Seanad debates

Tuesday, 6 February 2007

Consumer Protection Bill 2007: Second Stage

 

4:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

It includes many effective provisions, as I will outline presently.

I ask the Minister to elaborate on his reference to a non-consumer provision in the Bill. He stated:

Section 93 amends the Industrial Development Act 1993 to give retrospective effect to an assignment of powers made by Forfás to IDA Ireland and Enterprise Ireland on 26 May 2006. The assignment of powers is being made retrospective to 25 July 2003, the date the Industrial Development (Science Foundation Ireland) Act 2003 came into effect. This provision is necessary because the 2003 Act consolidated provisions dealing with employment grants that had been included in the 1986, 1991 and 1993 Acts. As a consequence, a new assignment of powers to the agencies to make employment grants under section 25 of the 2003 Act was necessary. However, this assignment was not made until 26 May 2006 with the result that the agencies were acting ultra vires in approving employment grants in the period between 25 July 2003, when the 2003 Act was commenced, and 26 May 2006.

The Attorney General has advised that primary legislation is necessary in order to make the assignment of powers retrospective to 25 July 2003. While any potential financial liability arising for the State on foot of the delay in assigning the powers is judged to be minimal, I am of the view that any potential risk should be closed off by introducing the necessary validating legislation at the earliest opportunity.

It is suitable that this provision be included in this legislation rather than having to bring forward another industrial development Bill, necessitating a further delay. We should note this important provision. I do not see how any liability could arise because we are talking about the provision of grant-aid. Science Foundation Ireland has done great work since its establishment and has been an enormous success. Representatives of that body gave evidence before the Joint Committee on Enterprise and Small Business last week of the work it is doing and the amount of assistance it has provided.

As well as providing for the establishment of the national consumer agency, the Bill also gives effect to the unfair commercial practices directive and allows for the prohibition of unfair, misleading and aggressive commercial practices. A blacklist of 23 misleading and eight aggressive commercial practices are set out, including pyramid schemes, false claims about products and bid advertising. Pyramid selling was highlighted in Cork city — in an area perhaps close to the Minister's constituency — and I believe throughout the county. As far as I recall, it was highlighted on "Liveline" with Joe Duffy. A number of people have been misled by pyramid selling. It is strange how people can be taken in by a scheme which was very active in the 1960s and 1970s. Legislation was introduced but, apparently, it was not strong enough to prohibit pyramid selling. The Minister has strengthened the provision in this Bill.

It is very important the National Consumer Agency forms a network of support throughout the country in regard to consumer issues, for example, obtaining and preparing information on supermarket costs. Has the Minister detected a decrease in the cost of products in the supermarket chains since the ban on below cost selling was removed?

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