Results 47,481-47,500 of 51,015 for speaker:Micheál Martin

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——

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

Micheál Martin: ——if evidence was inadvertently leaked to the complainant which found its way back to the person being pursued the investigation could simply be terminated there and then. That is the problem. I know that is not the Senator's intention.

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

Micheál Martin: However, it could be the effect of the inclusion of this amendment. We might consider the Senator's proposal in general terms. It is not our intention that there should be no communication with the complainant. We might discuss this with the authority, which would have experience of pursuing complaints to establish if there is a mechanism by which certain milestones could be articulated to...

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

Micheál Martin: This is a technical amendment. The Office of the Chief Parliamentary Counsel has advised that the words "of the Industrial Development Act 1993" should be deleted because they are unnecessary.

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

Micheál Martin: We indicated on Second Stage and in public commentary that we would consider the issue being addressed in this amendment and introduce an amendment on Committee Stage. The Casual Trading Act 1995 requires those engaging in casual trading to hold a licence granted for that purpose by the local authority in the area where the trader operates. When the Competition Authority and the Consumer...

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

Micheál Martin: As I mentioned earlier, some of the amendments I have agreed to consider will be dealt with in the Dáil. I will return to the Seanad to update it on what has been agreed in the Dáil. The sale of cars on roadsides is essentially a matter for the local authorities in the first instance. The Garda has a specific role in implementing the Road Traffic Acts if road safety issues arise in this...

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

Micheál Martin: It is not beyond our capacity to ensure that the guidelines reflect the issues which have been raised by Senator Leyden.

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

Micheál Martin: We are trying to provide for uniformity throughout the country.

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...