Rónán Mullen (Independent) | Oireachtas source

The acquittal of the “golfgate” four may not have been satisfactory to the majority of those whose opinions on the subject were canvassed in the newspapers, but anybody who followed closely the events of August 2020 and who is concerned about the rule of law and the idea that convictions should come about only where there has been a clear breach of criminal law will be relieved. Credit and congratulations are due to our colleague, Senator McDowell, whose defence of his client and whose submissions helped bring the matter to the correct conclusion. They say success in the District Court often leads to greater things, and we will see about that.

We have to wonder about the expense that was incurred in prosecuting that case on such thin grounds, as it turned out, and ask why it was decided to investigate and prosecute the case in circumstances where there was an unhelpful media and political climate that seemed to contribute to a decision that perhaps ought to have been taken differently. It is odd that it was only in respect of an event that involved politicians that it was eventually decided to bring an investigation and prosecution. I say all this as a non-golfer. "There but for the disgrace of golf go I", I was tempted to say at the time but I did not want to join in the general pile-on of people who were already receiving disproportionate criticism. Some reflection is needed on how public opinion has been managed, and sometimes manipulated, over the past two years and the hysteria over the "golfgate" case should form part of that. What ended up happening was quite disproportionate.

I have raised the next issue previously but I will do so now in more detail because it is important. The Consumers Association of Ireland warned recently of an increasing trend of businesses refusing to take cash and accepting only card payments. This causes problems for, for example, people on strict budgets, low income or social welfare and older people. Some, but not all, of these people are used to paying by cash and do not find the trend helpful. It is interesting to note the legal position on this. Deputy Nolan was recently told by the Minister for Finance that, if a business specifies in advance that payment must be in a form other than cash, the customer cannot subsequently claim a legal right to pay in cash and that, therefore, under certain circumstances, retail businesses or service providers can refuse to accept payment in cash.However, the European Commission recommendation 191/2019 on the scope of legal tender of euro banknotes and coins, signed by our old friend, Olli Rehn, provides that the acceptance of euro banknotes and coins as means of payment in retail transactions should be the rule and that a refusal thereof should be possible only where, for example, the retailer has no change available. I know a recommendation at that level is not binding law but it is a statement of best practice at EU level and it seems to me that Ireland is clearly diverging from this.

I would like it if the Minister for Finance could come to the House soon to address the question of whether we should allow consumers to insist on paying in cash for small retail transactions if they wish to. Does the legal position on cash payments in Ireland, as outlined by the Minister, not clash with the best practice at European level, which states that consumers should have that choice? Should we amend consumer law to allow customers to be able to insist in almost all circumstances on paying in cash for retail transactions up to a certain level?