Oireachtas Joint and Select Committees

Wednesday, 13 October 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

General Scheme of the Consumer Rights Bill 2021: Discussion

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein) | Oireachtas source

I welcome members participating in today's meeting in line with the exceptional circumstances we have experienced due to Covid-19. Members and all those in attendance are asked to exercise personal responsibility in protecting themselves and others from the risk of contracting Covid-19. They are strongly advised to practise good hand hygiene and those attending the committee room will note that every second seat has been removed from use in order to facilitate social distancing. I urge those attending not to move any chair from its position and they should also maintain an appropriate level of social distance before and after the meeting. Masks should be worn at all times during the meeting, except when speaking. I ask for everyone's full co-operation on this. Any member participating in the meeting remotely is required to participate from within the Leinster House complex. Apologies have been received from Senator Paul Gavan.

Today we will give pre-legislative scrutiny to the general scheme of the consumer rights Bill 2021, which aims to give effect to two EU directives on the sale of goods and the supply of digital content and services. It would give effect to part of a third EU directive and update and consolidate existing legislation on consumer rights and remedies. It would strengthen the enforcement powers of the Competition and Consumer Protection Commission.

The consolidation of legislation provided for aims to give a legislative framework that is more up to date and serves consumers and businesses better. To explain the provisions of the general scheme and explain the proposed Bill in detail I welcome from the Department of Enterprise, Trade and Employment our witnesses, who are participating remotely. They are Ms Clare McNamara, Ms Emily de Grae, Ms Marie Dempsey and Ms Emma Hanrahan. Before beginning I will notify the witnesses about parliamentary privilege and explain some limitations to that privilege in the practice of the Houses in regard to references that might be made to other persons in evidence. The evidence of witnesses physically present or who give evidence from within the parliamentary precincts is protected pursuant to both the Constitution and statute by absolute privilege. However, today's witnesses are giving their evidence remotely from a place outside the parliamentary precincts and, as such, may not benefit from the same level of immunity from legal proceedings as witnesses who are physically present. Witnesses have already been advised that they may think it appropriate to take legal advice on this matter.

Witnesses are again reminded of the long-standing parliamentary practice that they should not criticise or make charges against any person or entity, by name or in such a way as to make him, her or it identifiable, or otherwise engage in speech that may be regarded as damaging to the good name of the person or entity. Therefore, if their statements are potentially defamatory regarding an identifiable person or entity, they will be directed to discontinue their remarks. It is imperative they comply with any such direction.

The opening statement from the Department has been circulated to members and in commencing our consideration of the matter, I invite Ms McNamara to make opening remarks on behalf of the Department.

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