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Dáil Éireann díospóireacht -
Wednesday, 30 Jan 2002

Vol. 547 No. 1

Written Answers. - Competition Authority.

John Bruton

Ceist:

101 Mr. J. Bruton asked the Tánaiste and Minister for Enterprise, Trade and Employment if, in respect of the proposed Competition Authority study of the professions, such a generic study was undertaken or proposed to or by the authority or its predecessor in the past 30 years; and the outcome of such studies. [1361/02]

I understand from the Competition Authority that the only generic study into the professions of which it is aware, which would be comparable to the study being undertaken by the authority, was a study requested in April 1984 by the then Minister for Industry, Trade, Commerce and Tourism. That study was requested from the Restrictive Practices Commission under section 12 of the Restrictive Practices Act, 1972, into the rendering of certain professional and analogous services, with particular reference to the effect on the public interest of barriers to entrance to the profession or occupation with particular regard to the institutional, including statutory, structures within which the relevant profession or occupation is carried on; prohibitions, including statutory prohibitions, on the provision of such services by persons who are not members of such a profession or by persons who are not recognised as being qualified to engage in such an occupation; restrictions on advertising; concerted fixing of fees or charges; and any other practice which tends to restrict competition between members of a profession or between members of such a profession and other persons who could be regarded as capable of providing an equivalent service or between persons carrying on such an occupation.

Arising from that study four reports were published, the Report of Study into Concerted Fixing of Fees and Restrictions on Advertising in the Accountancy Profession – 1987; the Report of Study into Concerted Fixing of Fees and Restrictions on Advertising in the Engineering Profession – 1987; the Report of Study into Restrictive Practices in the Legal Profession – 1990; and the Report of Study of the Professions of Architects, Surveyors, Auctioneers and Valuers – 1990.

Each of these reports contained detailed analysis and recommendations relating to the professions concerned and it would not be possible in the time available to specify the particular outcomes of all of the recommendations over the period since the reports were published. It can be said, however, that the work of the Restrictive Practices Commission in relation to the professions contributed to increasing public awareness of the scope and effects of restrictive practices in professions generally and this has helped to bring about many useful changes for the benefit of the public.

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