Lorraine Higgins (Labour) | Oireachtas source

Yesterday I raised the issue of the HMV voucher scandal and the fact that many of the chain's customers who had bought gift vouchers as Christmas presents were left with vouchers which were completely worthless. I have pointed out that there may be breaches of the criminal code involved which warrant further investigation by the authorities. On that basis, I have written to the Director of Corporate Enforcement and the Director of Public Prosecutions to ask them to investigate the circumstances of this case and take whatever action they may deem fit in order to rectify the problem. I wish to set out the legal position. The fact of the matter is that those with HMV gift vouchers are not just ordinary creditors like banks and Revenue, among others, but enjoy a stronger legal position as the company is merely a trustee of the money that has been paid over by unsuspecting customers. These customers must be treated as having such rights and reimbursed forthwith. In the circumstances, I have also written to the receiver in Ireland, Deloitte, to request that it honour these payments which were made in good faith by the customers of this business. I also reiterate my call for the Minister with responsibility for consumer affairs, Deputy Richard Bruton, to come to the House to discuss and debate the legality or otherwise of what has been done to the many thousands of unsuspecting customers by this unscrupulous business and whatever steps are necessary to strengthen our legislative armour in this regard.