Mr. Leo Bollins,
Clerk to the Joint Committee on Environment, Culture and the Gaeltacht
Houses of the Oireachtas Service
Leinster House
Kildare Street
Dublin 2
D02 XR20
RE:
Joint Committee on Environment, Culture and the Gaeltacht debate on the
Cemetery Management Bill 2013 – 17 November 2015
Dear Mr. Bollins,
I wish to refer to your invitation to address the Joint Committee on Environment, Culture and
the Gaeltacht on the policy issues arising from the Cemetery Management Bill 2013, which is
scheduled for 17 November 2015. As explained on the phone, I am unable to attend due to a
prior commitment in Bruxelles and thus thank you for the opportunity to make this written
submission.
The Bill provides that a Cemeteries Regulator be established by the Minister for
Environment, Community and Local Government, to provide for the licensing of cemetery
authorities and to specify management stipulations for such authorities, and to promote
competition.
Competition law enforcement is undertaken in Ireland by the Competition and Consumer
Protection Commission (CCPC) which was formed through the amalgamation of the
Competition Authority and the National Consumer Agency on 31 October 2014. Its mission
is to make markets work better for consumers and businesses. The CCPC is statutorily
independent in its functions and the Minister for Jobs, Enterprise and Innovation has no direct
role in these areas.
The CCPC has, amongst other functions, responsibility to carry out investigations into
suspected breaches of anti-competitive practices across all sectors of the economy. Their
work is conducted on prioritisation principles and it focuses on areas of greatest detriment.
Lárionad Earlsfort, Sráid Haiste Íochtarach, Baile Átha Cliath 2, Éire ● Earlsfort Centre, Lower Hatch Street, Dublin 2, Ireland
T: +353 1 631 2121 / 1890 220 222 ● F: +353 1 631 2553 ● www.djei.ie ● info@djei.ie
The CCPC did conduct an investigation into the Glasnevin Trust after it received a complaint
in relation to alleged anti-competitive practices contrary to the Competition Act 2002 and it
secured a number of remedial measures to mitigate anti-competitive practices and to bring
greater transparency to the sector. Details are publicly available on its website:www.ccpc.ie.
Thus, any future complaints of any alleged breaches of competition rules in this sector or
indeed any other sector can and should be referred to the CCPC for it to assess the matter as it
considers appropriate. In this Department’s view, legislating for another body to deal with
alleged breaches of competition rules in this sector would constitute a duplication of existing
State resources.
The Cemetery Management Bill 2013 also makes provisions for the licencing of cemetery
authorities. In this context, the Bill (at section 2(1)) gives a high-level indication of what the
licence should cover viz. owning, managing, operating or occupying a cemetery.
The powers and duties of local authorities in relation to burial grounds are derived, in the first
instance, from the Public Health (Ireland) Act 1878 as amended by the Local Government
(Sanitary Service) Act 1948 and the Local Government Act 1994, all within the remit of the
Department of Environment, Community and Local Government. This Department would
consider that this suite of legislation could be the starting point for any possible introduction
of licensing regimes and criteria for the sector, if such a licensing regime was proven to be
required.
If it is inferred that the CCPC should also have a role on this licensing or regulatory aspect
(due to its horizontal role in competition law enforcement or on foot of its investigation into
the Glasnevin Trust), this Department would not be in agreement with this proposal. The
CCPC has no regulatory role for any specific sector in which it has or has not carried out an
investigation into alleged breaches of competition law. Neither would this Department see
itself as having a role, as the regulation of cemeteries does not fall within the remit of this
Department but rather it falls within the remit of the Department of Environment, Community
and Local Government.
Yours sincerely,
_pp Colette Reilly___________
Kieran Grace
Principal
Competition & Consumer Policy Unit
Tel.:
+353.(0)1.631.26.76
FAX:
+353.(0)1.631.25.52
e-mail:
kieran.grace@djei.ie
LoCall no.:
1890 220222