Skip to main content
Normal View

Seanad Éireann debate -
Wednesday, 20 Feb 2002

Vol. 169 No. 6

Competition Bill, 2001: Report and Final Stages.

Bill received for final consideration.
Question proposed: "That the Bill do now pass."

I thank the Cathaoirleach for the opportunity to comment because I was obliged to leave the Chamber on Committee Stage and I was unable to comment on an amendment in my name which related to section 15.

I plead with the Tánaiste to give further consideration to the amendment in question before the Bill is taken in the Dáil because it was designed to take account of situations where large Irish companies, such as the Kerry Group, CRH, Elan, etc, conducting worldwide operations which, in the course of trading, acquire bona fide businesses in other jurisdictions that do not trade in Ireland. As I understand it, these companies are obliged to notify these acquisitions to the Minister under current legislation and will be obliged to notify the Competition Authority once the Bill is enacted. This seems nonsensical and it is difficult to imagine why the authority needs to have any scope for review of a transaction that has no impact on competition in this State. It imposes additional burdens on the companies concerned and places an additional administrative burden on the Competition Authority.

In the interests of improved competitiveness and increasing efficiencies, it is imperative that the Tánaiste recognises and caters for this situation. I suggest that Irish businesses which operate in an international environment should be free to conduct business without any unnecessary administrative shackles. I notice that—

May I remind the Senator of the time pressure?

I will be very brief. I beg the indulgence of the Chair. I saw this communication from IBEC just before I came into the House and I will cite it very briefly. It states – and this supports my point – there would be no direct impact on competition law here and, therefore, they should not have to notify the Irish competition authority. It goes on to state: "We believe this is something which legislation should address, given the high level of foreign direct investment in a large number of multi-nationals based here." I refer this to the Tánaiste for her careful consideration before she takes the Bill to the Dáil.

I wish to make a few general comments. We have done a good job in this House, with the co-operation of the Tánaiste, in relation to this Bill. On Second Stage, we indicated areas of concern and brought forward amendments. The Tánaiste has generously accepted the principle of quite a large number of them and has indicated she will go back to the Dáil to improve this Bill. This has demonstrated clearly the relevance of Seanad Éireann and the useful role it can play in the improvement of draft legislation. I am very grateful for the co-operative and helpful attitude displayed by the Tánaiste and her advisers. I believe, as a result of its passage through this House, an improved Bill will make its way to the Dáil to be passed there so that we will have an even better and stronger Competition Authority.

I add my words to those of Senator Norris, with one exception. I am disappointed that the Bill is going right through to Report Stage today. I sought on the Order of Business – perhaps I did not word it correctly – a guarantee that this would not happen today, so that we could have those amendments in this House. I understand the case which has been made that the amendments will be taken in the other House. I understand the urgency of getting this Bill enacted and I would not like wish to delay it in any way, but I regret that Report Stage is being taken on the same day as Committee Stage. As a point of principle, we should never do that. We have time to consider the proposed amendments, particularly as the Tánaiste has considered them and is going to consider them further. It seems a shame that we have not actually concluded in this House.

I congratulate the Tánaiste and her officials who prepared this Bill and I wish the Bill safe passage through the other House.

I have some sympathy with Senator Quinn's observations. As a general principle, Report Stage should normally be deferred to a later date. However, I thank the House for its co-operation in this respect because, unless we move the Bill quickly through this House, it will not be possible to have it enacted before the general election. From that point of view, there is an urgency. As I said at Second Stage, the Tánaiste showed, when she was Minister of State at the Department of the Environment and Local Government, that she was quite amenable to accepting amendments when we discussed a very complex piece of legislation, the Environmental Protection Agency Bill. She has shown similar flexibility today and I am sure, when the Bill returns from the Dáil, the observations made here at Committee Stage will be reflected in the final shape of the Bill. I wish the Bill well in the Dáil and I thank the Tánaiste for the attention she has given the House.

I endorse the comments that have been made. In the context of what we have agreed – and it is very gracious of the other side of the House that they have agreed to this – I would hate to see this Bill becoming the Devon Loch of Irish legislation, just as it was about to hit the home strait, by being stymied and collapsing because of the limitations on time to which Senator Dardis referred.

I thank the Tánaiste for her usual good humoured approach and her very positive response to the proposals made in this House. In a general sense, go mbeirimid beo ar an am seo arís.

I wish to add my voice to what has been said and to assure Senator Dardis that, when it is necessary and practicable, this House has always shown itself to be agreeable in that regard, but that is not a precedent for the future. I thank the Tánaiste for her openness and her willingness to take on board many of the suggestions from this side of the House. I also thank her for her understanding in relation to what I would describe as my amateurish approach to the issue, having had to stand in for Senator Coghlan at the last moment. She treated me with a degree of respect which, perhaps, I did not deserve.

I thank the House for agreeing to take all Stages today. I was reluctant to take all Stages and it is not something I do lightly. I know it is important that legislation is properly scrutinised in both Houses of the Oireachtas but, as Members understand, we have a very short timeframe for the Government Chief Whip and the Opposition spokespersons to get agreement before the inevitable happens after Easter. It would be a shame if this Bill were to fall, leaving us to re-invent the wheel again, which could take 18 months or perhaps two years to have this Bill enacted. That would be a great pity.

The process which led to this began in 1996 when the company law review group was established by my predecessor. That group reported some 18 months ago and it has been quite a speedy process since then. I thank Senators and I assure Senator Coghlan that all of those things will be done even though my officials may not be happy campers and will probably tell me how foolish I am, but so be it.

In relation to Senator Coghlan's amendment which he was unable to move, in theory I would be well disposed towards it but it is not as easily done as it may sound – for example, the proposed acquisition by Coillte of Balcas, which was outside the State. I would like to do it if I could. The last thing I want is to put another burden on Irish companies acquiring operations abroad. We are looking at the matter to see if we can find a way round the difficulties which the Senator has highlighted.

I thank all Senators for their contribution to the debate. I love coming to this House. With such politeness and decency, it is hard to believe politics operates here at all.

Unlike some people elsewhere.

At least, partisan politics does not seem to take root too often – perhaps on the Order of Business.

The Tánaiste should see us at three o'clock in the morning.

I thank you, a Chathaoirligh, and the staff of the Seanad for all the assistance.

Question put and agreed to.
Sitting suspended at 6.10 p.m. and resumed at 6.35 p.m.
Top
Share