Carol Nolan (Laois-Offaly, Independent) | Oireachtas source

Tá áthas orm labhairt ar an mBille seo. It is a very wide-ranging and complex Bill, seeking as it does to consolidate and to update the legislative provisions that regulate the main types of consumer contract. Sections of the Bill are very welcome and will make a real and practical difference to people in everyday life - for example, section 19, which deals with the provision of remedies for the incorrect installation of goods. The Bill makes it clear that an incorrect installation of goods will result in a lack of conformity of the goods with the sales contract where the installation was carried out under the trader's responsibility. I welcome that provision. We are all aware of cases where people have been left high and dry after handing over significant amounts of money only to have the goods they had purchased damaged at the point of installation. Obviously, most decent and conscientious traders look after their customers and reputation is important to them, but there are elements out there that seek to take advantage. Unfortunately, we hear more and more of that.

Section 25, on repair or replacement of goods, is a welcome and pragmatic move as it provides that a trader must ensure repair or replacement is carried out free of charge, within a reasonable time period and without any significant inconvenience to the customer. Those safeguards are necessary and welcome. This will strengthen people's rights in this area. That is positive, particularly as there is a balancing provision in section 28, which deals with the obligations of the consumer in event of termination of sales contract. The majority of traders are, as I said, hard-working and decent people. They, too, need proportionate protection of the law.

I note the Bill will also amend the Consumer Protection Act 2007 which will strengthen the enforcement powers of the CCPC. This is an approach that was badly lacking for many years, particularly in the agricultural sector, which was left very exposed. If we are to have regulators, they better have teeth and the ability to do their job and make a difference.

In the context of the agricultural sector, I accept that we now have the unfair trading practices, UTP, directive which has been transposed into Irish law but I note from a recent ministerial reply that the directive does not and will not address below-cost selling as it was considered that legislation dealing with this issue had acted against the interests of consumers. I understand that there were also difficulties in terms of enforcement. I have some concerns regarding that particular approach. If the Government is intent on protecting consumer interests, it must do so in the round. Are farmers not consumers? We must remember that farm families also purchase goods and that these costs are increasing all the time as input costs soar. When they go to sell their goods or products, however, they are not protected by the same consumer protections in terms of value for money. Why is that the case and how is it right that we have that type of situation? Why must farmers endure disproportionate levels of below-cost selling by the multiples? This Bill does not deal directly with this particular issue but I want to raise it and to highlight the fact that if we are to be serious about protecting the rights of consumers and traders, we should try to spread the net to include those in the agricultural sector also.

One last issue I wish to raise is dealt with in section 60, which provides for the remedy for failure to supply digital content or digital service. All Members will be aware that many families in rural Ireland continue to endure poor or at best patchy Wi-Fi services and connections. Is it fair to expect a family to pay a monthly fee for a service that should be enabling them to access a digital service or digital content on an intermittent basis? I hope that this Bill will provide some positive remedy for such families, who, more often than not, must endure poor services because of the lack of alternatives.

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