Patricia Ryan (Kildare South, Sinn Fein) | Oireachtas source

The Consumer Rights Bill 2022 is long overdue and represents a very welcome transposition of EU law. Unfortunately, however, it is the outcome of another missed deadline by the Government. The Government really needs to get its act together in transposing EU directives.

There has been an imbalance between goods and services in consumer rights legislation, and it is hoped that this Bill will address it. The new law will increase the rights of consumers regarding contracts for the sale of goods and supply of digital content, and it gives more power to the regulator, the CCPC. It is one of the biggest overhauls of consumer law in the State in 40 years. Many of the laws in place to protect Irish consumers were drawn up before the age of the Internet. Prior to the EU directives being transposed, someone spending money on a digital product did not have the same rights as when purchasing a physical one. This is going to change. Under the new law, consumers will have the same rights and protections regarding digital content and digital services, such as streaming, downloads and cloud products, as they currently have regarding other products or services.

The Bill amends the law on unfair terms in contracts between consumers and traders. These include terms and conditions that allow a trader to unilaterally change the terms of a contract. Any provision that would indemnify a trader from harm caused by a product or service will not be allowed. Businesses will also have to set out clearly a description of the goods or services being provided, the total price of the item, and the delivery cost before entering into the contract with a consumer. The Bill will see more redress options put on the table for consumers, and consumers will be entitled to agree a price reduction in respect of faulty goods. They will be entitled to withhold payment for goods partially paid for if they are not satisfied with the quality. The Bill also makes it clear that any form of redress must be free of charge and carried out as soon as possible.

The legislation cracks down on aggressive commercial practices such as a company leaving fake reviews of its own or a competitor's services. Companies that engage in such behaviour could be subject to fines by the courts following enforcement action taken by the CCPC. Importantly, the Bill will ensure that where someone cannot contact a trader and a sectoral regulator does not already cover the matter, the CCPC will have the power to intervene and force the trader to engage with the consumer.

I commend my colleague Chris MacManus, MEP, on his work on consumer rights in the European Parliament. He has been to the fore in highlighting the lack of consumer protection provided to the families affected by mica. He has signed the second amendment that was passed to introduce the mandatory labelling of products to provide clear information to consumers on their estimated lifetimes and reparability at the time of purchase. This information will greatly benefit consumers and allow us all to make more sustainable choices when shopping. There must be an end to manufacturers building obsolescence into their products. This is a technique whereby manufacturers design products that break down or malfunction after a period. This is shameless profiteering and it is harmful to the environment and the circular economy. I was greatly disappointed to see that Fine Gael MEPs voted against the initiatives proposed by Mr. MacManus and progressive forces in the European Parliament. Sinn Féin, in this Parliament and the European Parliament, represents the interests of ordinary citizens, while some back the trickery of the manufacturing industry.

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