Timmy Dooley (Clare, Fianna Fail)

I, too, thank the Deputies for the imaginative legislation they have tabled. The Government recognises the importance of progressing legislation in respect of the right to repair and information on the repairability of certain products. The Deputies have outlined many examples I am well familiar with, in the sense that, when I started out in life, white goods lasted a greater length of time than they do now. The Department is already working to achieve the aforementioned aim. There are a number of key EU developments in this area already taking place that I will try to outline.

The EU directive on common rules promoting the repair of goods, or the right to repair directive, was published in the Official Journal on 10 July 2024. It came into force on 31 July 2024 and is due to be transposed into Irish law by 31 July 2026. This directive aims to encourage the repair of consumer goods both within and beyond the liability period. It tackles obstacles that discourage consumers from repairing goods due to inconvenience, lack of transparency or difficulty accessing suitable repair services. It therefore encourages repair as a more sustainable consumption choice, which contributes to the climate and environmental objectives under the European Green Deal. The new rules under the directive aim to ensure manufacturers provide timely and cost-effective repair services and inform consumers about their rights to repair. The rules aim to strengthen the EU repair market and reduce repair costs for consumers.

This directive is part of a broader set of measures to support the Commission’s goal of climate neutrality in the EU by 2050. I will list the other two initiatives. On the supply side, the ecodesign for sustainable products regulation, ESPR, sets the framework for product repairability at the production phase, in particular, on product design requirements and the availability of spare parts. On the demand side, there is the directive on empowering consumers for the green transition through better protection against unfair commercial practices and better information. Its purpose is to provide better information to consumers on the durability and repairability of products. It also increases the protection of consumers against unfair commercial practices that prevent sustainable purchases, such as greenwashing, early obsolescence, which is what the Deputies have identified and most of us believe is a common feature of domestic products, and the use of unreliable and non-transparent sustainability labels and information tools.

Taken together, these three initiatives are complementary and generate synergies by establishing a comprehensive approach towards the common objective of sustainable consumption. They are designed to have a cumulative effect and together cover the entire life cycle of a product.

On the circular economy, which falls under the remit of my colleague, the Minister for the Environment, Climate and Communications, the national reuse and repair network established by the EPA will have a key role to play in bringing together public bodies and national organisations to facilitate knowledge-sharing and engagement to support and scale reuse and repair in Ireland.

We will ensure that reuse and repair skills are building within the population, and opportunities exist to develop skills and employment; that barriers to reuse and repair are removed and are standard practice in priority areas.

I will briefly outline the main provisions of the right to repair directive. Article 4 sets out details of a European repair information form. The form will set out all the details of the repair, including the price, timelines and if a replacement good can be provided while the repair is being done. The form is designed to enable consumers to compare repair offerings. Article 5, the obligation to repair, sets out the main changes that the directive brings in. These changes relate to goods that will have to be repairable under European law. These goods, listed in Annex II to the directive, are household washing machines, household washer-dryers, household dishwashers, refrigerating appliances, electronic displays, welding equipment, vacuum cleaners, servers and data storage products, mobile phones, cordless phones and slate tablets, household tumble dryers, and goods incorporating light means of transport batteries.

For these goods, once the directive comes into operation, the manufacturer will have to offer a repair service beyond the legal or commercial guarantee period, either directly or subcontracted. The manufacturer can offer the repair service for free, or for a reasonable price. The length of time the repair service needs to be offered for will depend on the relevant provisions of the ecodesign regulations for that product. lf a manufacturer offers spare parts to enable repair, then they need to do so at a reasonable price so as not to deter repairs. A manufacturer will have to provide the indicative prices for repair on a website so consumers will have access to information to help inform their decision-making around a repair. Manufactures will be forbidden from using any contractual clauses, hardware or software techniques that would impede the repair of the goods. This will include a ban on impeding the use of any compatible spare parts, including 3D printed parts, once the parts conform with product safety or intellectual property law. This will enable independent repairers to make repairs more easily. Manufacturers will also not be able to refuse to repair a good because someone else has tried to repair it first. That is a really important feature.

Article 7 deals with the European online platform for repair. The EU will set up a website that will contain the details of repairers by country. Repairers, sellers of refurbished goods, purchasers of defective goods for refurbishment and community-led repair initiatives will be able to include their details on this site to enable consumers to find the most appropriate repair service. Article 13 states that member states will have to take at least one measure promoting repair, and this must be reported to the Commission five years after the directive enters into force.

This directive has benefits for both consumers and business. Consumers will be able to obtain a repair for their appliances outside the liability period. Consumers will also be able to check the price of a repair by the manufacturer, and to then compare it with the price of a repair by an independent repairer. The directive also maintains the consumer's right to choose between a repair and a replacement if there is an issue with their goods during the legal guarantee period. The directive will also encourage the repair industry. It will allow small repairers to use 3D printed parts or parts other than those sold by the manufacturer to repair goods. Repairers will be able to see the price of a repair by the manufacturer to enable them to compete with this price. It will allow repairers, and those who purchase goods for repair or who sell refurbished goods, to advertise their services on an EU website. Article 10 of the directive says that, where appropriate, the Commission shall adopt guidelines to support, in particular, micro, small and medium-sized enterprises in complying with the requirements and obligations set out in the directive. Since my appointment I have made it my top priority to support the small and medium sized businesses that are the backbone of Ireland’s economy. The directive supports this.

The Private Members' Bill focuses on requiring suppliers and dealers to provide and display repairability information, a matter which is addressed in the right to repair directive. Manufacturers are required to inform consumers about indicative prices for typical repairs and provide information on spare parts and repair services on their websites or in instruction manuals. In addition, the right to repair directive is broader in its application. It covers a larger number of products and requires manufacturers to comply with repair obligations. Harmonising regulations through the right to repair directive promotes consistency and reduces potential conflicts by providing a single, clear framework for all member states.

As a general point, legislative initiatives in this area are best progressed, where possible, at EU level to ensure harmonisation, promote policy coherence and avoid the risk of fragmentation within the EU Single Market. For these reasons, Ireland is supportive of introducing legislation on these matters on a cross-EU basis rather through unilateral domestic legislation. The EU Commission outlined in its competitiveness compass communication earlier this year that it will pursue a forceful approach to full harmonisation and enforcement. As noted, there are developments under way at EU level which would impact the Bill or displace it entirely. As Ireland is required to transpose the directive into national law, the Private Members' Bill would create unnecessary duplication of effort and potential discrepancies with the EU framework. Additionally, it is important that policy development is evidence-based, and Government better regulation principles are adhered to. This ensures that legislative proposals are proportionate, consistent and transparent, and includes the necessity for a regulatory impact analysis. It is for these reasons that we are opposing the Private Members' Bill while recognising the input the Deputies have made. It will be part of the legislation coming forward at European level. I have no doubt that when that legislation is being transposed, the Deputies will have an opportunity to contribute to ensure the legislation going through here meets the highest standard possible. Notwithstanding that the Deputies have put forward the Bill, I am hopeful that they will understand the position of the Government in terms of being part of the European Union and the progression. They may choose not to push it to a vote, although of course that is their entitlement if they wish. We are opposing the Bill on the principles we have outlined but not on the basis of the spirit or sentiment of what they wish to achieve. The work they have done is commendable but there are other elements in train at European level which will eventually be embraced by the Government. I look forward to the Deputies' next remarks.

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