Dáil debates
Wednesday, 28 February 2007
Consumer Protection Bill 2007 [Seanad]: Second Stage (Resumed)
9:00 pm
Finian McGrath (Dublin North Central, Independent)
The Minister for Transport had 30 road projects which should have cost €932 million but ended by costing €2 billion. These projects were 86% over budget. This is what consumers talk about. They want value for their money. This money could have been used to end the patients on trolleys scandal forever, to build new schools, make a major dent in the housing lists, develop child care services or assist the elderly. These are crucial issues.
Section 8 of the Bill provides:
that the Agency shall have certain functions. The Section provides the Agency with a general function of promoting and protecting the interests and welfare of consumers and that it shall also be responsible for investigating, enforcing and encouraging compliance with consumer protection legislation including, where appropriate, referring cases involving possible indictable offences to the Director of Public Prosecutions.
The key phrase there is "the interests and welfare of consumers". The Independent Deputies will look after consumers and give value for money after the next election, no matter what people say in this debate.
I welcome the positive aspects of the legislation. Section 10 provides:
for membership of the Agency, its numbers, how they are to be appointed, paid, replaced, removed etc. The Section provides that the Agency shall consist of a chairperson and 12 ordinary members and that the CEO shall be a member of the Agency.
It is necessary to appoint a quality person as CEO of this agency, who will look after the interests and rights of consumers and operate the agency in a professional way.
Section 11 "provides that the Minister shall designate one member of the Agency as the chairperson and that the chairperson's term of office shall be 5 years". I welcome that as a sensible solution. A five year term is enough to deal with the situation. If somebody proves him or herself this could be considered in broader terms.
Section 41 "prohibits traders from engaging in commercial practices that mislead consumers". This is crucial because many people mislead consumers.
Section 43 prohibits:
commercial practices which would be likely to cause the average consumer to confuse a trader's product, trade name, trade mark or other distinguishing feature or mark with that of a competitor and to make a transactional decision that he or she would not otherwise make.
I welcome the opportunity to defend the rights of consumers and taxpayers. I have concerns about the financial implications of the Bill but I will waive those for the moment. The Bill is in the interests of the consumer and I welcome it.
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