Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Dáil Éireann díospóireacht -
Wednesday, 5 Mar 1980

Vol. 318 No. 7

Adjournment Debate. - Petrol Charges.

I should like to thank the Chair for giving me permission to raise on the Adjournment the difficulties arising out of the pending prosecutions in respect of garages that charged the increased price for petrol prior to the coming into effect of the Ministerial Order.

On budget day the Minister for Finance imposed an increase of 20p per gallon on petrol. On the passing of a resolution before midnight on that day, February 27, that order came into effect after midnight. It referred to suppliers of petrol so that deliveries as and from that time were subject to the new price increases. The problem arose because retailers were not allowed increase the price of petrol to the consumer until the following Monday because the relevant order so far as they were concerned—Maximum Prices (Petroleum Products) (No. 2) Order 1980—was issued on 28 February but stipulated that the price increase could not be imposed until 3 March. Many retailers had to purchase petrol immediately after the budget in order to replenish their stocks simply because there was a substantial run on stocks prior to the budget in the almost certain knowledge that the prices would be increased. The result of this was that on the Thursday morning many stations were without petrol and deliveries made were at the new price.

The choice that faced the retailers was either to sell to their customers at the old price, thereby incurring a loss of 20p per gallon, or to close their premises and wait until the Monday when they could apply the new price legitimately. This was a rather invidious choice, a choice that was forced on the retailers by the administrative bungling of the Department of Industry, Commerce and Tourism. We know what was said before when garages closed. Had they closed in this case they would have been accused again of exploiting the motorist. It would have been said that those retailers had purchased petrol at the pre-budget rate and were hoarding it until they could apply the 20p increase. In these circumstances many garage owners decided to sell to their customers at the new price and in many instances they were warned by officers of the Revenue Commissioners that they were in breach of the order and were threatened with prosecution. That threat still hangs over them.

What I am trying to highlight is the unfairness of the attitude adopted by the Revenue Commissioners in the circumstances in which the retailers found themselves through no fault of their own. Indeed, officers of the Revenue Commissioners told some garage owners that they could sell the petrol at the new price provided they guaranteed to refund to the customers the 20p per gallon extra being charged.

Faced with the Hobson's choice of closing or of suffering a loss of 20p per gallon many thousands of retailers decided to close because they were not in a position to absorb the loss that they would otherwise have incurred. As a result of this many people who needed to use their cars during the weekend were not able to get petrol. Nobody can say how much inconvenience this situation caused, possibly there was even loss of life as a result of doctors not being able to attend to emergencies. I have not heard of any such case but it is a possibility. It was very wrong on the part of the Department not to have coordinated the orders so that the new prices would have applied simultaneously to both retailers and suppliers.

My reason for raising this matter this evening is to try to ensure that proceedings will not issue against people who regarded themselves as acting fairly and in a practical manner on the occasion in question.

I am sure the Minister will agree that for any law to be just it must apply equally to all individuals and to all sections of the community. Unfortunately, however, the regulations that are the subject of this debate were not applied equally thereby giving the impression that there appears to be one law for the oil companies and another for the petrol retailers. The order in question was retrospective so far as the oil companies were concerned with the result that deliveries on the day after the budget were subject to the increased prices whereas the retailers were prevented from charging the new prices until the following Monday.

By acting in this unfair way, the Minister did a disservice to his Department. That was a retrograde step on his part, a step that has resulted in the laws being brought into disrepute. Since this happened I have been receiving telephone calls from petrol retailers telling me that deliveries of 5,000 to 10,000 gallons were made to them on the Thursday and Friday of budget week and that, although these deliveries were subject to the price increase, they were prevented by order of the Minister from charging the new price until the following Monday. Many of those retailers are known to have kept their premises open seven days a week down through the years and in order not to disappoint their customers they sold the petrol on the weekend in question at a loss of 13p or 14p per gallon. Many people who run these garages are trying to make a living and to raise families. They are not multinationals. They are small retailers. If a small garage owner sold 1,000 gallons over the period in question that could mean a loss of 14p multiplied by 1,000. That is a lot of money. The Minister must ensure that this sort of bungling does not occur again. This sort of situation should not be allowed happen again. The Minister announced in the budget that the increase would be of 20p but when he was making the order he increased the margin for petrol retailers by 2p.

He did what?

In the budget the Minister for Finance increased the price of petrol by 20p but when he was announcing the prices order the retail price was increased further.

What did the Deputy say about margins?

That does not arise on Deputy O'Toole's question which deals with the application of the increase.

I wanted to make the point that increases of this nature should be announced at the same time. The threatened proceedings against retailers should not be proceeded with. There is no point in blaming the Revenue Commissioners. They act under the direct authority of this House. We should not pass the buck by saying they are outside our control and there is nothing we can do. That is not good enough. This House passes the legislation under which the Revenue Commissioners work. We have to control this situation and ensure that summonses are not issued against innocent retailers. The Minister should give us an assurance that the Revenue Commissioners will not be made the "fall guys" for the bungling which has happened.

If some petrol retailers are prosecuted every petrol retailer in the country will be up in arms. I was amazed at the dissatisfaction among retailers over the last few days.

I referred the people who phoned me about this matter to the Department of Finance and the Department of Industry, Commerce and Tourism. I got in touch with both Departments and each referred me to the other. Nobody seemed to know who was responsible for what. It was simply a question of passing the buck. That is not good enough.

In future when budgetary changes are being made all interested Departments should work in unison, which did not happen on this occasion because the two Ministers involved appeared to be working on different levels. As I said, the Minister will have to explain if the price inspectors were authorised by the Department to tell the retailers who had supplied proof that they had paid the increased price on supplies delivered on Friday that they would be prosecuted if they charged the new price.

In his budget speech of 27 February 1980 the Minister for Finance announced an increase of the prices of all grades of motor spirits and of auto diesel of 20p per gallon VAT inclusive, at wholesale level, effective from 28 February 1980.

On 28 February, the Minister for Industry, Commerce and Tourism made an order, the Maximum Prices (Petroleum Products) (No. 2) Order, 1980, providing inter alia, for an increase of 22p or 22.1p per gallon, VAT inclusive, on the retail price of petrol and auto diesel, with effect from 3 March 1980. The purpose of the time lag, which seems to have escaped the Opposition, between the increase at wholesale level and at retail level was to allow for the disposal of petrol stocks bought at the old price. I am sure that every fair minded person will agree that an occasion such as this should not be used by holders of large stocks of petrol to make a killing at the expense of the motorist.

In this context I would refer to occasions in recent years when the Minister found it necessary to reduce the maximum retail price of petrol. On those occasions it was very evident that certain petrol retailers were less than prompt in reducing their prices. I accept that there can be difficulties which may delay the adjustments of the pricing mechanism of the petrol pumps but I must express my reservations as to whether this problem was really as widespread as claimed. Were it not for the energetic action of the prices inspectorate of my Department, a considerable number of motorists would have been unfairly penalised. A similar situation could have arisen on the occasion of the recent increase in petrol prices, had not the order made provision for the clearing of old stock.

During the period Thursday, 28 February and Monday, 3 March 1980, 140 complaints were received in the seven Priceline offices about petrol retailers increasing prices before the date permitted in the Maximum Prices (Petroleum Products) (No. 2) Order, 1980, that is, 3 March 1980. Most of these complaints were dealt with on Thursday, 28 and Friday, 29 February.

The investigations showed that some confusion had arisen from the Minister's budget speech and from subsequent news bulletins about the retail price of petrol. Petrol retailers apparently were under the impression that retail prices had been increased from midnight on Wednesday, 27 February. The fact that Priceline offices had a total of 279 inquiries about petrol prices from Thursday to Monday, 3 March confirms this view.

All but three of the petrol retailers checked to date had either reduced prices prior to our visit, or reduced them when requested by the inspector, and agreed to refund the overcharges to complainants. Because of the confusion over the prices, it would not be fair to prosecute retailers who undertook to refund overcharges to complainants. However, in cases where petrol retailers refuse to refund overcharges and where evidence of overcharging, by way of statements from complainants, becomes available to the Department, legal proceedings will be instituted immediately. I do not offer any apologies for the Department taking proceeding in cases like that.

In fairness I should say that there were retailers who because of the rush on petrol after the Minister's announcement on Wednesday afternoon had to purchase new stocks on Thursday at the new wholesale price. These retailers were informed that they could not increase the retail price until the new maximum prices order came into force on Monday. For this reason a small number of garages were compelled to close until they could pass on the increase.

It seems to me a little sick, to say the least of it, to see Fine Gael in unison with their hearts bleeding on behalf of the petrol retailers when the people they should be concerned about are the consumers who had to pay the extra price.

The Minister did not have much regard for them in the budget. His bleeding heart was for the multi-nationals.

The Dáil adjourned at 8.45 p.m. until 10.30 a.m. on Thursday, 6 March 1980.

Barr
Roinn