Micheál Martin (Cork South Central, Fianna Fail)

I indicated on Second Stage that I would introduce this amendment on Committee Stage. This new section, which is based on section 87 of the Safety, Health and Welfare at Work Act 2005, relates to the powers of the National Consumer Agency regarding product safety. Power to enforce product safety regulations is already vested in the Office of the Director of Consumer Affairs and will transfer to the agency on establishment day.

The amendment is designed to give power to the agency to request the Revenue Commissioners to detain any product for a period not longer than 72 hours so that it can be examined by the agency. While widespread use of this provision is not envisaged, it provides a useful precautionary power should the agency wish to intervene as regards the importation of an unsafe product from any country. The section covers products imported from any country, not limited to third countries, but any request to the Revenue Commissioners would necessarily have to take account of legislation related to the free movement of goods. In this regard the section limits itself to the action necessary to detain a product. Any action to be taken following examination of a detained product would be carried out in accordance with the powers contained in the relevant statutory provisions.

The section is intended to also include products which do not comply with European Union or national rules in force on product safety, including the rules and laws relating to documentation or marking. We cannot be too careful when it comes to issues pertaining to product safety and this is a useful provision in that regard.