Tony Killeen (Clare, Fianna Fail)

I will not name anybody. In any event, he indicated that in view of the fact that somebody else was prepared to deliver the goods immediately he would vote for them. In the excitement of the election campaign I forgot all about it until about six months later when I was back at the petrol station and the same fellow was filling a car with diesel. He told me that I was right, that it cannot be done in six months, but that was no good to me in the short term, no more than it is instructive that the problem highlighted by Fine Gael has short-term political advantages. I acknowledge there is a major job to be done in respect of consumer protection, and the Government is committed to doing that.

Consumers, many of whom enjoy increased spending power in an expanding economy, want to be sure that they are paying a fair price and getting value for money for the goods and services they purchase. Such things matter not only to consumers but are critical in ensuring that our economy remains competitive. The modern consumer operates under increasing time pressures in a fast-moving world and is sometimes faced with an ever-expanding choice of product from a vast array of retailers, some of whom they never see or meet face to face by virtue of the possibilities opened up by on-line shopping. In other circumstances, the consumer is frustrated when confronted by a single service provider offering little or no choice and a take it or leave it approach to doing business. There are many vulnerable consumers in society who deserve protection by law from the predatory instincts of a minority of traders who seek to profit from that vulnerability.

The most effective way to positively impact on price levels in the interests of ordinary consumers is to facilitate effective competition, and however unfashionable it may have become to say it, where choice exists the consumer can benefit and at the same time influence both price and business practices by exercising that choice in an informed manner.

Exercising choice, however, is only part of the equation. It is the responsibility of the regulatory framework to protect the consumer in circumstances where choice does not exist or cannot be exercised or where, for example, the choice is misrepresented or the consumer is otherwise misled by an unscrupulous trader. Where choice does not exist, we must ensure a regulatory regime that guarantees fair competition and allows others into the market to provide the choice that customers want and deserve.

Consumers must have access to fair and impartial information that allows them to exercise their choice in an informed manner. There must be in place a comprehensive and easily understood body of consumer protection law. I do not believe it will be possible to put that in place in the political context. Consumers must know their rights and they must have easy access to redress when those rights are denied. There has to be an adequate sanctions regime against unscrupulous traders who break the law and take consumers for granted. It is not sufficient to focus only on the national picture. We must also have regard to EU and worldwide developments so that we play our part in protecting and informing our consumers wherever and however they shop.

Consumers of their nature are a disparate group. We are all consumers in one way or another but we rarely act in cohort and are rarely seen as an effective lobby when it comes to influencing decision makers. That has to change. Consumers should be given a voice and a means by which that voice can be heard. Consumers should have the power and influence to impact on decision making across the entire spectrum of society. In particular, consumers must be given the opportunity to influence law-making in Ireland. There is a huge responsibility and obligation on the shoulders of business who must learn to value a satisfied customer and understand that giving value for money makes good business sense. Customers who have not got value for money will not return or encourage others to do so.

The Government is tackling the consumer agenda on all these fronts. Legislation is in place which ensures that clear price information is provided for consumers prior to making a decision to purchase goods. Traders who do not display prices in the required manner are liable to prosecution. We have reviewed the level of fines for breaches of consumer legislation and, as the Minister informed the Seanad last week, he will shortly introduce legislation to update these and bring them into line with the demands of a modern economy. That is something Deputy Hogan's Bill sets out to do.

The Department is engaged in a comprehensive review aimed at the consolidation of all existing consumer protection legislation, which is spread across a large number of statutes. This is a major project overseen by a steering group that includes representation from the Attorney General's office.

The Competition Authority has the resources and autonomy to investigate the reasons for price levels which do not seem justifiable and report publicly on its findings. The authority is conducting studies of the banking and insurance sectors as well as the market for professional services. I expect these studies to be completed shortly. The authority has the necessary powers to investigate price fixing and other anti-competitive practices. Our priority is to ensure the removal of unwarranted restrictions on competition in all sectors of the economy.

Ireland is also participating in international developments aimed at protecting consumer interests. In May this year the Tánaiste chaired the European Competitiveness Council, which reached political agreement on the proposal for a directive on unfair commercial practices and confirmed the European Parliament's agreement on the regulation on consumer protection co-operation. The Council also noted the report of the Irish Presidency's successful conference on Building Consumer Confidence in the European Online Marketplace held in Dublin Castle on European Consumer Day, 15 March.

The regulation on consumer protection co-operation due to come into force in October 2006 is a new law which will remove barriers to information exchange and co-operation between national consumer enforcement authorities. It will empower the Office of the Director of Consumer Affairs and other enforcement bodies to seek and obtain action from their counterparts in other member states on behalf of Irish consumers.

I mentioned our domestic review of consumer law. This project will dovetail with the implementation of the unfair commercial practices directive, a broad ranging European Union initiative which seeks to establish a single, common, general prohibition of unfair commercial practices distorting consumers' economic behaviour across the EU.

The Government is also determined to ensure consumer law keeps pace with the rapid rate of economic development, new trading mechanisms and new behavioural trends. Key to this is the work of the consumer strategy group established last March to advise on the development of a national consumer policy. The terms of reference of the group are sufficiently broad to allow it to comment and make recommendations on any aspect of the consumer agenda. Its work constitutes the most radical and comprehensive review of consumer policy ever undertaken.

The group has focused on the key principles guiding the consumer agenda, namely, access, safeguards, advice and support, redress, consumer power, and business and the consumer. A public consultation on consumer issues was held and individual consumers, representative organisations, businesses and other interested parties were invited to contact the group with views and submissions by 9 July. In the performance of its role the group is also carrying out a range of activities, including studies, which investigate issues of special concern. These studies are intended to identify areas in which policy intervention could lead to improved consumer access, choice and redress.

I expect the group's recommendations to form the basis of national consumer policy over the coming years and look forward to receiving its final report, which is due to be provided to the Minister for Enterprise, Trade and Employment, Deputy Martin, at the end of the year. The report and recommendations of the consumer strategy group will be considered once they are received early in the new year. Without prejudging the report, it is the Minister's intention to bring forward at an early date proposals for the development of a national consumer policy based on the report and recommendations of the group.

In circumstances in which an expert group is about to produce a report in which the experience of other countries in implementing consumer policy is being taken into account, it is clearly inappropriate and premature to introduce legislation in this area. With the greatest respect to Deputy Hogan, the legislation before us does not have the benefit of the wide-ranging consultations undertaken by the consumer strategy group this year.

The main aim of the Consumer Rights Enforcer Bill 2004 is to establish an independent consumer rights enforcer, a stand-alone office with its own staff and budget. I am interested in the proposed procedure for the appointment of the enforcer who, I understand, would be recommended by the Oireachtas and appointed by the Minister.

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