Dáil Éireann debate -
Thursday, 6 Nov 1997

Vol. 482 No. 5

Written Answers - Take-over by Guinness.

Róisín Shortall

Question:

55 Ms Shortall asked the Tánaiste and Minister for Enterprise, Trade and Employment if she will request the Competition Authority to examine the Guinness take-over of United Beverages; and if she will make a statement on the current situation regarding this take-over. [18346/97]

Pat Rabbitte

Question:

72 Mr. Rabbitte asked the Tánaiste and Minister for Enterprise, Trade and Employment the investigations, if any, which have been held by her Department into the failure to refer the proposed take-over of United Beverages Holdings by Guinness Ireland to the Competition Authority within the statutory period; the procedures, if any, which have been put in place within her Department to prevent a recurrence of this failure; and if she will make a statement on the matter. [18250/97]

Tánaiste and Minister for Enterprise, Trade and Employment (Miss Harney)

I propose to take Questions Nos. 55 and 72 together.

I informed the House on 30 September that, following discussions with me and my officials, Guinness Ireland Group notified their proposed take-over of United Beverages Holdings to the Compettion Authority on 4 September seeking clearance of the proposal under the Competition Acts. This means that the proposal is being examined by the Competition Authority as I had originally intended. The examination will establish whether or not the proposed take-over is anti-competitive and contrary to the Competition Acts.

The alternative course of action became necessary as the original referral by me on 8 August was made out of time. This occurred because it had been understood in my Department that the deadline of 3 August could be extended by making a further request for information from the parties. However, this was queried by the Competition Authority and the Attorney General advised that that original deadline of 3 August was unaffected by the request.

As Minister, I take responsibility for the errors of the type made in my Department. I am, however, satisfied that the alternative course of action taken by Guinness will have the same effect as if the original course I had intended were taken. In order to prevent any recurrence of the type of errors in this case, I have issued strict instructions, based on legal advice received in this case, concerning rigid adherence by all concerned to the timescales laid down in the Mergers Acts.