Dáil debates

Thursday, 14 February 2019

Consumer Protection (Gift Vouchers) Bill 2018 [Seanad]: Second Stage (Resumed)

 

3:50 pm

Photo of Pat BreenPat Breen (Clare, Fine Gael) | Oireachtas source

I thank all Deputies who contributed to the debate. The Minister welcomes the broad support for the Bill. She has also considered carefully all the points raised in the debate.

The Bill deals with an issue of considerable importance for consumer welfare and businesses which provides goods or services to consumers. It is clear consumers deserve greater protection with gift vouchers. Following this debate, it is clear there is wide support for introducing a longer expiry date which will benefit all gift voucher holders, a point made by Deputy Butler. It is equally important consumers are protected against unfair and anti-consumer practices which require the consumer to fully use the value of the voucher in one transaction, as well as the restrictions put in place by certain businesses regarding the name of the recipient.

Deputy Quinlivan referred to fees. While the Minister remains strongly in favour of the regulation of gift voucher fees, a legal issue emerged during the course of drafting the Bill regarding the power proposed for the Minister for Business, Enterprise and Innovation to make regulations fixing these fees. The issue related to possible encroachment of the regulatory regime for electronic money products. The office of the Attorney General did not consider, however, that this issue affected the Bill’s provision for a five-year minimum term for gift vouchers. If a review concludes that the provision to give the Minister for Business, Enterprise and Innovation power to set certain gift voucher fees would not involve impermissible or inappropriate double regulation of electronic gift vouchers, the Minister would then propose to reintroduce it on Committee or Report Stage.

Deputy Quinlivan referred to the issue of experience gift vouchers and the difficulties a five-year expiry date provision might cause for businesses which provide this type of voucher. While we have considered the points made by the Deputy, I am not minded to make a special provision for vouchers of this kind. If a different expiry date provision or no expiry date applied to these vouchers, it would create an undesirable confusion in the minds of people.

I thank Deputies who contributed to this useful and informative debate. The Minister looks forward to working with Members on amendments that she or they may propose on Committee and Report Stages.

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