Skip to main content
Normal View

Dáil Éireann debate -
Thursday, 28 Sep 1995

Vol. 456 No. 2

Written Answers. - Reform of Legal Monopoly.

Thomas P. Broughan

Question:

86 Mr. Broughan asked the Minister for Enterprise and Employment his views on whether the restrictive monopoly operated by the profession of barristers within the Irish legal system is consistent with EU competition directives; and the plans, if any, he has to bring the system of Irish legal training and services within the remit of those directives. [13661/95]

EU competition law is enforced primarily by the European Commission and the European Courts. EU competition rules are also directly applicable in this country and actions in respect of alleged breaches of those rules may be taken in the Irish Courts by affected parties.

In its 1990 report of its study into restrictive practices in the legal profession, the Fair Trade Commission made wide ranging recommendations for reform, some of which have been taken on board in the Solicitors (Amendment) Act, 1994 and in the proposed legislation for reform of the Courts and judicial system, announced recently by the Minister for Justice. Other recommendations of the Fair Trade Commission were adopted by the profession on a voluntary basis.

The outstanding Fair Trade Commission recommendations relate mainly to the barristers' side of the profession, the matter of joint legal education and training and greater mobility between the two branches of the profession. The Minister for Enterprise and Employment has consistently supported the case for reform and will continue to press for the outstanding recommendations of the Fair Trade Commission to be dealt with.

I also draw the Deputy's attention to national competition law. The Competition Act, 1991 prohibits, by analogy with EU competition rules, anti-competitive practices and the abuse of a dominant position. At present the Act is enforced primarily by way of private civil actions in the Courts between disputing parties. While the Act illustrates examples of what may be prohibited, it is ultimately for the Courts to decide what constitutes a breach of the law in any case brought before them.

The Competition (Amendment) Bill, 1994 contains provisions enabling the Competition Authority to investigate anti-competitive activity, either on its own initiative or as a result of third party complaints, and to take court actions where necessary. In line with the Policy Agreement for Government I am committed to strengthening the enforcement of competition by giving the Competition Authority powers of enforcement and by enabling the courts to impose stiff fines on those found to be engaging in unfair competition. I intend to seek to have the Bill enacted as soon as possible.
Top
Share