Dáil debates

Wednesday, 2 November 2005

2:35 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)

Given the importance of the national consumer agency, NCA, to the development of future consumer protection policy, it is vital that the legislation is framed to ensure the NCA has sufficient powers and functions to enable it to carry out its role as a forceful advocate on behalf of the consumer, as envisaged by the consumer strategy group. In addition to setting up the NCA, I will take the opportunity in the legislation to update the existing code of consumer protection law, some of which is more than 100 years old, as also recommended by the consumer strategy group. Furthermore, the legislation will seek to transpose the recently promulgated European directive on unfair business to consumer commercial practices, one of the most significant directives in the area of consumer protection, into national law.

Given the scope of the legislation, its preparation will take time. It is my expectation, however, that the legislation will be published in the latter half of next year and that the national consumer agency will be up and running early in 2007. In the meantime, I have appointed a board to the agency to act in an interim capacity. Since its appointment, it has been active in putting the consumer's case on issues such as the debate on the future of the groceries order. I am confident the interim board will continue to be a forceful advocate for consumers in ensuring their voices are heard.

With regard to the timescale for the appointment of a new chairperson of the Competition Authority, the Competition Act requires that the recruitment process be undertaken by the public appointments service. However, the vacancy has been advertised both nationally and internationally, and consultants, PricewaterhouseCoopers, have been engaged to carry out an executive search for suitable candidates. The Public Appointments Service is arranging for a high level board to conduct competitive interviews. However, in view of the high profile of this post and the worldwide scope of the executive search for suitably qualified candidates, it is unlikely an appointment will be made until 2006.

The Office of the Director of Consumer Affairs continues in existence until such time as it is incorporated into the new agency. The Director of Consumer Affairs continues to perform her enforcement functions to guarantee the protection of consumer rights. I understand she has been approached in regard to a possible appointment to another position. No decision has been made in this matter, however, and the question of appointing a successor does not therefore arise at this time. The Government is determined that policy in the areas of competition and consumer protection is robust and is fully developed to meet the needs of the modern marketplace and the modern consumer.

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