Seanad debates

Tuesday, 6 February 2007

Consumer Protection Bill 2007: Second Stage

 

5:00 pm

Photo of Feargal QuinnFeargal Quinn (Independent)

Yes. However, we must also ensure the behaviour in which people engage is fair and that they do not engage in misleading practices.

I wish to deal now with airline and hotel prices. When low-cost air travel first appeared, members of the public were mislead with regard to the prices they would be charged. Some airlines advertise extremely low fares but consumers often end up paying a great deal for flights because they are often faced with a plethora of additional costs such as Government taxes, airport charges, fuel surcharges and, most recently, new baggage charges. If a person is not anticipating such charges and is caught by surprise, it is clear the practices involved are misleading.

Some years ago when people operating in the business in which I am involved still sold by the pound, one company introduced a 15 oz. pack of butter — as opposed to the regular 16 oz. pack — which was misleading. A number of traders indicated they would refuse to handle the product in question and the Government of the day introduced legislation or whatever which stated that butter had to be sold in packs of a certain size. This development made a great deal of sense.

I have a difficulty with the argument Senator Cox made in respect of credit cards. Such cards cost considerable sums of money and there is a cartel in existence among the banks which forces a lack of competition in the area in question. Two weeks ago, the Polish competition authority stated it intended to make illegal the interchange fee that banks insist on charging. I am sure the banks in Poland will argue against this development. However, when a cartel exists between the banks — as I believe is the case in Ireland — regarding the interchange fees they charge, traders and customers have no choice but to pay such fees. It should be legitimate for traders to indicate the prices they would charge people for paying by credit card and for paying by some other means. I can understand that argument against such behaviour, particularly if it misleads the public. However, at least indicating prices in this way would be open, above board and visible.

The situation is not the same in respect of other cases. When value added tax was first introduced 20 or 30 years ago, some traders insisted on showing value added tax as a separate charge. This meant customers believed they were purchasing something at a lower price and it was only when they came to pay the real cost became apparent. There is no easy solution to this matter. However, what we are attempting to do in the Bill is to avoid misleading customers and ensuring there will be increased competition in the future.

The Bill is worthwhile and is aimed in the right direction. However, I have a number of concerns about it and perhaps we might be able to tease them out on Committee and Report Stages. It is worth reminding ourselves that the ideal solution in terms of a customer obtaining a fair deal is providing that customer with choice. We must maintain competition and, to ensure that this happens, we must encourage as many traders as possible to remain in business. We must also ensure people cannot engage in many of the sharp practices to which previous speakers referred and to which the Bill alludes.

We are nowhere near the end of this process and there are a number of further steps that must be taken to encourage increased public awareness. A great way to assist members of the public is to provide them with information. When such information is hidden from people, we deprive them of the ability to make rational and reasonable decisions.

I began by using the Latin term "caveat emptor". I wish to conclude with another Latin phrase, namely, "Obesa non iam cantava". The Minister of State may not be too sure as to the meaning of this phrase but I can inform him that it translates as "The fat lady has not sung yet". We have not yet reached the end of our journey and we have a long way to go. What we want to achieve with this legislation is ensure that everything will be open and above board, that there will be competition and that members of the public will be presented with choice and with the knowledge relating thereto. We must ensure ways are not found to hide such knowledge from them before they make their decisions. However, I am also of the opinion that most people cannot be fooled a second time.

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