Seanad debates

Tuesday, 11 October 2022

Consumer Rights Bill 2022 - Second Stage

 

2:30 pm

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail) | Oireachtas source

Go raibh maith agat, a Chathaoirligh Gníomhaigh. I will not delay. I know all time is valuable here. I thank all Senators for their comments on the Bill and for their personal good wishes, which are all appreciated. I am grateful for the general broad support for the purpose of the Bill as well as some of the constructive debate on the finer details and the acknowledgement of the work that has been put in by the Department officials.

This legislation has the improvement of consumer protection at its heart and its enactment will be good overall for consumers and responsible traders alike, as Senator Crowe said. I am encouraged that while there may be some minor disagreement on particular areas, there is full agreement regarding the overarching principles. I will address a number of points which were raised throughout the debate. It is very clear this legislation is predominantly about transposing maximum harmonisation measures arising from EU directives and so we have no discretion in relation to their implementation. Other parts of the legislation are updating and consolidating consumer contract rights that are already in place.On the points made by Senator Ó Donnghaile, tuigim leasuithe an tSeanadóra agus a thuairim maidir le daoine a bhfuil Gaeilge acu agus an gá chun cosaint a thabhairt do na daoine sin sa Bhille. Níl tuiscint mhór agam ar an gcineál cosanta atá ag teastáil ón Seanadóir ach tá mé féin agus m’oifigigh oscailte roimh phlé ar na tuairimí atá aige roimh an chéad chéim eile. Aontaím go gcaithfimid Gaeilgeoirí a chosaint ach tá mé buartha go mbeidh costais bhreise ar ghnóthaí agus ar ghnóthaí beaga ach go háirithe. Tá mé ag iarraidh labhairt leis an Seanadóir agus bualadh leis leath bealaigh chun an ábhar seo a phlé ar dtús. Má táimid in ann aon rud a dhéanamh, déanfaimid é.

Bhí na Seanadóirí Ó Donnghaile, Sherlock agus Dolan ag iarraidh eolais ar acmhainní breise an Choimisiúin um Iomaíocht agus Cosaint Tomhaltóirí. The Senators inquired about extra resources and powers for the CCPC. Additional costs to facilitate the enhanced enforcement functions, and the communication of the new rights for consumers, have been factored into the budgetary and Estimates process. The CCPC has received an increase in its annual budget of 5.8%, which equates to an additional €1 million. Under this Government, the CCPC has seen its Exchequer funding increase by 71% over the last two years. I am confident that this will allow the CCPC to recruit additional staff to carry out its remit effectively under this legislation. My officials are in regular contact with the CCPC about an information campaign on the new resources in this Bill for consumers.

On the interaction between the various regulators that will have a role to play, the CCPC, ComReg and the Central Bank will continue to regulate their own sectors. These organisations already demonstrate strong collaboration in this space in the form of a memorandum of understanding and other agreements.

Senator Sherlock made a point about consumers purchasing from websites with a .iedomain. I assure the Senator that there is a whole-of-government response. The Department of the Environment, Climate and Communications is responsible for the registration of domains. Businesses must meet a number of requirements before they can get an .ieregistration, including a requirement to have offices in Ireland. The CCPC communicates with consumers on how to protect themselves regarding domains. We will contact the CCPC again following this debate to emphasise the communication element, particularly after the enactment of this Bill. I know that my predecessor, Deputy Troy, took on board what was said. I assure Senator Sherlock that my Department has looked at this matter with the other Department and the CCPC. We will continue to pursue the matter.

Senators Sherlock and Dolan mentioned issues that concern the circular economy. This Bill does not contain provisions that specifically relate to the circular economy beyond the opportunity, where feasible, for consumers to seek the repair of faulty goods. However, work is ongoing in the European Commission to empower consumers to make more sustainable consumption decisions and move towards a clean and green circular economy. This work involves proposals to nudge consumers and traders towards repair, as opposed to the replacement of faulty goods in the first instance. It also includes a proposal to amend existing directives to enhance consumer protection against unfair commercial practices that prevent sustainable purchases. An example of such practices is greenwashing, or the making of misleading environmental claims. Another example, and this follows on from the remarks made by Senators Dolan and Sherlock, is the phenomenon of early obsolescence, which is the premature failure of goods. We will continue to work with the Commission on that.

I thank everybody for their comments. I believe this Bill will enhance and solidify consumer rights. I thank all the Senators who participated in the debate this evening. I look forward to working with the Seanad on Committee and Report Stages so that we can get this Bill enacted as soon as possible.

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