Oireachtas Joint and Select Committees

Wednesday, 1 June 2022

Select Committee on Jobs, Enterprise and Innovation

Consumer Rights Bill 2022: Committee Stage

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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I sometimes feel – I would have been accused of this in the past as a Minister of State – that we are perhaps hiding behind EU rules. However, I think there is an opportunity within the amendment not to fall foul of EU rules, because we are merely giving an additional right to the consumer to have that which they have purchased in good faith to be repaired. The amendment describes a particular element. It reads: "In relation to equipment with an electronic security lock or other security-related function, the manufacturer shall make available to the owner and to independent repair providers, on fair and reasonable terms and through secure data release systems where appropriate, any special documents, tools or parts needed to disable the lock or function, and to reset it, for the purposes of diagnosis, maintenance or repair of the equipment."

I do not see how that is injurious to the rights of the manufacturer in terms of fair competition rules from an EU point of view or maximum harmonisation rules. Again, I know the Minister of State is frankly not of a mind to accept the amendment. If I understand the Minister of State correctly, he is sympathetic to what the amendment seeks to do. However, at a time when we are talking about the circular economy - there is legislation before us on that very issue - I think people are just absolutely fed up with the idea of built-in obsolescence. I think we have crossed the Rubicon of people’s patience around it. This amendment, in its own small way, seeks to push back against this rampant consumerism. The Minister of State said he will repair and fix shoe leather and I am of a similar mind. There is a strong movement around people not necessarily wanting the best, new or shiniest, but wanting to repair, reuse and recycle. Longevity is a key thing now in terms of products that we purchase.

I will withdraw the amendment. However, I seek to submit it again or have it revisited on Report Stage.