Three gardai appointed to Competition Authority

The Cabinet has approved the appointment of three garda∅ to work full-time for the Competition Authority.

The Cabinet has approved the appointment of three garda∅ to work full-time for the Competition Authority.

The development is seen as significant within the authority, which yesterday admitted to being "barely operational" early last year after a spate of resignations.

It has sought the direct involvement of garda∅ when investigating alleged criminal cartels since 1999. A detective sergeant and two detectives will be appointed later this year, though the authority's chairman, Dr John Fingleton said certain details were not yet finalised.

In his first annual report as chairman, Dr Fingleton said a "trend of staff departures" seriously compromised the authority's ability to carry out its statutory functions.

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"Many of the notifications, advocacy papers and outstanding proceedings initiated by the authority were also delayed."

The authority investigates allegations of price-fixing and other anti-competitive behaviour.

At the end of last year, it had 340 "case files" on its books, more than at the end of any other year since the 1996 Competition Act was enacted. Some 251 files were opened last year, up from 160 in 1999. The authority closed only 64 files in 2000, compared with 101 a year earlier.

It attributed this reduction to high staff turnover. "The resultant vacancies did however impact particularly hard on the authority's enforcement activities as many of the staff who left last year had been working on enforcement investigations.

"Indeed for a number of months during the year, complainants were advised that, due to resource difficulties, the authority was unable to initiate immediately an investigation of their complaints and advised them of their own right of private action."

Of the authority's 25 staff on December 31st, 17 had joined during 2000.

Dr Fingleton said five people had held one position of legal adviser last year.

However, he said the situation had stabilised after the Tβnaiste, Ms Harney, sanctioned five additional posts in May last year.

The authority's priority this year was to provide training for new staff. It hoped to make 15 new appointments later this year, including the three garda∅.

Dr Fingleton would not comment when asked the status of two cases which were referred by the authority to the Director of Public Prosecutions in 1999.

Because it is for the authority to prepare a book of evidence in such cases, it is thought the staff shortage last year delayed that process.

The authority last year secured a criminal prosecution, the first since its establishment in 1991.

Estuary Fuels was prosecuted in Limerick District Court last October after pleading guilty to charges of entering and implementing an agreement to fix prices. Judge Tom O'Donnell imposed two £500 (€635) fines on the company.

Dr Fingleton would not comment when asked whether further cases were imminent.

However, the annual report said it anticipated that "several" outstanding cases would be determined in the courts this year.

Arthur Beesley

Arthur Beesley

Arthur Beesley is Current Affairs Editor of The Irish Times