the two bodies is aimed at ensuring improved co-ordination of the two policy areas. Enforcing both competition and consumer laws will give the newly merged body synergies and efficiencies in carrying out its functions. This will have benefits for consumers due to the existence of a stronger and more co-ordinated body dealing with consumer and competition issues.

As regards the appointment of a new Chief Executive to the National Consumer Agency, that post is a statutory position under the Consumer Protection Act, 2007. Following the decision of the previous CEO not to take up the offer of a new contract, sanction was received from the Department of Public Expenditure and Reform to recruit a new Chief Executive given the need to ensure that the specific statutory functions of the CEO under the 2007 Act could continue to be carried out. These include important functions such as being the accountable officer of the Agency before the Public Accounts Committee of the Dáil and other relevant Committees of the Oireachtas, managing the staff, administration and business of the Agency, reporting to the Board of the Agency in relation to performance of the Agency’s statutory functions etc. It is essential that these statutory functions continue to be carried out until the Agency is formally merged with the Competition Authority.

The new CEO’s contract is for a period of five years. At the time of the advertisement for the CEO post, it was specifically indicated that the successful appointee would also be appointed as a Member-designate of the merged body. When the merged body is formally established, following enactment of the Consumer and Competition Bill, the CEO will act as a Member of the new body.

In appointing Ms. Isolde Goggin as Chairperson of the Competition Authority, I also appointed her to act as Chairperson-Designate of the merged body. The appointment of the Chairperson as Chairperson-Designate and the new CEO of the NCA and the existing Members of the Competition Authority as Members Designate of the proposed Consumer and Competition Authority is intended to allow both bodies to work together to bring their collective strengths, expertise and experience to bear so as to ensure that the transition to the merged body is as smooth as possible.

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