Results 47,561-47,580 of 51,089 for speaker:Micheál Martin

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...

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.