Willie Penrose (Longford-Westmeath, Labour)

I would object to the implementation of such an EU directive on a full harmonisation basis. It would impinge negatively on existing consumer rights. I accept that it is proposed to extend the withdrawal or cooling-off period for distance or off-premises contracts from seven to 14 days. That would be welcome. The proposal that risk would pass upon the delivery of a consumer sales contract would also enhance the rights of the consumer. We have to ensure it is balanced, however. As far as I can tell, the unfair contract terms set out in the directive are similar to our own. As the Minister of State suggested, the provisions of the consumer rights directive with regard to consumer remedies for faulty goods would impinge negatively on the right to reject or return faulty goods, get a refund and terminate the contract. That would be serious.

The sales law review group was established in November 2008. Has the Minister of State made a submission to the group to ensure important rights are retained? Has he made a recommendation to the observation group on the proposal to reduce the liability period from six years to two years? That would be an absolute disaster. What is the feeling at EU level? Are many other member states that have similar legislative protection in place for consumers showing sympathy with our position? Such protection will be eroded if this directive is implemented in full.

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