Vol. 285 No. 9
asked the Minister for Industry and Commerce the steps he has taken through the Examiner of Restrictive Practices and otherwise to have petrol and oil supplies restored to certain filling stations of a company (name supplied) in Dublin, Limerick, Kilkenny and Clonmel whose supplies were withdrawn in May, 1975; and if he will make a statement on the matter.
33.
asked the Minister for Industry and Commerce when the report of the Examiner of Restrictive Practices regarding cases of certain persons (name supplied) who are in dispute with a company (name supplied) will be made available to him; and if he is aware of the urgency of the matter.
With the permission of the Ceann Comhairle, I propose to take Questions Nos. 32 and 33 together.
Complaints on behalf of these operators under the Restrictive Practices Act, 1972, have been referred to the Examiner of Restrictive Practices for investigation. It is not possible at this stage to estimate how long the investigation will take and when the examiner's report will be made available to me.
I am, of course, aware of the urgency of this matter. While there are no statutory powers available to my Department or to the Examiner of Restrictive Practices to require the company to restore supplies to the petrol station operators concerned, the company, in response to a request by my Department, offered last August to restore supplies on a temporary basis but the proposed terms of supply were not accepted by the operators. I understand that the examiner has been in touch recently with the company about the temporary restoration of supplies, that supplies have been restored to three of the licensees and that the fourth licensee is still in discussion with the company.
Would the Minister not agree that the background to this dispute is abominable from the point of view of the treatment of licensees or tenants, as one might call them? Would he not feel it incumbent on him to step in and insist the petrol company would operate a scheme which would qualify under the Landlord and Tenant Act, a scheme under which the Department of Social Welfare could look after the operators of petrol filling stations? It does look as if these people are getting abominable treatment.
I must say I share the feelings of the Deputy. I do not think the situation is satisfactory. The Deputy may be aware that there is a case before the High Court and a decision is pending in regard to invoking the Landlord and Tenant Act in this case. As I indicated in my original reply, I have made it clear that I want supplies made available pending the results of the investigation by the examiner. If that can be done, then we will get a "without prejudice" situation which can await proper mechanisms functioning. I shall certainly take whatever action comes to light as appropriate as a result of the examination. There would be inevitable delay in seeking new legal powers. The best way out for the moment—I am not suggesting it is a long-term solution—is for supplies to be resumed without prejudice and, when we get the report from the examiner of restrictive practices, I hope that report will both clarify the situation and recommend appropriate action. I am anxious that the mechanism should work and I do not want to anticipate the proper functioning or organisation of mechanism specifically set up to deal with a situation of this kind.
The Minister has indicated that arrangements have been made to restore supplies to three or four customers, but is the Minister aware that about a month ago supplies were cut off from two other tenants in the Dublin area? That would appear to constitute a further flouting of ministerial intervention. Could the Minister arrange for the examiner of restrictive practices to expedite his report and recommendations?
I will undertake to do that certainly. I also undertake to bring the contents of our exchanges here to the attention of the particular company because we obviously have agreement on both sides of the House. The situation is not a satisfactory one and we have no wish to see executive mechanisms used for solving it pending the working of a properly constituted investigation.
Would the Minister consider bringing in legislation, if necessary, which would be given a speedy passage through this House? It might be necessary for him to have that assurance.
I appreciate that thought and I shall certainly keep that possibility in mind. What Deputy Colley has said will strengthen my hand when I talk to the company.
The remaining questions will appear on next Tuesday's Order Paper.
