Results 3,521-3,540 of 50,136 for speaker:Micheál Martin

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

Micheál Martin: This is an interesting amendment. With the exception of the Pyramid Selling Act 1980, the criminal enforcement provisions of consumer legislation are based on a model of strict liability offences, that is, offences in respect of which there is no requirement to show intention or negligence on the part of the accused person, balanced by a due diligence defence. Again, with the exception of...

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

Micheál Martin: Article 11.2 of the unfair commercial practices directive gives member states discretion to empower courts that have ordered the cessation of a commercial practice by a final decision to require, in addition, the publication of a corrective statement by the trader concerned. A provision along these lines was included in the general scheme of the Bill published in August 2006. Although the...

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

Micheál Martin: We are talking about the small claims court. The limit for small claims is €2,000 and not €1,269.74, as referred to in the amendment. The regulations increasing the limit to this level, the District Court (Small Claims) (Amendment) Rules 2006, came into effect early in 2006 under the aegis of the Department of Justice, Equality and Law Reform. The Senator's amendment, which proposes to...

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

Micheál Martin: I accept that.

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

Micheál Martin: The District Court limit is €6,000 and a limit somewhere between €2,000 and €6,000 probably would be suitable.

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

Micheál Martin: I will write to it.

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

Micheál Martin: I accept the spirit of the Senator's point.

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

Micheál Martin: A limit of €10,000 would be too high.

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

Micheál Martin: I know what the Senator intends and have no difficulty with the principle of what he is advocating. I will articulate it to the powers that be.

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

Micheál Martin: This is reasonably straightforward. As the Bill provides for criminal proceedings on indictment as well as summary proceedings, this and the related amendment to section 78(6) are necessary to permit consumers to enter judgment for non-compliance with compensation orders with the Circuit Court as well as the District Court. Similarly, it is necessary to amend section 78(7) to make reference...

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

Micheál Martin: This amendment would affect the Competition Authority whereas we are dealing with the National Consumer Agency and consumer issues. I am not satisfied it is appropriate to this Bill.

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

Micheál Martin: The first part of the amendment is unnecessary because the authority is already empowered under section 3(1)(f) of the Competition Act 2002 "to identify and comment on constraints imposed by an enactment or administrative practice on the operation of competition in the economy". Where any legislation is proposed, the views of the Competition Authority are advanced and received by all the...

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

Micheál Martin: We need to be very clear about overall macroeconomic policy and what we are about in Ireland in terms of the general mix, foreign direct investment and so on. Any regulation has wider effects than perhaps was initially intended and we need to keep this in perspective. All companies operating in Ireland are free to establish and organise themselves in the most suitable form for promoting and...

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

Micheál Martin: Yes, before section 84.

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

Micheál Martin: That is not the amendment with which we are dealing.

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

Micheál Martin: The Senator has proposed an amendment to a section of the Competition Act. The amendment proposes that section 30 of the Competition Act 2002 be amended.

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

Micheál Martin: It is best practice on the part of enforcement agencies to cultivate complaints and make it clear, to inspire confidence, that complaints will be pursued vigorously. This is clearly the intention behind the amendment. However, I am of the view that a mandatory requirement on the Competition Authority of this kind is unsuitable for inclusion in legislation. It may be inappropriate,...

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

Micheál Martin: Yes.

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

Micheál Martin: A fear in this respect arises in terms of what do we mean by keeping people regularly informed of progress.

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

Micheál Martin: In the case of a criminal investigation——