Vol. 398 No. 10
44 Mr. R. Bruton asked the Minister for Industry and Commerce whether he has studied the report of the Director of Consumer Affairs and Fair Trade on the trading practices of the national lottery; and if he will make a statement on the matter.
47 Mr. Durkan asked the Minister for Industry and Commerce whether the Director of Consumer Affairs has completed his examination of the manner in which the national lottery operates vis-à-vis Rehab Lotteries; if this report will be published in the near future; if he intends taking any action arising from the report; and if he will make a statement on the matter.
I propose to take Questions Nos. 44 and 47 together. I understand from the director that he has undertaken an investigation into aspects of the operation of the national lottery under section 14 of the Restrictive Practices Acts, 1972 and 1987. Following the investigation he formed the view that the requirement by the national lottery that retailers who act as agents for them may not act as agents for any other lottery constitutes an unfair practice as defined in the Restrictive Practices Act, 1972.
He communicated his opinion to the company and asked them to take such steps as would be necessary to remove or amend their exclusive agency rule and effects. The company did not agree with the director's view and indicated that they would not take the action requested of them.
The director has not submitted a formal report to me and is not required to do so. However, he has, as a matter of courtesy, informed me of his investigation and actions to date.
The director has advised me that he is considering what further action might be available to him.
For the present I await the decision of the director on the option he chooses. He will no doubt give consideration to the various options open to him, including, inter alia, the provisions of section 8 of the Restrictive Practices Act, 1987.
Finally, I must make it clear that the forming of an opinion by the director that a practice is undesirable and anti-competitive does not of itself mean that the continuation of the action complained of is in breach of Irish law, as it now stands.
