Vol. 397 No. 4
10 Mr. J. Bruton asked the Minister for Industry and Commerce when he proposes to place before Dáil Éireann, in accordance with section 14 of the Restrictive Practices (Amendment) Act, 1987, a statement concerning his reasons for his failure to date to act on the report on the Professional Services of Patent and Trade Mark Agents which was presented to him in February 1989; and when the report will be published.
Section 14 of the Restrictive Practices (Amendment) Act, 1987, provides that "if the Commission, in a report to the Minister, recommend the making of an order and if at the expiration of a period of 12 months after he has received the report the Minister has not made the order, he shall, within 21 days after the said period, lay before each House of the Oireachtas a statement in writing giving the reasons why he has not made the order." The Fair Trade Commission report of their study of Restrictions in the Profession of Patent and Trade Mark Agents did not recommend the making of an order. I am not, therefore, under any obligation to place a statement before Dáil Éireann concerning my reasons for not acting on this report.
I do not intend publishing this report at present. My Department are currently examining reports by the Fair Trade Commission on competition law and the legal profession and I regard the examination and publication of these reports as a top priority. When these matters have been dealt with fully I will then consider whether publication of the report on patent and trade mark agents is warranted.
May I ask the Minister what would his objection be to publishing the report and allowing the public to make an input, even though the Minister might not have yet decided on it?
I have no obligation, as is implied in the question, to publish it. I thought it was appropriate that it would be published in connection with a number of reports on professions generally which are becoming available from the Commission on Restrictive Practices. The legal profession report has been received recently and there is one awaited on architects, surveyors, estate agents and auctioneers. When all the reports are available and the Government are in a position to make a decision on what provisions are necessary to discourage the restrictive practices that are going on in these professions, perhaps it would then be appropriate to publish tham all together. I have made an exception in the case of the legal profession because it is important to get that report out as quickly as possible. It will be published shortly, as I am about to say in reply to another question.
Is the Minister aware that the report on patent agents has been in his possession for the last 13 or 14 months? Would he agree that it would do no harm to publish that report to allow any representations in regard to its contents to be made to him so that they could be taken into account before he makes a final decision?
The Deputy has already made that point adequately.
What advantage does the Minister see in holding back a report of this kind for 11 or 12 months or maybe longer when it could be published and the information made available for discussion?
I do not see any great advantage in holding it back or in publishing it either. I have a difficulty in the Department in that there is only a handful of people trying to deal with a whole range of these matters. They are not in a position to deal with this report, which is not urgent, unlike, for example, the one on the legal profession, which is of great urgency and which affects everyone in the country. This report affects only a handful of people.
May I ask the Minister ——
A final question, Deputy Bruton.
Would the Minister agree that to send a report to the printers without making a decision on whether or not its contents would be implemented does not require a great deal of staff time in the Department? It would be simple normal courtesy to allow the public to see a report which, after all, was prepared at the taxpayers' expense.
It is not just a question of sending the report to the printers. A lot of work has to be done in the Department in regard to ——
Just to publish it?
——what has to be said in the report before its publication. There will be a whole string of questions as to what will be done in regard to it. Due to the severe shortage of staff, the Department simply have not had the opportunity of dealing with it and I regret that. It would be ideal if we could deal with all these matters as they arise but this one is of very minority interest indeed.
It is of economic interest.
It is only right that I should direct that priority be given to the areas which are of major importance. Restrictive practices, if they occur in the legal profession; are of far greater consequence to this country than if they occur in the patent agent's profession.
That is a nonsensical answer to a sensible question.
