Written answers

Tuesday, 17 December 2019

Department of Jobs, Enterprise and Innovation

Consumer Protection

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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307. To ask the Minister for Jobs, Enterprise and Innovation the position in the EU legislative process with regard to proposals for the European Commission new deal for consumers (details supplied); the proposals regarding a collective redress tool that will require member states to change national laws to make it possible for a qualified entity such as a consumer organisation to seek redress such as compensation, replacement or repair on behalf of a group of consumers that have been harmed by an illegal commercial practice; and if she has consulted consumer advocacy groups here on the proposals. [53282/19]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The “New Deal for Consumers” was launched by the Commission on the 11th April 2018 and aims to facilitate coordination and effective action from national consumer authorities at EU level and reinforce public enforcement action and better protection of consumer rights.  The “New Deal for Consumers” package is composed of proposals for two new draft Directives, one of which is the Representative Actions Directive.

This proposal aims to improve tools for stopping illegal practices and facilitating redress for consumers where many of them are victims of the same infringement of their rights, in a mass harm situation committed by traders.  The Department carried out a public consultation on the proposed Directive in May 2018.

A general agreement on this Directive has now been reached and on the 28th November 2019 the Competitiveness Council approved the general approach and a mandate to allow for negotiations with the European Parliament to commence. It is envisaged that political agreement on this draft Directive will be reached in the first half of 2020.

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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308. To ask the Minister for Jobs, Enterprise and Innovation the consumer protections in place that require a customer to be given a receipt after making a purchase. [53283/19]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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There is no provision of general application in current consumer protection legislation requiring a customer to be given a receipt after making a purchase. In the case of contracts concluded away from the business premises of a trader, the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (S.I. No 484/2013) require the trader to provide a range of information to the consumer, including information on the trader's identity and address and on the main characteristics of the goods or services. This information must be provided on paper or, if the consumer agrees, on another durable medium such as an e-mail. A trader who concludes an off-premises contract with a consumer must also provide the consumer with a copy of the signed contract or with confirmation of the contract either on paper or, if the consumer agrees, on another durable medium. In the case of online and other distance contracts, the 2013 Regulations require a trader who concludes such a contract with a consumer to provide the consumer with confirmation of the concluded contract on a durable medium such as paper or e-mail. As the provision of a copy or confirmation of the contract on a durable medium can constitute proof of purchase for consumers; they serve the same purpose as a receipt. 

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