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Dáil Éireann díospóireacht -
Tuesday, 22 May 1990

Vol. 398 No. 10

Ceisteanna — Questions. Oral Answers. - Fair Trade Commission Report.

Seán Barrett

Ceist:

18 Mr. S. Barrett asked the Minister for Industry and Commerce if he will introduce legislation to implement the recommendations contained in the various studies carried out by the Fair Trade Commission into the restrictive practices of various professional representative bodies in prohibiting or restricting advertising by their members; and in some cases by fixing of fees being charged; and if he will make a statement on the matter.

I have already informed this House on 15 February 1990 and again on 22 March 1990, that when all the reports of the Fair Trade Commission's wide ranging study into the rendering of certain professional and analogous services are to hand I will then be in a position to take whatever action, including introducing legislation, is found to be necessary.

I have since received the report on the commission's study on architects, surveyors, auctioneers and estate agents. This is the final report on the professions that I have been awaiting from the Fair Trade Commission. When it has been fully considered, I will be in a position to take whatever action I deem to be necessary.

Of the reports to hand which the Minister has had the opportunity of examining, may I ask him if he intends seeking the co-operation of the various representative bodies to implement changes on a voluntary basis, or is he satisfied there is a need to bring about change by way of legislative measures? Is he satisfied that we cannot effect change for example in the area of the fixing of fees or the prohibition of advertising on a voluntary basis?

I cannot say that until all the reports have been published and studied by the interests concerned. My experience was that it was difficult to get voluntary agreement on matters of this kind. I recall in the early seventies that I had to take legislative action in regard to auctioneers' fees, after I had said that would be done if there was not voluntary agreement to change the system. When the voluntary agreement was not forthcoming, I introduced the legislation. I hope, given that background, that a number of professions will change their methods of operation on the basis that it is better that they do it voluntarily than the changes being imposed on them by statute. It is, therefore, my hope — as I presume it is the Deputy's — that various changes which clearly will be seen to be desirable might be voluntarily adopted by the various bodies concerned.

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