Dáil Éireann Debate, Tuesday - 6 December 2005
97 Mr. Morgan asked the Minister for Enterprise, Trade and Employment when action will be taken to address the unacceptable situation whereby competition law is being mischievously used by the Competition Authority to attack the rights of certain workers, in particular actors, musicians, film crews and freelance journalists to be collectively represented. [37910/05]
Amharc ar fhreagra105 Mr. Crowe asked the Minister for Enterprise, Trade and Employment his views on whether there is a conflict of interest within his Department where at present the Competition Authority, which is attacking the rights of certain workers, in particular actors, musicians, film crews and freelance journalists to be collectively represented, falls under the aegis of his Department while his Department also has responsibility for workers rights. [37917/05]
Amharc ar fhreagra110 Mr. Wall asked the Minister for Enterprise, Trade and Employment his views on an amendment to the Competition Act 2002 to reinstate the right of self-employed actors to be members of and be represented by a trade union in pursuit of improved pay and conditions; and if he will make a statement on the matter. [37899/05]
Amharc ar fhreagraI propose to take Questions Nos. 97, 105 and 110 together.
The purpose of competition law is to prohibit anti-competitive practices by "undertakings" such as price fixing and-or the abuse of a dominant position. The Competition Act 2002 applies to all sectors of the economy in the State. An "undertaking" is defined in the Act as "a person being an individual, a body corporate or an unincorporated body of persons engaged for gain in the production, supply, or distribution of goods or the provision of a service". This definition has been in use in Irish competition law for some time and is supported by EU case law.
The authority's decision, which describes how it came to its view on this case, is published on its website, tca.ie. It states that while it is perfectly legal for Equity to represent employed actors in collective bargaining with their employers, its trade union mantle cannot exempt its conduct when it acts as a trade association for self-employed contractors. In this case the authority determined that the actors in question were self-employed contractors and not employees.
In considering the question of whether an exemption from competition law should be provided for actors, musicians, film crews and freelance journalists, therefore, we need to bear in mind that a similar argument could be made for almost any group of self-employed contractors, such as barristers, publicans, doctors or pharmacists, who, by coming together, adding union to their name and getting a negotiating licence, could circumvent the protections afforded to consumers by the Oireachtas in the Competition Act.
I understand, however, that the view expressed by the Competition Authority was in respect of this particular case only. The parties to the investigation have entered into undertakings with the authority in settlement of the case, thereby avoiding the necessity of going to court. It is only the courts who can interpret the law. I have no plans to amend current legislation in this matter.
