Vol. 373 No. 14
asked the Minister for Industry and Commerce the matters on which the Restrictive Practices Commission has published fair practices rules under section 4 of the Restrictive Practices Act; the date and purpose of the rules and if they are being upheld.
51.
asked the Minister for Industry and Commerce if the provisions of the Restrictive Practices Act, 1972, under which the Restrictive Practices Commission may issue fair practices rules has been effective; if not, the reason; and if he will make a statement on the matter.
I propose to take Questions Nos. 48 and 51 together.
No fair practice rules have yet been made under section 4 of the Restrictive Practices Act, 1972. Nevertheless it is felt that the provision permitting the making of such rules represents an effective method, in certain circumstances, of curbing unfair trading practices.
The Deputy will be aware that the Restrictive Practices Commission can recommend the making of Restrictive Practices Orders where it is felt that fair practice rules would not be appropriate.
49.
asked the Minister for Industry and Commerce if he will consider making criminal offences of the unfair practices listed in the Third Schedule to the Restrictive Practices Act, 1972; and if he will make a statement on the matter.
As the Deputy is aware many practices having the effects listed in the Third Schedule to the Restrictive Practices Act, 1972 are already prohibited under the range of orders made pursuant to section 8 of the Act. These orders relate to the supply and distribution of particular goods or the provision of particular services.
I have no plans at present to alter this method of dealing with such unfair practices.
50.
asked the Minister for Industry and Commerce if he will make a statement in respect of each order made under section 8 of the Restrictive Practices Act, 1972, giving details of (a) the date it was made, (b) its purpose, (c) if it is still in force, and (d) the number of prosecutions brought for failure to abide by its terms.
A statement of the information which the Deputy requires is set out in the Table below:
|
Title of Order |
Date made |
Purpose |
If it is still in force |
Number of Prosecutions |
|
Restrictive Practices (Groceries) Order, 1973. |
21/1/73 |
To prohibit certain restrictive and unfair practices in relation to the supply and distribution of grocery goods. |
No |
1 |
|
Restrictive Practices (Groceries) (Amendment) Order, 1973. |
18/10/73 |
To amend Article 3 of the original Order in so far as it relates to the equitable application of any quantity or volume discounts allowed by suppliers. |
No |
None |
|
Restrictive Practices (Motor Spirit) Order, 1975. |
17/6/75 |
To extend for a period of three years the prohibition on the operation by petrol suppliers of additional retail outlets and to make some other amendments of the Restrictive Trade Practices (Motor Spirit) Order, 1972. |
No |
None |
|
Restrictive Practices (Groceries) (Amendment) Order, 1978. |
15/3/78 |
To amend Articles 2, 3, 4 and 7 of the Principal Order. |
No |
14 |
|
Restrictive Practices (Motor Spirit) Order, 1978. |
7/6/78 |
To extend for a period of one year the provision in the Restrictive Trade Practices (Motor Spirit) Order, 1972 as amended by the Restrictive Practices (Motor Spirit) Order, 1975 which prohibited petrol companies from operating additional retail outlets. |
No |
None |
|
Restrictive Practices (Groceries) (Amendment) (No. 2) Order, 1978. |
7/12/78 |
To enable suppliers to with-hold supplies of grocery goods from persons who sell such goods below cost. Provisions in relation to the advertising for sale of goods below cost are also restated. |
No |
None |
|
Restrictive Practices (Motor Spirit) Order, 1979. |
12/6/79 |
To extend for a period of one year the provision in the Restrictive Trade Practices (Motor Spirit) Order, 1972 as amended by the Restrictive Practices (Motor Spirit) Order, 1978 which prohibits petrol companies from operating additional retail outlets. |
No |
None |
|
Restrictive Practices (Motor Spirit) Order, 1980. |
23/5/80 |
To extend for a period of six months the provision in the Restrictive Trade Practices (Motor Spirit) Order, 1972 as amended by the Restrictive Practices (Motor Spirit) Order, 1979, which prohibits petrol companies from operating additional retail outlets. |
No |
None |
|
Restrictive Practices (Motor Spirit) (No. 2) Order, 1980. |
11/12/80 |
To extend for a period of two months the provision in the Restrictive Trade Practices (Motor Spirit) Order, 1972 as amended by the Restrictive Practices (Motor Spirit) Order, 1980 which prohibits petrol companies from operating additional retail outlets. |
No |
None |
|
Restrictive Practices (Groceries) Order, 1981. |
4/3/81 |
To amend in certain respects the provisions in relation to the withholding of grocery goods from persons who sell such goods below cost, and also in relation to the advertising for sale of such goods below cost. |
Yes |
11 |
|
Restrictive Practices (Motor Spirit and Motor Vehicle Lubricating Oil) Order, 1981. |
4/3/81 |
To consolidate with some modifications and additions the provisions of the Restrictive Practices (Motor Spirit and Motor Vehicle Lubricating Oil) Orders, 1961 to 1980. The main amendments relate to the restrictions on the opening of additional company-owned stations, repayment of loans by companies to retailers, trading hours, conditions attached to licences, the tenure of short-term lessees of company-owned stations, compensation for retailers in certain circumstances and arbitration in case of disputes. |
Yes |
None |
|
Restrictive Practices (Groceries) Order, 1987. |
25/5/87 |
To prohibit the selling or advertising for sale, of grocery goods (including alcoholic beverages) below cost price. The provisions in relation to the withholding of supply of grocery goods are outlined and the payment or receipt of “Hello Money” is prohibited. |
On confirmation it will have the force of law in accordance with its terms |
None |
52.
asked the Minister for Industry and Commerce if he will make a statement in respect of each report presented by the Restrictive Practices Commission under section 7 of the Restrictive Practices Act, 1972, giving details of (a) when it was presented, (b) its subject matter, (c) the recommendations made, (d) the manner in which each recommendation was acted upon, and, (e) if any of its recommendations have not been acted upon; and, if not, the reason.
When the Deputy refers to reports presented under section 7 of the Restrictive Practices Act, 1972, I am assuming he is referring to reports of inquiries carried out by the Restrictive Practices Commission under section 5 of the Act. I have set out in the table below a statement of the information which the Deputy requires.
Table
|
(a) When it was presented |
(b) Its subject matter |
(c) Recommendation |
(d) Action taken |
Recommendations not acted upon |
|
20 April 1978 |
Inquiry into the Supply and Distribution of Cinema films (Prl. 7260). |
Fair Practice Rules recommended. |
Voluntary agreement eventually reached after intervention by Minister for Industry and Commerce. |
Fair practice rules recommended but not made as there was not consensus in the trade to operate them successfully. |
|
21 May 1979 |
Inquiry into the Supply and Distribution of Daily and Sunday newspapers published in Ireland and of Newspapers, Periodicals and Magazines Distributed by Wholesalers (Prl. 8380). |
Recommendation that a voluntary appeals board be set up to hear cases of refusal to supply. |
— |
Department has been engaged in consultation with the various interested parties for quite some time. Practical problems have arisen in the course of the discussions. It would be hoped to set up the appeals board in the near future. |
|
20 June 1979 |
Inquiry into the operations of the Restrictive Practices (Motor Spirit) Orders, 1961 to 1975. |
Order recommended. |
Restrictive Practices (Motor Spirit and Motor Vehicle Lubricating Oil) Order, 1981 made (Prl. 9044). |
— |
|
14 November 1980 |
Inquiry into the Retail Sale of Grocery goods below-cost (Prl. 9428). |
Order recommended. |
Restrictive Practices (Groceries) Order, 1981 made. |
— |
|
14 April 1982 |
Inquiry into the effects on Competition of the restrictions on Conveyancing and the restrictions on Advertising by Solicitors. |
Order recommended. |
Matters referred to Minister for Justice, and Restrictive Practices Act, 1972 reviewed. |
The Attorney General advised that all but two of the recommendations required amendments to the Solicitors Act, 1954. The other two recommendations require amendment to the Restrictive Practices Act, 1972. |
|
The Department of Justice are at an advanced stage in their review of the Solicitors Acts and are taking all the Commission's recommendations into account. |
||||
|
14 April 1982 |
The Restrictive Practices (Amendment) Bill, 1987 was introduced in Seanad Éireann today. |
|||
|
1 October 1982 |
Inquiry into the Statutory Restrictions on the provisions of Dental Prostheses (Pl. 1203). |
Recommendation that section 45 (5) of the Dentists Act, 1928 be amended to allow dental technicians to provide dentures to persons over 18. |
Recommendation taken into account in the Dentists Act, 1985. |
The Commission recommended an alternative proposal whereby members of the public should have the right to choose who they want to provide dentures. This recommendation was not accepted by Dept. of Health. |
|
24 July 1984 |
Inquiry into the provision of Tour Operator and Travel Agency Services in so far as they are affected by the activities of Associations in the Travel Trade (Pl. 2601). |
Order recommended |
— |
The Attorney General advised the Minister that the proposed Order was ultra vires his powers. He held that the Order came under the definition of “air services or services ancillary thereto” and said that the Minister could not proceed with the Order until the Restrictive Practices Act, 1972 was amended to include air services. |
|
12 September 1985 |
Inquiry into the Policies of Building Societies in regard to Insurance Related to Mortgaged Properties and Valuation Reports on Properties (Pl. 3505). |
Order recommended. |
The Minister for the Environment included most of the Commission's recommendations in the Building Societies Regulations, 1987. |
The Order recommended was deemed to be ultra vires the Minister's powers because it related to building societies which are regarded as coming under the term “banking business” for the purposes of the Restrictive Practices Act, 1972. The Minister could not proceed with the Order until the Restrictive Practices Act, 1972 was amended to banking businesses. |
53.
asked the Minister for Industry and Commerce if he will give the date of, the purpose of, the outcome of and action taken upon each inquiry initiated under section 9 of the Restrictive Practices Act, 1972; if he will give similar information in respect of each study under section 12 of the same Act; and if he will make a statement on the matter.
No inquiries have been undertaken by the Restrictive Practices Commission under section 9 of the Restrictive Practices Act, 1972. A statement of the information which the Deputy requires in relation to studies undertaken by the commission under section 12 of the Act is set out in the table hereunder.
TABLE
Details of Studies undertaken by the Restrictive Practices Commission under section 12 of the Act.
|
Date Presented to Minister |
Purpose of Study |
Outcome of Study |
Action taken |
|
18/9/1975 |
Study of Industrial Concentration and Mergers in Ireland. |
Analysis of information on Industrial Concentration and Mergers. No recommendations made. |
No action required. |
|
30/7/1976 |
Study of roadside and street trading and sales from temporary retail outlets. |
That such trading was fair trading provided that it was subject to effective control and that the traders involved made a realistic contribution to public funds to offset the competitive advantage they enjoy. |
Legislation enacted to regulate and licence that type of trading — Occasional Trading Act, 1979 and Casual Trading Act, 1980. |
|
24/1/1977 |
Study and analysis of the legislation on Competition Policy in Ireland in the light of economic and social changes taking place in the economy. |
Report of study not published. |
None. |
|
7/6/1977 |
Study of competition in the licensed drinks trade. |
Various recommendations for changes in the licensing laws to ensure better competition in the licensed drinks trade. |
Referred to Department of Justice for consideration in the course of general review of licensing laws. |
|
9/5/1983 |
Industrial Concentration in Ireland — 1975. |
Further analysis of information on Industrial Concentration and Mergers based on data which had become available since 1975 report on the same topic. No recommendations made. |
No action required. |
|
15/7/1986 |
Study of Cable Television Systems in the Greater Dublin Area. |
Conclusion that provision of cable television is a natural monopoly. Various recommendations made to Cablelink and RTE concerning pricing, competition, operation and standard of service, further review recommended in 3/4 years. |
Report brought to attention of Department of Communications, Cablelink and RTE. No further action required. |
|
12/3/1987 |
Study into concerted fixing of fees and restrictions on advertising in the accountancy profession. |
Report of study not yet published. |
Under consideration. |
|
22/5/1987 |
Study into concerted fixing of fees and restrictions on advertising in the engineering profession. |
Report of study not yet published. |
Under consideration. |
