Leo Varadkar (Dublin West, Fine Gael)

I am a little taken aback by the Minister's reply. It was not what I expected and I imagine it was not what the Minister expected when the legislation was going through the House.

I have a very strong objection to credit card surcharges. Lots of retailers do not impose them. One can go to Brown Thomas and buy a suit for €1,000 and one will not be charged extra for using one's credit card. In fact, one will be given a discount if one uses Mastercard. Some retailers, particularly in the travel and airline industries, are imposing this unacceptable surcharge of 3% or more. Ticketmaster charges for credit card payments. NTL is doing something similar with debit. If their customers do not agree to pay by direct debit, they are charged more.

It was my understanding that when the Consumer Protection Act became law last year, such practices could become illegal. It appears from the Minister's reply that this is not the case because the relevant sections are in contravention of European law. If that is the case, then the Minister obviously cannot commence sections 48 and 49. When the legislation was originally drafted, was this not anticipated? When the Consumer Protection Bill was going through the House, why did the Minister not ensure that it was consistent with European law? That would have been a pretty obvious and basic step for the Minister and his Department to take.

Is there potential for a way around this problem? Can we amend the Act or introduce new legislation that would allow the Minister to ban the aforementioned practice. If the current legislation is inadequate, could alternative legislation be brought before the House? The Minister would have my party's co-operation in passing any such legislation very quickly, if possible.

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