Seanad debates
Wednesday, 9 December 2009
Consumer Protection (Gift Vouchers) Bill 2009: Second Stage
6:00 pm
Dan Boyle (Green Party)
I begin by thanking the Labour Party first for accommodating Private Members' Time in the past fortnight and second for introducing this Bill. It is timely in the sense that it addresses an important consumer issue that has a particular poignancy at this time of the year. I admit I have occasionally indulged in the art of present giving through vouchers. However, it must be accepted that it is the least intimate form of present giving. I am not too sure it should be encouraged in any society. The only people who really gain from the production of vouchers are retailers. The Labour Party Bill deals with an important aspect in terms of the redemption of vouchers. However, as the Minister of State indicated in his contribution, a greater value is lost through people forgetting to redeem them. Even for those who do redeem vouchers eventually, the cash value of the product or service for which they are using the voucher has reduced in the time they have taken to redeem it. There is no way the retailer loses in this situation.
It appears every retailer up to and including petrol stations has a voucher system. I wonder how many people will be honoured by that type of present this Christmas. Given events of the Budget Statement in the past hour or so they might have a particular value now. I am persuaded both by the need to correct current legislation as proposed by the Labour Party Bill and the Minister of State's argument in regard to how such change can be brought about. We have had commitments from the Minister of State this evening in terms of impending consumer protection legislation that can incorporate much of what is suggested in the Labour Party Bill. It appears there is an even greater legislative bar in terms of what we can do unilaterally in this area given our commitments in terms of the European Union. The draft proposal in terms of a new EU consumer protection directive is a document into which the Government, informed by our own political system, can have an input. The Minister of State highlighted the effect of the Council working group in this area. The Labour Party is to be commended on its proposals in this area.
If and when the Government is prepared to introduce amending legislation and to bring about amendment of European legislation in this area, a wider issue needs to be considered. As mentioned by several speakers in this debate, we are speaking about the conversion of currency through the production of vouchers. If we are speaking in terms of consumer rights and protection, we will need to ensure that currency has maximum value. If it is being abused in regard to the terms and conditions being attached and if consumers are not being properly informed as to their rights and entitlements in regard to how the maximum value can be obtained from vouchers, either the system of consumer protection or the legislation that informs it is in need of change.
I noted in the Minister of State's contribution a willingness to take on board many of the ideas included in this Bill and an acceptance that the legislation is in need of constant revision. I am not sure to what extent the Labour Party wishes to progress its legislation but the better vehicle for getting the ideas it is articulating into legislation is to take the Minister of State at his word and await new legislation which he will produce in the near future. The House can then see how the Labour Party's ideas can be put into it.
Once again, I thank and congratulate the Labour Party for raising this issue and having an influence on eventual change in the legislation in this area. Holding Second Stage of this Bill tonight was the subject of unfair comment on the Order of Business in recent days and that should not be allowed to remain on the record of the House. It is an interesting and important Bill that highlights an area where legislative change is necessary.
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