Seanad debates

Tuesday, 6 February 2007

Consumer Protection Bill 2007: Second Stage

 

5:00 pm

Photo of Ann OrmondeAnn Ormonde (Fianna Fail)

Listening to Senator Ross, I began to ponder what I was about to say. I intended to speak positively about the proposed agency and, after hearing the negative opinions expressed by the Senator, I remain intent on emphasising the positive ends this legislation will achieve. A national consumer agency will be established which will make consumers count because they need a new direction which will address the concerns that have been expressed about certain practices. This legislation provides for a general prohibition on sales tactics which could be considered unfair, aggressive or misleading and addresses key areas of consumer concern, including making false claims about products or services, baiting customers by advertising for sale products which are not available, pyramid selling, price draw scams, certain types of advertising directed at children and persistent or unwanted cold calling.

Senator Ross is correct that financial services, cartels, bank charges and information on financial products should all be regulated. It can be the case that the information provided on certain products is inaccurate or deliberately misinterpreted. The new statutory agency should have the power to enforce root and branch changes so that I, as a consumer, will be able to telephone it, say what happened to me and easily learn my rights or be facilitated in starting a public debate. If this legislation can do that, I will praise it.

Senator Ross is correct that regulators have lacked teeth. However, the powers provided in this Bill must be made clear to the public through awareness raising campaigns, research, education and creating links between traders and consumers, so that all can understand the penalties which will ensue from breaches of the law. It is welcome that the Bill is being debated in this House but will the public know about it when it is passed in two weeks' time? Will it be made evident to every trader, shopkeeper, auctioneer and bank that this legislation has the power to regulate their behaviour? If that will be the case, I will welcome it.

The establishment of this agency will give consumers enhanced abilities to make complaints. Senator Ross has spoken at length about auctioneers who vary the information they provide according to the demand for houses. That must stop. If I am buying an expensive product, I will not shop for it on my own because I am aware the seller will see me coming but I would be happy to go on my own if I felt this legislation was behind me and that if my purchase did not work out, I could bring any complaints I may have to the national consumer agency.

I am a positive person and am not overly concerned about what happened in the past, as long as we correct our mistakes and the Minister is aware the legislation must count. The consumer must be confident and there must be confidence that the consumer agency has powers to take action resulting in penalties when offences occur. We should not need to have recourse to the courts in such cases. With this legislation in place it should not be necessary to take matters that far. I will be happy if that is the outcome of the legislation, which I welcome. The agency needs to be given teeth and I want to see the reform implemented. If that happens, we will have got it right.

Comments

No comments

Log in or join to post a public comment.