Results 3,501-3,520 of 50,136 for speaker:Micheál Martin

Written Answers — Departmental Programmes: Departmental Programmes (13 Feb 2007)

Micheál Martin: I propose to take Questions Nos. 455 and 456 together. The National Development Plan (2007-2013) is a strategic document setting out a broad investment framework and investment priorities, together with indicative financial allocations, for the next seven years. It does not contain a list of all projects to be undertaken in 2007 over the period of the Plan, although certain Chapters,...

Written Answers — Departmental Agencies: Departmental Agencies (14 Feb 2007)

Micheál Martin: While this is an operational matter for Enterprise Ireland, I understand that the primary benefit of locating Dublin based staff in a single location will be to significantly increase the level of collaboration within the agency which will facilitate the delivery of a more effective service to client companies. Occupying four separate premises in Dublin is sub-optimal for the agency....

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: The amendment seeks to close off a possible loophole in the Bill as it applies to pyramid schemes. The original wording, "any service or facility provided in the course of a trade, business or profession", might have proved problematic in the context of schemes. As pyramid schemes are unlawful, there can be no legitimate trade, business or professional pyramid scheme promoter or operator....

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: This is a technical amendment. It substitutes the verb for the noun form in the elaboration of the definition of supply in paragraphs (a) and (b). First, this is more appropriate and more consistent with the approach taken to comparable definitions in the section. Second, it deletes the words "or inviting an offer to purchase" in paragraph (b). These had the potential to cause confusion...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: The background to the amendment to section 2(5) is intended to clarify that the provisions of Part 3 of the Bill on unfair, misleading, aggressive and prohibited commercial practices apply to commercial practices relating to the hallmarking of articles of precious metal. Article 3.10 of the unfair commercial practices directive states, "This Directive shall not apply to the application of the...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: Section 20(5)(b) of the National Standards Authority of Ireland Act 1996 states that the standard mark issued by the National Standards Authority of Ireland is a trade mark for the purposes of the Merchandise Marks Acts 1887 to 1978 and the Trade Marks Act 1996. The provisions of the Merchandise Marks Acts relating to the protection of trade marks have long since been superseded by the Trade...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: These were anti-competitive measures that could facilitate the fixing of prices. Therefore, their removal is important.

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: In general, anything that endeavoured to control prices is being removed. The Bill repeals the type of price controls we had in the 1970s and 1980s because price control does not work, but gives rise to certain unacceptable practices.

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: The scope of the unfair commercial practices directive, on which Part 3 is based, is restricted to business to consumer commercial practices. It differs in this respect from older domestic legislation, such as the Merchandise Marks Act 1887, which applies to all commercial transactions, business to business as well as business to consumer. This reflects the fact that consumer protection was...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: These are technical amendments to clarify that the reference to "Acts" in section 35(5) is to Acts of the Oireachtas and the reference to "Act" in section 37(3) is to an Act as defined in the Interpretation Act 2005. Both amendments are proposed on the advice of the Office of the Parliamentary Counsel.

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: There are references in a number of other Acts and statutory instruments to the Director of Consumer Affairs or the Office of the Director of Consumer Affairs which would require amendment to take account of the fact that the director and the office are to be replaced by the National Consumer Agency. These amendments are set out in the proposed new Schedule 3 while the new section 40...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: The provisions of the unfair commercial practices directive, to which sections 40(2)(b)(i) and 50(1)(a) give effect, do not include the word "trader's" before "product". These amendments propose the deletion of the word from each of the subsections. Therefore, we intend to delete "trader's product" and substitute "product concerned". The product in a consumer transaction is not always the...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: The amendments to section 45(3)(a) and section 45(5) are proposed in order to align these provisions more closely with the corresponding provisions of the unfair commercial practices directive. Article 7(4)(a) of the directive places the words "to an extent appropriate to the medium and the product" directly after the words "the main characteristics of the product". This is what is proposed...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: I thank Senator Cox for tabling this amendment. I pay tribute to her for her perseverance and pursuance of the issue. She has pursued me around the House and at parliamentary party meetings for about six months on this issue.

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: There is always a good chance of success on St. Valentine's Day. We have examined this within the Department as well. We have had some animated discussions internally on the merits of the amendment. Of course the intention and motivation behind the amendment has significant merit. It is designed to prohibit a trader discriminating between consumers on the basis of the consumer's chosen...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: There will be an amendment, which will have to be brought to the Dáil first and brought back here then because anything that is changed in the Dáil must be vetted subsequently by the Seanad.

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: Yes, subject to us getting over the technical issues and being able to insert it in the relevant part of the Bill. It will not be inserted into section 52, but we will look at other sections where we can insert an amendment of this kind. We must draft an amendment now. We know the intention. We know what is required and what people want.

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: It is not quite clear what is intended by the first part of the proposed amendment, which seeks to amend the Central Bank and Financial Services Authority of Ireland Act 2003. I am not sure to what director Senator Coghlan is referring in that context, but I will comment on some of the points raised in the amendment. The effect of the amendment would appear to empower the Director of...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: Yes, but the preamble of the amendment speaks of the Central Bank and Financial Services Authority of Ireland Act 2003. In any event, the effect of the amendment would appear to empower the Director of Consumer Affairs to conduct price surveys for the various reasons stated in the amendment. I would advise Senator Coghlan that the Office of Director of Consumer Affairs will cease to exist...

Seanad: Consumer Protection Bill 2007: Committee Stage (14 Feb 2007)

Micheál Martin: This indicates a problem relating to public commentary on surveys generally because different countries have different taxes. The State would reply that analyses of the cost competitiveness of the Irish economy rarely mention the fact that corporation tax is 12.5%, far lower than every other corporation tax in Europe. The most recent discussions on the grocery trade, where appalling,...