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Proposed Legislation

Dáil Éireann Debate, Wednesday - 21 April 2021

Wednesday, 21 April 2021

Questions (209)

Joe Carey

Question:

209. Deputy Joe Carey asked the Tánaiste and Minister for Enterprise, Trade and Employment the status of the proposed competition (amendment) Bill; if this proposed Bill will seek to provide additional powers for the Competition and Consumer Protection Commission to assist in gathering evidence to tackle cartels; and if he will make a statement on the matter. [20456/21]

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Written answers

The Competition (Amendment) Bill 2021 will include provisions to facilitate the transposition of the EU’s “ECN+ Directive” into Irish law and will represent a step change in competition enforcement for Ireland. Included in the provisions are a new civil enforcement regime for the Competition and Consumer Protection Commission (CCPC) (as well as ComReg) with the power to levy significant administrative sanctions, arrange for statutory immunity and leniency and many measures which will greatly improve the ability to enforce competition law in Ireland.

Amongst the measures within the ECN+ Directive and proposed for inclusion in the Bill are measures aimed at improving the power of the CCPC and ComReg to tackle cartel behaviour. This includes measures in relation to both gathering information and imposing sanctions on those involved in cartel behaviour.

The Bill attends to the Programme for Government commitment to enable the Competition and Consumer Protection Commission and ComReg to make greater use of administrative penalties to sanction rogue operators, and is an action in the Action Plan for Insurance Reform. In addition, the Bill will further strengthen the powers of the State in tackling white collar crime, economic crime and corruption.

The Government approved the drafting of the Bill at its meeting on 22nd December 2020, and the publication and progression of the Bill was included as a priority in the spring legislative programme. The Joint Oireachtas Committee on Enterprise, Trade and Employment finalised its Pre-Legislative Scrutiny on 23rd February. My officials and those of the Attorney General have progressed drafting since then. The transposition of the Directive was due on 4th February last therefore I wish to revert to Government seeking approval to publish the Bill as soon as possible. The timing of this is dependent on further progress in drafting, and also upon the receipt of the Committee’s report and consideration of same. As such, I anticipate reverting to cabinet in May.

I look forward to bringing the Bill to the House in the near future and progressing it before the summer recess.

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