Micheál Martin (Cork South Central, Fianna Fail)

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 not a distinct area of policy concern when such legislation was being drafted in the past. It is now a priority area for policy and the National Consumer Agency is being set up with a clear mandate to advance consumer welfare and interests.

The aim of this amendment is to clarify that the agency is required to investigate a matter referred to it by a trader only where it is satisfied that the matter concerned may affect the interests and welfare of consumers. While the agency will welcome information provided by traders and will act on it where appropriate, it should not have to devote resources earmarked for consumer protection to matters with no consumer dimension and which involve only commercial differences, rivalry or disputes between traders. The amendment aims to retain the focus of the agency on consumer interests.