Catherine Connolly (Galway West, Independent)
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174. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 141 of 24 March 2021, the engagement his Department has had with the Competition and Consumer Protection Commission on the need to conduct an investigation into potential mis-selling by Irish agents involved in the French leaseback property scandal, particularly in view of the fact that the Direction générale de la Concurrence, de la Consommation et de la Répression des fraudes in France has now completed its investigation; and if he will make a statement on the matter. [44042/21]

Robert Troy (Longford-Westmeath, Fianna Fail)
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The Competition and Consumer Protection Commission is the statutory body responsible for the enforcement of domestic and EU competition law in the State. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the Commission is independent in the performance of its functions. As investigations and enforcement matters generally are part of the day-to-day operational work of the Commission, the Minister for, Enterprise, Trade and Employment and I have no direct function in the matter.

Since the Deputy’s previous PQ in March, the CCPC has informed my department that they have received an update from the Direction Générale de La Concurrence, de la Consommation et de la Répression des Fraudes (‘DGCCRF’). The update related to the progress of their investigation and was to be passed on to complainants. The CCPC issued that update to all complainants in July.

At the time that update was provided, the DGCCRF advised that they will inform the CCPC when reports are handed over to the Public Prosecutor in France and they will draw the Public Prosecutor’s attention to the importance of keeping complainants informed about the state of play of proceedings. Complainants were advised at the time that as this is a DGCCRF criminal investigation, the next stage of which involves the handing over of reports to the French Public Prosecutor, the CCPC would not be in a position to comment further, unless requested or authorised to do so by the DGCCRF. However, the CCPC have informed me that they have continued to engage with complainants who contacted them and provide any information they can. Where the CCPC have been unable to answer complainants queries, they have passed them on to the DGCCRF and communicated back any clarifications that they provided.

Regarding the role of Irish agents in the sale of these properties, in response to a previous PQ, the CCPC stated that when the DGCCRF have completed their investigation, the DGCCRF will provide to the CCPC, information on any potential concerns or infringements with respect to Irish agents identified during the course of their investigation. At that point, the CCPC will assess the information provided by the DGCCRF in order to determine whether there may have been a breach of consumer protection legislation by Irish traders. Following any such assessment, the CCPC will decide the necessary next steps. The CCPC are continuing to assist the DGCCRF’s efforts. Their approach continues to be one of providing assistance to the DGCCRF in relation to the investigation and that includes the role that Irish traders may have had in relation to the alleged conduct. That assistance is continuing at this time. Given that this is an ongoing operational matter for the CCPC, you will appreciate that the CCPC are not in a position to provide further detail.