I move: "That the Bill be now read a Second Time."
The object of this Bill is to confirm the Restrictive Practices (Motor Spirit) (No. 2) Order, 1980, which I made on 11 December 1980 under the Restrictive Practices Act, 1972.
This order extends for a further two months the currency of a statutory ban on the operation of new company owned motor spirit stations by oil companies, created by the Restrictive Practices (Motor Spirit) Order, 1972. That order, as amended, is due to expire on 18 January 1981.
The 1972 order was made following an inquiry by the then Fair Trade Commission, requested by the Minister for Industry and Commerce in 1970, into the growth of the number of retail outlets directly operated by the petrol companies. In their report of the inquiry the commission argued that the growth of the control by the oil companies over the retail market needed to be halted for a time in the public interest as they felt that this development would lead to dominance over the retail market by the oil companies and increase the risk of such restrictive practices as price fixing and market sharing. The 1972 order halted this development for a trial period of three years. It was reviewed by the commission in 1975 and, on their recommendation, it was extended for another three years until the summer of 1978.
During that review the commission also received representations on matters relevant to the orders which their terms of reference did not allow them to consider. The commission had suggested, accordingly, that when they next reviewed the ban they should also review the other aspects of the orders relating to the motor spirit trade. I decided, therefore, to ask the commission to hold an inquiry into the operation of the orders as a whole, into any matters germane to the operations of those orders and also into the conditions which obtain in regard to the agreements under which stations which are company owned but not company run are operated. This latter aspect was included because I was anxious that concerns expressed by, and on behalf of, persons who were operating company stations without the security afforded by employee or tenant status should be explored thoroughly. Pending the receipt of the commission's report, I extended, by way of orders in 1978, 1979 and 1980, the ban for a further two and a half years to 18 January 1981.
I received the commission's report some months ago. The report has been examined and decisions have been taken on its recommendations. I had hoped to be able to have an order made implementing those of its recommendations which I accept and to have had a confirming Bill before the House before the end of this session. However, the order I propose to make is a complex one requiring careful drafting to ensure that it reflects accurately the numerous recommendations made.
Deputies will recall that when I spoke on this matter in the House in June of this year I expressed the hope that I would be able to introduce permanent legislation relating to the supply and distribution of motor spirit. Towards this end, I also propose, in the order to be made, on foot of the commission's report, to consolidate all relevant legislation. It is now clear that it will not be possible to have this lengthy order finalised in time to introduce confirming legislation during the present session. I have accordingly extended the currency of the statutory ban on the operation of new company owned stations for a further two months to 18 March 1981.
As regards the commission's report, I hope to publish this very early in the new year.
The Restrictive Practices Act, 1972, provides that orders of this kind shall not have effect unless they are confirmed by an Act of the Oireachtas. The Bill now before the House is the confirming Bill which is necessary to give the force of law to the order. The order, however, may not be amended but must be accepted or rejected as it stands. This is an uncontroversial measure and I have no hesitation in recommending it to the House.