Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 3: To ask the Minister for Enterprise, Trade and Employment the number of price surveys conducted by the National Consumer Agency, NCA; the number of prosecutions taken against rogue traders on foot of the work of the NCA to date; and if he will make a statement on the matter. [15710/07]

Micheál Martin (Cork South Central, Fianna Fail)
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The Consumer Protection Act 2007, which provides for the establishment of the National Consumer Agency on a statutory basis, was recently signed into law. Regulations are being finalised to appoint 1 May 2007 as the establishment day for the agency. Once formally established, the NCA will have specific statutory functions in areas such as enforcement and information. These will include promoting and conducting public awareness and information campaigns for the purpose of educating and advising consumers and for enforcing consumer protection law, including the prosecution of summary offences by traders.

I advise the Deputy that until the new agency is formally established, the Office of the Director of Consumer Affairs continues to carry out important functions in enforcing consumer law. In this regard I am advised that the office has taken nine prosecutions so far this year against traders for breaches of various areas of consumer protection law, including product pricing, price display, misleading pricing, car clocking and food labelling. I understand the office has a further ten prosecutions pending.

In the area of price surveys, the ODCA conducts a monthly product pricing survey covering multiples, symbol groups and a variety of other retailers. I understand the office also conducted a specific survey earlier this year on the practices of certain traders who dual price in both euro and sterling.

I am satisfied the expanded remit prescribed for the NCA in the Consumer Protection Act 2007 will allow the agency to continue to build upon the important work of the Office of the Director of Consumer Affairs but also to be a forceful champion of the consumer's case, including in those areas referred to in the Deputy's question.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister established the National Consumer Agency on an interim basis. What has it been doing in the past two years on an interim basis if the Office of the Director of Consumer Affairs is still doing the work outlined in the Minister's response?

Micheál Martin (Cork South Central, Fianna Fail)
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It is widely known I established the agency on an interim basis, and this has been widely debated in the House. It was good to have it established on an interim basis prior to the passing of legislation and it has been effective prior to having a statutory footing. This has been evident mainly in the area of advocacy, research and a number of campaigns organised around a range of issues. The agency has made submissions on a number of policy issues both to me and other Departments.

The NCA has been very effective. The placing of the agency on a statutory footing will now give it the enforcement powers raised in the Deputy's question. The agency clearly could not proceed with prosecutions when it did not have a statutory basis, and this fact was known to the Deputy and everybody else. I am surprised the question was put in that format.

In the aftermath of the consumer group it was correct to set up the agency and it has worked very well so far. It will be a strong advocate for consumers and it represents significant infrastructure for consumer protection and advocacy that we have not had in this country.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I agree that it was time for it to be established. It took a long time for it to happen. The Government voted down a Bill three years ago in the Dáil relating to this. It could have happened much sooner. Will the Minister be more specific in telling me what the agency has done on an interim basis since it was established?

Micheál Martin (Cork South Central, Fianna Fail)
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With the greatest respect, I have been very——

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I am sure they were doing something on an interim basis.

Micheál Martin (Cork South Central, Fianna Fail)
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The Deputy is an Opposition spokesperson on the matter, he should have observed what it did.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I did not observe much.

Micheál Martin (Cork South Central, Fianna Fail)
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Much work was done——

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Give me an example.

Micheál Martin (Cork South Central, Fianna Fail)
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——in terms of surveys and submissions, including one regarding the groceries order. There were several campaigns on the empowerment of consumers, of which the Deputy would have been notified. There was a distribution to households as part of an effective "Know Your Rights" campaign, which indicated to consumers their rights and entitlements under existing law. The agency had an input into the formulation of new legislation, particularly the transposition of EU directives and the types of powers and roles the agency should have under the new consumer law.

There were other campaigns and I will send the specifics to the Deputy.