I move amendment No. 11:
In page 4, between lines 18 and 19, to insert the following subsection:
"(3) The Authority shall, at the request of the Courts, provide such advice, including specialist economic advice, as required, during the hearing of a case under the Principal Act.".
This amendment requests that the Authority, at the request of the courts, would provide advice as required during the hearing of a case. The courts can request such advice, when there would be no right of refusal on the part of the Authority. Therefore, there is no need for such a provision. The Competition Authority will always be available to the courts should it be requested to present.
Is the Minister's explanation accepted?
As this is a complex, very specialist area, will the Minister say what advice will be made available to the courts?
The courts have the option of calling the Authority. As I understand it, a court itself also has the option of appointing an assessor to sit with the judge to advise on issues of complexity. By and large the Competition Authority should be available but I do not see the necessity for this type of amendment.
The Minister referred to the appointment of an assessor. Who would have the right to appoint an assessor?
The court itself.
Would he be a specialist in that area?
Yes, the court would select someone to assist in that manner.
