James Lawless (Kildare North, Fianna Fail) | Oireachtas source

I thank the Minister of State for introducing this Bill to the House. Fianna Fáil supports the general principles of the Hallmarking (Amendment) Bill 2016 and its passage to the next Stage and looks forward to further engagement on it with the Minister, including any amendments that may be required.

Hallmarking is essentially a quality assurance measure designed to give comfort to purchasers of valuable items, usually jewellery, that they consist of what they are supposed to consist of in terms of the precious minerals within. The addition in the Bill of the category of palladium in the definition of precious metals appears sensible. This is an emerging trend in jewellery, I am told and so it is right that it would have the same protection gold, silver and platinum have enjoyed to date.

During debate on the mining Bill in the House some weeks ago we heard of how earth minerals are now emerging from zinc and ore deposits which were not previously thought to be valuable. Consumer electronics are extremely valuable. It is always the way that technology and science makes progress and as such more minerals and more metals are added to various lists of value, in this case palladium. Measures to extend the assaying and hallmarking of such metals to offices outside the State are, as outlined by the Minister of State, a key part of this Bill. The Minister of State referred in her speech to the governance and operation of those offices. It is important that when we are outsourcing, or in this case enabling a remote operation of Irish equality assurance, that we regulate stringently and ensure that that offshore office is held to the same degree of standards, governance and integrity as an onshore office. I ask that the Minister of State and the Department officials bear that in mind. Acknowledging that the Minister of State already mentioned the many checks and balances in place in that regard. That said, this appears to be a sensible measure.

The measures to strengthen the regulation of hallmarking benefit consumers in that they provide a level of quality assurance and confidence. It is important that we have such a mark, which is undetectable to the human eye, to protect people who propose to engage in the purchase or sale of such items. There are new offences created in this Bill in relation to forgery. The Bill also provides for prosecution in that regard by changing the definition of such offences. In other words, there is a change in those offences to require proof of knowledge or belief that the mark was a forged hallmark rather than the previous burden of proof which was slightly more difficult to prove in a court of law or to prosecute. Again, that will be of benefit to the industry and consumers in general.

Notwithstanding that Fianna Fáil will be supporting this Bill as it progresses through the Houses, I would like to flag one area of concern. Like other Deputies I have received correspondence on this Bill. The Minister of State mentioned that there was detailed consultation on this matter throughout the EU because this is a technical measure and such was required. I do not believe anything major arose in that regard. As I said, I have received correspondence from the industry to the effect that the primary representative organisations domestically, including the Irish Jewellers Association, the Federation of Jewellery Manufacturers of Ireland and Retail Jewellers of Ireland, were not consulted. While they have not flagged any specific concerns in relation to the Bill they have expressed concern that they have not been consulted on it. Perhaps the Minister of State would advise what level of engagement took place and if no such engagement has taken place to date, perhaps it could take place before we move to Committee Stage to allow the industry an opportunity to raise any concerns it might have, which could be addressed by way of amendment with the agreement of all parties.

As the Minister of State mentioned the Bill provides for repeal of various statutes, as is always the case when legislation of this type is being introduced. I note the standards in this area vary slightly across the EU. Some EU states do not have an independent hallmarking body and others do. It makes sense to me that we would have such a body and that it be managed by the Department and the State and the correct standards applied. This is a niche area. If we are setting out a point of reference on which a value will hinge it is important that that practice be tightly and stringently regulated to ensure the types of offences mentioned earlier do not occur.

As I said, Fianna Fáil is supportive of this Bill. It marks progress in this area and is welcomed by this side of the House. I look forward to further engagement on it as it progresses through the Houses. I again ask the Minister of State to ensure there is consultation with the industry, if such consultation has not already taken place.

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