Ollie Crowe (Fianna Fail) | Oireachtas source

I welcome the Minister of State to the House.

I welcome the Bill, which all Senators should acknowledge represents the greatest reform of consumer law in more than 40 years. It consolidates and updates existing legislation on the sale of goods and supply of services in order to ensure that our legislation is fit for purpose in the modern digital age. Consumers will have the same rights and protections in respect of digital content and services, such as streaming, downloads and cloud products, as they do with traditional products and services. This is only correct.New digital rights include the right to full refund, exchange or repair when goods or services are not as described or not fit for purpose. Consumers will be entitled free of charge to any upgrades to the product or service that are needed to ensure the goods continue to work as expected.

We must ensure we have a fair and effective market that works for both businesses and consumers. This Bill contributes to that aim by strengthening protections for consumers while also creating clear rules for our businesses. The Bill also includes a new blacklist of contract terms and conditions that are automatically deemed to be unfair and which should not be included in any consumer contract. This includes instances where the agreement is only legally binding for the consumer and not for the trader, or where the trader can decide to change the terms and conditions of the contract without informing the consumer in advance. Businesses will be required to set out clearly a description of the goods or services being provided and the total price and costs of delivery before entering into a contract with the consumer.

Furthermore, the Bill gives extra enforcement powers to the Competition and Consumer Protection Commission, the body responsible for enforcing consumer law in this country. These new powers mean that where traders engage in misleading and aggressive commercial practices, such as posting fake reviews, or where they do not provide the remedies or reimbursement to which consumers are entitled, the CCPC can take action such as issuing compliance notices or applying to the Circuit Court or High Court for a declaration or an injunction. It will also provide enforcement powers to ComReg with regard to electronic communication services and premium rate services and to the Central Bank with regard to financial services.

The crackdown on fake reviews the Bill will provide for is most welcome because it is needed. Senators will be aware of how manipulative such fake reviews can be to consumers, particularly now in this digital age where, for far too long, a very small minority of companies have been able to get away with fake reviews that make outrageous claims and promises that wildly mislead consumers. Similarly, Senators will be aware of cases over the years of businesses leaving reviews on the products of their competitors. Not alone is this unjust on the vast majority of businesses that act in the right way, but it also serves to undermine confidence in reviews in the wider domain, which again affects consumers negatively. The Bill provides a mechanism whereby companies that engage in misleading and aggressive commercial practices such as fake reviews can be subject to fines imposed by the courts following enforcement action taken by the CCPC. This step is overdue and much needed. It is welcomed by the vast majority of businesses whose behaviour is above board.

It should also be acknowledged that the response of stakeholders to this legislation has been very positive, with the Bill being warmly welcomed by both the CCPC and Digital Business Ireland. It is the most significant reform of consumer law in decades. It will provide the enhanced protections necessary in this digital age and it should be welcomed by all.