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Dáil Éireann debate -
Tuesday, 12 Nov 1963

Vol. 205 No. 9

Ceisteanna—Questions. Oral Answers. - Licensed Trade Investigation.

32.

asked the Minister for Industry and Commerce if, in view of his request to the public to inform the Fair Trade Commission of signs of traders combining together to inflate prices unduly or to eliminate competition, he will direct the Fair Trade Commission to investigate the activities of the licensed trade, particularly in Dublin.

It is the duty of the Fair Trade Commission under the restrictive trade practices legislation to keep under review the effect on the public interest of restrictive practices in the supply and distribution of goods. They have informed me that, as part of that duty, they have at the moment under review the position in the licensed trade and in other trades in relation to price increases which may result from collective action. Should it appear necessary as a result of this review, the Commission will hold an inquiry into any of these trades, including the licensed trade.

Will the Minister say is it or is it not a fact that the Revenue Commissioners advised traders to have consultations and to arrange their prices in the light of the fact that it was impossible to apply the turnover tax to certain articles in which they trade?

I am not aware of what the Revenue Commissioners told the traders but if they take action which offends against the Prices Act in respect of which the Fair Trade Commission will take action——

Is it not a fact that the Revenue Commissioners told the traders to hold consultations and informed the traders concerned that for the purpose of administering the turnover tax consultations of this kind were not only permissible but were to be encouraged, and are we now at the stage at which traders are to be told by the Department of Finance to consult and to be told by the Department of Industry and Commerce that they are criminally liable because of the advice they accepted from the Department of Finance?

If such consultation took place between the Revenue Commissioners and the traders, I am quite certain the Revenue Commissioners did not tell the traders to take action that would offend against the Prices Act— collective action that would hinder competition and raise prices. I feel quite sure that such advice was never given by the Revenue Commissioners.

If it transpires that traders acted on the advice given by the Revenue Commissioners to facilitate, in their view, the administration of the Fianna Fáil turnover tax, may we assume that those who took the advice of the Minister for Finance in good faith will not be prosecuted by the Minister for Industry and Commerce for doing so?

They are afraid now because they were found out.

I can assure the Deputy that anybody acting in good faith will not be prosecuted by me, as long as it does not interfere with the public interest.

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