Richard Bruton (Dublin North Central, Fine Gael) | Oireachtas source

The Consumer Protection Act 2007 gives effect in Ireland to the EU directive on unfair commercial practices. Article 3(1) of that directive provides that "this directive shall apply to unfair business-to-consumer commercial practices." The Consumer Protection Act 2007 is, therefore, more concerned with what happens before, during and after a transaction rather than the status of the trader who engages with the consumer. The Act defines "trader" as "a person who is acting for purposes related to the person's trade, business or profession." This is a wide definition and, therefore, any natural or legal person engaged in business to consumer transactions such as selling or offering to sell goods or services to consumers will have to adhere to fair commercial transacting. The legal status of the body, or how it is financed, does not affect the applicability or otherwise of the Consumer Protection Act 2007. Public bodies, therefore, qualify as "traders" when they engage in commercial activities with consumers and are already liable to the enforcement provisions of the Consumer Protection Act 2007 should they engage in unfair commercial practices. The suggested amendment would therefore add little to the Bill as it would appear that the objective behind the proposed amendment is already being met.

In light of the above I am not in a position to accept the amendment.