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

I fully understand where the Deputy is coming from in this regard, and indeed Deputy Sherlock, because we had quite a lengthy debate on this topic on Committee Stage. I felt then that this proposal was problematic, but I gave a clear undertaking that I would have my officials look to see if there was any practical way possible in which we could accept this amendment. I say that because I agree wholeheartedly with what the Deputy said and with what Deputy Sherlock said on Committee Stage. The sale of goods directive, however, is a maximum harmonisation directive, and that leaves very little discretion in respect of its implementation.

The amendment, as currently drafted, is unclear regarding whether it intends to create new obligations on a seller, as defined in Article 2 of the directive, who has entered into a sales contract with the consumer. If that is the case, then this amendment goes beyond what is required in the directive and so breaches the maximum harmonisation provision set out in Article 4. As the Deputy will understand, member states may not adopt stricter rules than those provided for in the directive, even to achieve a higher level of consumer protection. If, on the other hand, the intention of the amendment is to create new rules to cover the relationship between the manufacturer and an owner of an independent repair provider, the amendment does not fall within the scope of the directive and therefore does not fit within the scope of Part 2 of the Bill. In that case, I would argue that this is not the appropriate legislative vehicle for making such changes to the law.

I reiterate, although the Deputy might be hearing this for the first time, what I said to Deputy Sherlock. The European Commission is working party on consumer protection and information is currently considering several proposals to empower consumers to make sustainable consumption decisions. One such proposal has a particular emphasis on promoting repair and reuse as an initial remedy before a replacement is offered. These proposals will almost certainly be harmonised and will, quite probably, apply to all goods, including motor vehicles, and not just electronic equipment as dealt with in this amendment.

As I said, I advised Deputy Sherlock on Committee Stage that the European Commission is currently examining a proposal to improve the participation of consumers in the circular economy by providing better information on the durability and repairability of certain products. While I would of course welcome further protections being given to consumers in the area of repairability and maintenance of all goods, including electronic goods, I am acting in the context of strong legal advice because of this being a maximum harmonisation measure. Even though I would like to, and I concur with the sentiments of Deputies Kelly and Sherlock in this regard, I am unable to accept this amendment for these reasons.

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