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Dáil
‹ Ceisteanna—Questions. Oral Answers. - Restrictive Practices Grocery Orders.

Prosecutions Under Grocery Order

Summary

The Minister said three cases had been referred for prosecution and that 16 complaints had been received; further cases were under examination. O’Toole challenged the timing and circumstances of the action, including whether it followed a High Court case, which the Minister denied.

andMr. Enright asked the Minister for Industry, Commerce and Tourism the number of prosecutions which were brought under section 5 paragraph 1 of the Restrictive Practices Grocery Order (No. 336 of 1978), and if he will make a statement on the matter.

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

I have referred three cases to the Chief State Solicitor's office for prosecution in respect of breaches of Article 5 (1) of the Restrictive Practices (Groceries) (Amendment) (No. 2) Order, 1978. I am informed that summonses are about to issue and the cases will be brought to court very shortly thereafter.

The Examiner of Restrictive Practices is charged under the Restrictive Practices Act, 1972 with responsibility for the monitoring of the operation of orders made under that Act. I am informed by the examiner that the operation of the provision relating to the advertising for sale of goods below net invoice price continues to be monitored and that, in fact, a substantial number of cases involving possible breaches of this article are being investigated. If any such cases are reported to me by the examiner, prosecution will be initiated without delay.

Comment on this

It is not a fact that dozens and possibly scores of cases were brought to the attention of the Department by the examiner and that it was as a result of the putting down of this question that action was taken in respect of the three cases where summonses were issued?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

There were not scores of such cases and it is not true to say that it was this question which initiated action.

Comment on this

When were these summonses issued?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

I have not that information.

Comment on this

Of course the Minister has not the information. The summonses were issued in the past few days.

Comment on this

How many complaints were received in the Department?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

Sixteen.

Comment on this

When does the Minister expect to act in relation to these cases?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

Action has already been taken in relation to three cases and we are awaiting further examination of the other cases before action can be taken.

Comment on this

Is it not a fact that it took a High Court action to press the Minister into taking action?

Comment on this
Ray Burke Mr. R. Burke Fianna Fáil

That is not a fact.

Comment on this

It is correct.

Comment on this