Oireachtas Joint and Select Committees

Wednesday, 1 June 2022

Select Committee on Jobs, Enterprise and Innovation

Consumer Rights Bill 2022: Committee Stage

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank the Deputies for their contributions. They are preaching to the converted. My wife believes that I am the most frugal man to walk on shoe leathers. The Deputies are pushing an open door with me where the right to repair is concerned. I appreciate where they are coming from and I considered this amendment with an open mind when it was submitted. I would make the point that the right to repair is part of one of the remedies to be enshrined in this legislation.

As Deputy Sherlock has pre-empted, this amendment is problematic. That is because the sale of goods directive and the digital content directive are maximum harmonisation directives and, as such, I have no discretion in their implementation. The purpose of maximum harmonisation directives is to ensure consistency across the whole of the EU and no member state can introduce new rights in their transposition that would put us out of step with other member states.

I wish to inform my colleagues of something, though. They may already be aware of it but, if not, the European Commission's working party on consumer protection and information is considering a number of proposals to empower consumers to make sustainable consumption decisions. Once such proposal has a particular emphasis of promoting repair and reuse and will consider harmonising certain aspects of consumer law, promoting repair as the primary remedy for consumers. Another proposal under deliberation seeks to improve participation by consumers in the circular economy by providing better information on the durability and repairability of certain products. This involves introducing several requirements, including providing consumers with information on the existence and length of a producer's commercial guarantee of durability for all types of good or on the absence of guarantees in the case of energy-using goods; providing information on the availability of free software updates for all goods with digital elements; and providing information on the repairability of products for all types of good. This initiative also seeks to protect consumers against unfair commercial practices that prevent sustainable purchases, such as early obsolescence.

I would welcome further protection given to consumers around the repairability of electronic equipment and access to maintenance of said equipment.

My officials are actively participating in these working party discussions. However, as I said, because of the fact that it is a maximum harmonisation, I am advised that there is no discretion in the implementation.

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