Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 46:

In page 22, between lines 14 and 15, to insert the following:

“(e) electronic devices constructed with absolute obsolescence built in;”.

Amendment No. 46 seeks to add a new type of items which the Minister may by regulation prohibit a supply of in the State. This amendment seeks to give the Minister the power to ban the supply of electronic items with absolute obsolescence built in. I will speak to amendment No. 48 as well, as that amendment seeks to give the Minister the power to ban the supply of electronic items with relative obsolescence built in. For context, “obsolescence” is the question of how and when a product reaches the end of its useful lifetime and is replaced with a new one.

Amendment No. 53 seeks to add a definition to clarify my amendments. According to the European Environmental Agency, EEA, “absolute obsolescence” happens when a product no longer functions for objective reasons because of mechanical failure or incompatibility of software. “Relative obsolescence” means that the product is still functional but is considered obsolete because of a desire for a new item - if this desire is for psychological, style, cosmetic reasons, it is aesthetic obsolescence; if a new product has better quality, functionality or effectiveness, it is technological obsolescence; and if the price of the repair or upgrade is too high compared with a new product, it is economic obsolescence.

According to a paper by the European Parliamentary Research Service, for some products, such as washing machines, the main the driver for purchases of new items is absolute obsolescence. For mobile phones or televisions, relative obsolescence is more important. According to the EEA, a product becomes prematurely obsolescent when it breaks down early compared to what is a possible, which is the designed lifetime, or compared with what is desirable, which is the desired lifetime. This is often built in to electronic devices and these two forms are known together as “planned obsolescence”. In its pre-legislative scrutiny of this legislation, the climate committee recommended that an examination be conducted into potential measures to address the challenge of planned obsolescence, particularly in relation to electronics. This should include a broad examination of international examples and potential measures could include a right to repair. The committee pointed out that both France and Italy have legislated to ban planned obsolescence, and although they have challenges, it is an issue that needs strong regulatory action.

I will come now to amendment No. 47, which is closely related to the issue of obsolescence in electronics. Amendment No. 47 seeks to add products that require precious or rare earth minerals to complete the list of items which the Minister may by regulation prohibit the supply of in the State. In its pre-legislative scrutiny report, the committee recommended that there should be specific measures for tracking, reuse and repair of products that are built with critical materials such as precious minerals. It also recommended that given the importance of the management of minerals, including precious minerals, in the context of national and global circular economy strategies, regulation and, where necessary, limitations in respect of the extraction of such minerals should be considered.

I have spoken previously about extraction in the context of climate justice, but in the context of this amendment, it is worth noting that at least $10 billion worth of gold, platinum and other precious metals are dumped every year into the growing mountain of electronic waste polluting our environment, according to the United Nations Global e-Waste Monitor 2020 report. A record 54 million tonnes of e-waste was generated worldwide in 2019. For context, this is equivalent to 7.3 kg for every person on this planet, but obviously much of this waste is generated in the global north. The report cites the lack of regulation and the short lifespan of products that are hard or impossible to repair as reasons for this much waste.

This set of amendments would allow us to seriously begin to reduce the damage being done by the extraction of precious metals and minerals which are deeply linked to climate justice and to try to curb the neocolonial aspects of production of electronic goods and the extraction and exploitation required to produce those products. I urge the Minister to accept these amendments.