Eamon Ryan (Dublin South, Green Party)

I welcome the opportunity to speak on the Bill, which I generally support. There is widespread agreement in the House on the need to have strong structures in place to protect consumers from unscrupulous practices and to provide a framework for the protection of consumer rights so as to obviate the need for consumers to go the legal route, which is an expensive, stressful and in many ways unsatisfactory means of resolving some of the consumer issues people experience on a day-to-day basis.

The Bill has room for improvement and we will attempt to introduce this on later Stages of the Bill. I would be interested to hear the Minister's thoughts on the issue of Internet retailing at a later stage. This is the fastest growth area in retailing. What would be the powers of the agency vis-À-vis businesses that operate in this area, given its international nature? It is a difficult area to police in terms of seeking legal redress, given the limited mechanisms that can be introduced by a national agency to deal with an entity trading on the Internet. This is an area we need to amend and improve to ensure legislation is up to speed with the extent of change that is rapidly occurring.

Deputy Boyle has spoken generally on the Bill so I will address specific points. One of the concerns I have is with the extent of overlap that may exist between different State agencies involved in the broad remit of consumer protection. As my party's spokesperson on communications, marine and natural resources, it is interesting that we are currently debating a Communications Regulation (Amendment) Bill which gives significant powers to ComReg — the communications regulator — similar to those enjoyed by the Competition Authority. In a sense, they are similar to the powers set out in the Bill, given that they aim, on behalf of the consumer, to ensure there is not unfair pricing, unfair billing nor improper use of market dominance to the consumer's disadvantage.

I accept the Bill sets out a provision enabling the Minister to direct the agency to work with other State bodies. However, in the area of telecommunications, which is one of large consumer expenditure, there is much concern about difficulties over the purchase of ringtones, for example. Internet shopping is related to the role of ComReg in communications. There is an overlap between the Competition Authority, the new powers given to ComReg and the powers outlined in this Bill. It is unclear which takes precedence or how each is intended to work with the other. Perhaps this could be set out more clearly to ensure the most effective use of resources.

I expect Deputy Boyle referred to the means by which we are setting up such new bodies, in terms of ministerial appointment on the basis of expertise criteria that are difficult to assess. There is genuine concern on this side of the House on this matter. In the past five years in which I have been a Member of the House, much of the legislation that has been introduced involved a Minister setting up various boards, which are expensive structures. It is also remarkable the number of people over which the Minister has the power of appointment, often on a voluntary or part-time basis. The Minister may say it is easy for me to say this on the Opposition benches but it is a genuine concern based on a desire to see the most effective agencies rather than a political point scoring exercise.

Perhaps we would be better off appointing agencies or boards on a similar basis to that on which we employ senior civil servants or members of local authorities. Perhaps a separate commission is required which would assess candidates and ensure there is a balance of expertise and skills. This is not to criticise the Minister in question. However, the continued use of ministerial appointments is open to criticism of political patronage and is not necessarily in the long-term interests of any agency being established.

I am conscious of time and the fact other speakers are sharing my time. In general, I am in favour of the Bill. My party will not hinder its progress through the Dáil. I hope the legislation will be passed and the agency which is already up and functioning will use the powers which have been assigned to it to good effect on behalf of consumers.

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