The purpose of the Bill is to repeal the Cement Acts, 1933 to 1962. The principal provision of the Cement Acts is that a company cannot manufacture cement without a licence from the Minister for Enterprise, Trade and Employment. It is important that we are changing this. The legislation facilitated the establishment of an indigenous manufacturing base for the production of cement. The repeal of the Cement Acts, 1933 to 1962, is proposed on the grounds that the industry is operating successfully, given the current economic boom and unprecedented growth, and the need for regulation has become redundant. It is important to have competition in the industry.
The Cement Acts bestowed a uniquely favourable position on Cement Limited, by granting a cement manufacturing licence to it in 1933 which ensured its monopoly status in cement manufacturing in the Republic to this day. It is clear that, from the inception of the Cement Act, the intention of the State was to assist in the creation of an efficient indigenous cement industry. It is also clear that Cement Limited was not to enjoy super normal profits as a result of its cement monopoly, which apparently was the case. CRH incorporated many companies and had a unique monopoly in the State.
In 1969 Roadstone took over Cement Limited and is now Cement Roadstone Holdings Limited. CRH went on to control the Irish market for industrial explosives, a key ingredient in the production of aggregates, by taking effective control of Irish Industrial Explosives, the monopoly producer and supplier of explosives in Ireland.
In the mid-1980s the Government again stepped in to enhance the dominant position of CRH by introducing the cement certification scheme. This scheme, although introduced by the Government, clearly breached the Treaty of Rome, as it had the effect of eliminating and-or preventing competition in the cement market, to the detriment of concrete producers and the public. The European Commission had established that this was a barrier to trade.
In 1991, CRH purchased Glen Ding through a secret sale of this reserve by the State. The price paid by CRH for the Glen Ding reserve and its freehold was a tiny fraction of its worth. CRH had an immensely dominant position in the market for aggregates. It should have been specifically excluded from purchasing Glen Ding, rather than being specifically favoured with its purchase.
In 1985 there was an agreement between CRH and the ESB for the purchase of PFA. The State, through the Competition Authority, permitted the signing of an agreement between CRH and the ESB which allowed CRH to purchase PFA – pulverised fuel ash – from the ESB. Logistically, this agreement has had the effect of exclusivity. PFA is a waste product produced by the ESB at Moneypoint, which can be used as a substitute for up to 35% of cement usage. Rather than ensuring the PFA was sold to independent concrete producers, where part of its cost savings could be passed on to consumers, CRH was favoured with being allowed to absorb what would normally have been a competing product. This was a fundamentally flawed decision on the part of the previous Competition Authority and gave a unique opportunity to CRH.
The issue of the Greencore quarries arose in 1996, when CRH, which already held an immensely dominant position in the market for aggregates in the State, was allowed to take over the sugar company quarries without any reference to the Competition Authority or declaration of its existing dominant position in the market for aggregates. The Barley Hill and Mount Nugent quarries also originally belonged to Irish Sugar but were sold to CRH in the early 1980s. When added to CRH's existing lime capacity at Trim, County Meath, and its subsequent takeover of Stoneford lime quarries in Duleek, County Meath, this gave CRH a virtual monopoly in the production of agricultural ground limestone in the Leinster region. This dominance in ground lime has spread throughout the Republic through an incessant policy of takeovers, both hidden and transparent, once again giving CRH a dominant position in yet another market.
It is important to have competition in every industry. There was an exclusive market in cement, which is a vastly profitable business, and small quarries were bought out because they could not get the aggregate ingredient to make cement. CRH has also secured a dominant or monopoly position in the Republic in the highly lucrative markets for superfines for fertilisers, animal feedstuffs, etc, mainly through the acquisition of Milverton Quarries, Skerries, in the 1980s and the recent acquisition of Castlemore Quarries in Cork. This market sector, although much smaller in terms of volume, is known to be one of the most lucrative divisions within the CRH group.
Dolomitic limestone is a scheduled mineral under the Minerals Development Act, 1940, and is quarried predominantly for ground limestone with State mining leases, and in the knowledge of the Geological Survey of Ireland and the exploration and mining division of the Department of the Marine and Natural Resources. There is currently one mining lease for dolomite-dolomitic limestone. This was obtained in 1969 by Pfizer Chemicals, which is now operated by CRH, which pays a royalty on material used in the high value fertiliser market only. CRH operates other similar reserves without a licence and, apparently, without a demand for royalties. This contrasts greatly with one independent operator we know who has been unfairly levied with massive royalty demands from the exploration and mining division.
The purpose of the Bill is to repeal the monopoly provided for in the Cement Acts, 1933 to 1962. CRH had a huge monopoly for a long time and dominated the market. It was a one family business throughout the State. There were acquisitions of title, but by and large the majority shareholder was CRH.
This legislation will encourage fair competition. If one company has a monopoly on the manufacture of aggregates, that is, the components to make cement, it will be a closed shop. No doubt it is an expensive business to develop, but the objective should be to introduce competition. In the new millennium there is unprecedented demand in the housing market and this will continue in the next five years. While we are all aware of the price of houses and the margin of profit of developers, we should be aware of the costs of production. The market is being manipulated by developers and suppliers to the trades. The consumers, that is, the young couple buying a home, are paying prices which are three and four times the cost of production. There is a cost of product and an operating margin of profit in any business, but whether it is cement or the provision of houses which follows on from that, it is unbelievable that people can make profits of 300% and 400%.
Since the foundation of the State the construction industry has been dominated by one major player in the cement business, that is, CRH. A new alliance of smaller players in the market has been formed and it is important they it should get assistance in order to be in a position to offer competition. It is in the interests of the consumer that the cartel, which was clearly evident from the manufacturer of cement down to the developer carrying out the work, is broken.
The continuation of a licensing regime is unnecessary and may have had the effect of discouraging or eliminating competition. There are two major players, but the Government is clearly establishing that it welcomes competition. If there are secret acquisitions being made or the larger player is buying out a smaller company, this is not seen in the public domain, although obviously the Companies Registration Office would be notified of the change of ownership. When a company has a limitless chequebook, it is hard for a smaller player to resist.
If there is a monopoly in any business, be it retailing or anything else, it is the consumer who will lose. The operation of free trade, which is not anti-competitive, is important. We all heard the debate about the grocery order. The Competition Authority found that the grocery order was anti-competitive. For an authority with few resources, it spent a huge amount of time analysing that market. If it had done a study on the cement market, I am quite certain it would have seen anomalies in the dominance of one major supplier in the trade.
Section 2 provides for the Short Title and the commencement of the Act. The Bill does not have any financial implications, but it is important that there is a level playing field and that people who are hoping to get into the market should be able to do so without having to go through rigorous dated legislation to acquire a licence to manufacture.
In 1969, Roadstone took over Cement Limited and became Cement Roadstone Holdings Limited. Explosives are a key ingredient in the production of aggregates and CRH took effective control of Irish Industrial Explosives. It is important that under the Bill the new companies coming into the market will have access to this monopolised market controlled by an existing company. A new company entering the market should have access to the ingredient dolomitic limestone. Companies should have access to the markets in aggregates and fertilisers also, and there should not be a monopoly in those markets.
The company has held a monopoly for 66 years. It is outrageous. The Acts bestowed a uniquely favourable position on Cement Limited by granting a cement manufacturing licence for that period. Cement Limited is still the only entity producing cement in the State. This would indicate the power of the company and the effectiveness of the Act. I am astonished that these Acts have not been amended before now, but I suppose it is better late than never. The legislation will be important in the future.
Last week I saw a case in Sligo where a house, which was £65,000 18 months ago, was sold for £125,000. The market has been affected by devel opers and property speculators. It is important that people should be aware of the cost of building a house. If a person is building a house of 2,500 sq. ft. or 3,000 sq. ft., the cost of product should be clear in order to establish the level of profits. Under the Insurance Bill, 1999, the level of commission must be included in a policy in order that people will see how much they are paying in commission. Likewise, it is important that a person buying a house can see clearly how much profit the developer has made. It should be easy to benchmark the level of profit which a developer has made on a given estate. That information should come into the public domain. People are becoming very selfish. They are not happy taking 25% or 30%; they want 200% or 300% profits. There was a monopoly in the cement industry and equally there is a cartel in the housing market in most counties. It is hard to change that. In most counties the housing market is controlled by three or four people. They were quite happy with the way it was. They could well afford to pay inflated prices, if that was the case, because the consumer was paying quadruple the price on purchasing that home.
We welcome competition. I am not an expert on the detail of this complex issue. It is very important that new companies enter the market and that those which are dominant in the market do not control supply totally. If CRH has a monopoly in the supply of components for making cement, new companies will find it very difficult to establish themselves.
I welcome this important Bill and I hope that ultimately the consumer will gain through a free and competitive market in terms of the supply of cement. There is no point in making developers richer by providing cheaper cement. It is very important that the beneficiaries will be those purchasing homes, but regrettably that is not the case. Last week a constituent came to my office who is paying £700 per month for rented accommodation. She looked at a home which would cost £110,000, but was unable to get a mortgage on her income. Some years ago repayments of £700 would have serviced a substantial mortgage. However, one must now pay between £1,100 and £1,200 per month to service a mortgage of £110,000 or £120,000. This is a clear problem. A new poor is emerging despite the economic boom.
Last week I spoke to an auctioneer who said his biggest problem was that when he tells a client who is looking for £100,000 for his house that he has found a buyer, the client says he will wait longer and asks the auctioneer to increase the price to £125,000. Everybody is going for the last pound. Despite the boom in the economy a vast number of people will not be able to afford a mortgage.
Repealing the cement enactments is very welcome because they guaranteed a monopoly to one dominant player in the market since 1933. I appeal to the Minister of State to ensure there is transparency in the market so that there is a defi nite price per square foot, be it £25 or £30, for each development. This must be benchmarked in future in terms of affordable housing.
In a very worthwhile initiative local authorities in each development are now costing the site and the houses and are assessing people whose incomes are under £20,000 to see if they can afford to buy such houses. Such an approach is very important in every development, not just in terms of local authority housing. Developers are getting richer and are making millions of pounds on the backs of building societies. Building societies are dishing out not only two and half but three times people's salaries. They are not even looking for P60s – all they are seeking is a certification of income on which any figure can be inserted. I know regulation is being introduced, and that is very important. Consumers are very anxious to get a mortgage and more often than not they will come up with the necessary documentation.
Interest rates are creeping upwards again. People are saying that interest rates are low, but regardless of interest rates people forget that the principal must be repaid and I think this is where the real problem will lie. Apart from interest people are paying huge amounts of their income repaying the principal and this is very much related to transparency in the market.
The Bill refers to cement and related concrete products, the major ingredients in house building. It is a vast industry and the competition being provided for will bring benefits, not only to other companies which in turn could become monopolies, but to our constituents who are hoping to buy homes. The Bill should not allow more people to make further millions of pounds. There should be transparency in the market in terms of the cost of product and the cost of building a house should be widely known. I am quite certain the Department can provide benchmarks in this regard. The Minister will introduce legislation whereby brokers will have to declare their commission, for example, of £25 on a car insurance policy, and it is very important that the net profit on developments is clearly evident and properly audited to see if it is justifiable. If excessive profits are made then developers should be taxed accordingly. This would help home purchasers.
I am glad to have had the opportunity to speak on the Bill and hope that the beneficiaries will be the consumers.