Robert Troy (Longford-Westmeath, Fianna Fail) | Oireachtas source

I thank all the Deputies who contributed to the debate. I thank them for the points raised. It is fair to say, and I acknowledge, that there has been very broad support for the general purpose of the Bill. The debate has been constructive. The Bill has at its heart the improvement of consumer protection. Its enactment will be good for consumers and responsible traders alike. I will take this opportunity to address some of the points raised during the debate. I will concentrate on the points relevant to the Bill.

A number of people acknowledged that the Bill is overdue and that it should be implemented in a timely manner. This will largely be in the hands of my colleagues but it is my intention to enact it before the summer recess. Given the broad support outlined I do not see any reason we cannot have this. A number of Deputies also signalled their intention to table amendments. We will certainly cons any amendment tabled with an open mind, based on the fact that amendments can enhance the provisions in the Bill.

A number of Deputies, including Deputy Costello, spoke about the enhancement of the CCPC's enforcement powers and whether it would have adequate resources to undertake these functions. Additional funds to facilitate the enhancement of enforcement functions were factored into the Estimates process for the 2022 budget and the CCPC received a significant 9% increase on its annual budget as a result of this. This was on the back of an increase the previous year. Recruitment has begun for additional staff. At present the CCPC has approximately 140 staff and the intention is to increase this to 200. There is a firm commitment and acknowledgement to increase resources for the CCPC in recognition of the additional responsibilities it is undertaking.

There was discussion on the rising cost of fuel and the cost of living more generally. The war in Ukraine has intensified pressures on global commodity prices, including crude oil. This has led to an increase in the prices paid by consumers for essential items such as petrol and diesel. This worrying trend negatively affects all consumers but has a particularly devastating impact on the most vulnerable members of society. While neither the Department or the CCPC can direct businesses on what prices to charge, it is illegal for competing businesses to form a cartel. This is an agreement to fix prices, to agree to a common pricing policy or to carve up a market so they do not have to compete. The CCPC can take action where it considers a trader's action has a wider adverse effect on consumers. With regard to the current situation with fuel pricing, I and most members are aware, because CCPC officials came before the Oireachtas committee on enterprise a number of weeks ago, that it has taken steps to ensure compliance with the law.

It will be open to it to carry out further investigations, impose sanctions or penalise anybody it feels is breaking the law.

Deputy Sherlock raised a point about Brexit. Since Brexit, consumers buying from the UK can only rely on UK law, not EU law. The new legislation cannot alter that. The Irish Government can only legislate for commerce in Ireland. However, if such commerce involves something purchased from an Irish-based intermediary, Irish consumer law will apply.

Deputy Sherlock also discussed domain names, specifically those ending with .ie and gave some statistics of which I was unaware regarding the number of companies with .ie domain names that are not located in Ireland. While that is a matter for the Minister for the Environment, Climate and Communications, I share the Deputy's concerns. It is an issue I have already raised with the Minister for the Environment, Climate and Communications and I will follow it up with the Minister on foot of the Deputy's points.

Some members of the Rural Independent Group raised the matter of broadband services in terms of outtages, speeds etc. This is a matter for ComReg as the statutory regulator and is currently covered by the current licensing arrangements. Deputy Calleary spoke about transparency and clarity for consumers. The Bill introduces new prohibited blacklisted terms and conditions that are automatically regarded as unfair when included in a contract. Examples include any condition that allows a trader to unilaterally change the terms of a contract or any provision that would indemnify a trader from harm caused by a product or service. Businesses will also be required to set out clearly a description of the goods or services being provided, the total price of the item and the cost of delivery before entering into a contract with a consumer.

Deputy Catherine Murphy raised a number of points about the omnibus directive that are not contained in this Bill. These will be transposed by way of secondary legislation, that is, a statutory instrument, which is being drafted. Hopefully, that will reassure the Deputy. The Deputy along with Deputy Calleary pointed out the need for consumers to be informed. I could not agree more. We have already spoken with the CCPC, which has assured us that it will be embarking on an advertising campaign to make sure consumers are fully aware of their rights once this Bill is enacted. In addition to consumers being aware of their rights, it is important that businesses are also aware of their responsibilities.

In my opening statement, I indicated that I would be bringing forward amendments on Committee Stage to clarify the intentions of certain provisions to ensure that the powers of the CCPC and ComReg are sufficient for additional functions they will have as a result of this Bill and to amend section 459 of the Companies Act 2014. As I said at the outset, I am open to looking at any proposals that come from colleagues. Indeed I am looking at some of my own items to see whether they fit in with the Bill but there is that opportunity over the next number of weeks before Committee Stage to look at possible amendments. I look forward to a constructive debate on Committee Stage because it has been very constructive here today. I believe this Bill will enhance and solidify consumers' rights so I hope we can have cross-party support to ensure we can get it enacted before the summer recess at the latest.

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