Micheál Martin (Cork South Central, Fianna Fail)

Article 11.2 of the unfair commercial practices directive gives member states discretion to empower courts that have ordered the cessation of a commercial practice by a final decision to require, in addition, the publication of a corrective statement by the trader concerned. A provision along these lines was included in the general scheme of the Bill published in August 2006. Although the publication of a corrective statement presumably would be covered by the general reference in section 68(7) to terms and conditions that the court may impose in making a prohibition order, it is desirable that section 68 make an express reference to a corrective statement. Section 79 provides for such a statement in the context of criminal proceedings and it would be inconsistent not to make similar provision in the civil context. As I stated in my Second Stage speech, I regard the naming and shaming of offenders as an important element in the enforcement of this Bill. The amendment proposed to section 68(7) is complementary to this objective.

The amendment proposed to section 70(4)(d), concerning corrective statements published as part of an undertaking given by a trader to the National Consumer Agency, is largely technical in nature. A corrective statement cannot really be said to "remedy the prohibited act or practice". Such wording is not used in section 79 and the amendment proposes that it be substituted with the more neutral wording, "relating to the prohibited act or practice". Section 79 also refers to "corrective statement" in the singular. In the interest of consistency, section 70(4)(d) has been amended to do so also.