Billy Kelleher (Cork North Central, Fianna Fail)

The proposal for a consumer rights directive was published in October 2008. The directive has been drafted on a full harmonisation basis. If that is retained, it will preclude member states from going beyond its protection in national legislation. Although some provisions of the proposed directive would strengthen consumer rights in Ireland, others would have a less positive effect. Concerns about the proposal's impact on Irish consumer rights centre mainly on its provisions on consumer remedies for faulty goods. As the Deputy's question suggests, it would have particular implications for what is known as the right to reject - the right to return faulty goods, obtain a refund of the price and terminate the contract. A fully harmonised provision along the lines proposed in the draft directive would, if adopted, mean that the right to reject would be a remedy of second rather than first resort for faulty goods.

I assure the Deputy that my officials have expressed reservations about relevant aspects of the proposed directive in clear and forthright terms. Such concerns were restated at political level at meetings of the Competitiveness Council in December 2009 and May 2010. I raised our concerns directly with Vice-President Reding, who has responsibility for this proposal, when I met her at the most recent meeting of the Competitiveness Council. It is important to recognise that discussions on the proposed directive have a considerable way to go at official and ministerial levels and in the European Parliament. The European Parliament committee on the internal market and consumer protection is considering the proposal which is expected to have a first reading in the Parliament before the end of the year. I remind the House that this is a draft proposal, as opposed to an EU directive.

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