Seanad debates
Wednesday, 9 December 2009
Consumer Protection (Gift Vouchers) Bill 2009: Second Stage
6:00 pm
Billy Kelleher (Cork North Central, Fianna Fail)
When one goes into Brown Thomas or an equally high-end store, invariably one ends up going to the gift voucher department because otherwise one might be under some pressure if one bought an item in the wrong size.
Seriously, reference was made to our blaming the consumer. We are trying to advise the consumer and make him or her aware of the risks that arise if one does not look at the terms and conditions of a voucher. The other interesting aspect that emerged is the rate of redemption and whether it is as high as 10%. I believe it is higher in some areas. That is a major problem. We have all opened a drawer after two or three years and found a voucher in the bottom wishing us a happy Christmas or birthday.
It was asked whether the Government proposes to introduce legislation. We will do that with regard to the amalgamation of the National Consumer Agency and the Competition Authority and have asked our officials to consider including in that legislation provisions that may address some relevant issues. Again, such measures must be compatible and in accordance with the harmonisation nature of the EU directive.
Equally, with regard to the unfair commercial practices directive, there is a mechanism in place whereby a blacklist can be added to or amended. A report is to be brought from the Commission to the European Parliament and the Council of Ministers by 2011 concerning this directive and the 31 blacklisted items. Additions and subtractions could be made at that stage and there would be an opportunity for member states to put forward their views. That is scheduled for June 2011, which is somewhat distant, as the Senator noted. However, with the amalgamation of the two agencies, there may be some room to ensure we can make regulations that are more protective of consumers' rights. I wish it were possible to accept this Bill but I am prohibited by the constraints put on me by the various directives and their harmonisation nature.
Because of the Christmas season, people should be careful. It is a pity this item is overshadowed by the budget which will probably take more prominence on the front pages tomorrow as opposed to this very important debate. These issues should be aired publicly to make people conscious of their rights and entitlements and, equally, to make them aware that when they purchase a voucher, they should read the small print and advise the recipient of the terms and conditions.
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