COMPETITION (AMENDMENT) BILL 2016 (Text of Bill)
20 January 2016
COMPETITION (AMENDMENT) BILL 2016 (Text)
Wednesday 20th January, 2016
In the Seanad today, Senator Ivana Bacik proposed the Competition (Amendment) Bill 2016 on behalf of the Labour Party Senators, as a private members’ bill. Senator Aideen Hayden of Labour seconded the Bill. On behalf of the Government, Minister Richard Bruton did not oppose the bill, which passed Second Stage in the Seanad.
COMPETITION (AMENDMENT) BILL 2016 - TEXT OF BILL
An Act to delimit the application of the Competition Act 2002 to Trade Unions and
Trade Union Members and to certain agreements negotiated with public bodies, and to provide for related matters.
Be it enacted by the Oireachtas as follows:
Definition
1. In this Act, “public body” has the meaning assigned by section 2 of the Freedom of
Information Act 1997, as amended.
Application of section 4 of Competition Act 2002 to certain trade union members
2. (1) Where an individual engages for gain under a contract with an undertaking personally
to do any work or provide any services (whether work or services of a manual,
clerical, professional or vocational nature or otherwise and whether for the
undertaking that is party to the contract or for other persons)—
(a) a trade union of which that individual and other individuals so engaged are
members is deemed not to be an association of undertakings for the purposes of
section 4 of the Competition Act 2002, and
(b) the said section 4 does not apply to any agreement, decision or concerted practice
affecting the terms or conditions under which such work is done or services are
provided by two or more such individuals under similar contracts—
(i) with the same undertaking, or
(ii) with two or more different undertakings, that are members of an organisation
that is (or is part of an organisation that is) a social partner for the purposes
of the National Economic and Social Development Office Act 2006.
(2) Nothing in subsection (1) prevents the application of the said section 4 to agreements,
decisions or concerted practices affecting the terms or conditions under which work is
done or services are provided to persons contracting outside the course of their
business.
(3) In subsection (1)—
(a) “trade union” means a trade union which is the holder of a negotiation licence under Part II of the Trade Union Act 1941,
(b) “undertaking” includes any public body.
Application of section 4 of Competition Act 2002 to certain collective agreements relating to services provided out of public funds
3. (1) This section applies to a scheme, whether under an enactment or otherwise, for
payments out of public funds by a public body to members of a profession in
consideration for the provision of services to members of the public or to a class of
members of the public.
(2) Where the Government makes a declaration under this subsection that there is, in
relation to a scheme to which this section applies, a public interest in negotiating a
collective agreement between the public body concerned and an organisation that is
representative of the profession concerned, providing for the terms and 15 conditions
under which the services are to be provided—
(a) the representative organisation concerned is deemed not to be an association of
undertakings, for the purposes of section 4 of the Competition Act 2002, and
(b) the said section 4 does not apply to the collective agreement.
(3) Nothing in subsection (2) prevents the application of section 4 to agreements,
decisions or concerted practices affecting the terms or conditions under which
services are provided otherwise than under and for the purposes of the collective
agreement concerned.
(4) A declaration made by the Government under subsection (2)—
(a) does not have effect until it is approved by resolutions passed by each House of
the Oireachtas,
(b) applies to negotiations for amendments to or replacements of a collective
agreement,
(c) continues in effect until it is annulled by resolution passed by either House of the
Oireachtas.
(5) (a) In this section, “profession” includes trade, vocation and other occupation.
(b) For the purposes of this section, it is immaterial whether members of a profession
provide services as sole traders or as members or employees of partnerships or
corporate bodies.
Short title, collective citation and construction
4. (1) This Act may be cited as the Competition (Amendment) Act 2016.
(2) This Act and the Competition Act 2002 may be cited together as the Competition Acts
2002 and 2016 and shall be construed together as one Act.