asked the Minister for Industry and Commerce if his attention has been drawn ot the allegation of price fixing made by the Examiner of Restrictive Practices against the two major publicans' organisations; if he intends to take any measures to end this practice; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Drink Prices.
12.
I am aware of the allegations of price fixing made against the two major publicans' organisations.
Under the terms of the Restrictive Trade Practices (Intoxicating Liquor and non-Alcoholic Beverages) Order, 1965, collusion on the part of publicans in relation to the fixing of drink prices is specifically prohibited.
The Director of Consumer Affairs and Fair Trade is currently investigating possible breaches of that Order. Under the provision of the Restrictive Practices (Amendment) Act, 1987, the Director of Consumer Affairs and Fair Trade, who is independent in the performance of his functions, would have responsibility for prosecution if it is considered that there has been a breach of the Order.
May I ask the Minister if the issuing of a circular by a trade association recommending a particular price for a product would be regarded by the commission as price fixing or an attempt at price fixing?
That is a matter for the Director of Consumer Affairs and Fair Trade who, in the performance of his functions, is totally independent of me. The Deputy is quite entitled to give any specific cases he has to the Director of Consumer Affairs and Fair Trade and I am sure he will be only too glad to have them investigated for him.
Is it not the case that the 1965 order is virtually unenforceable because of the difficulty of assembling evidence to comply with the terms of the order? Would the Minister consider looking at the terms of the order if that is the case?
I am not satisfied that it is unenforceable. If the right evidence is procured it is quite enforceable.
Is it not the case that there have not been successful prosecutions under that order for years?
I am satisfied that it can be enforced. I have not the details of whether or not there were previous prosecutions but that is a separate question.
Will the Minister indicate to the House or to me subsequently what prosecutions there have been?
Yes, I will.
That is a separate question. The time has come to deal with questions nominated for priority. The first is Question No. 33 in the name of Deputy Martin Cullen.