Seanad debates

Wednesday, 19 October 2022

Consumer Rights Bill 2022: Committee Stage

 

10:30 am

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

I thank the Senator for submitting the amendment. I absolutely understand his wish for older people, in particular, not to be disadvantaged when concluding contracts because of a lack of mobility or technical proficiency. This does not apply only to older people.

The Equal Status Acts 2000 to 2018 prohibit discrimination in the provision of goods and services on the basis of age or disability, along with many other grounds. That legislation allows positive action to promote equality for disadvantaged people or to cater for the special needs of people. In addition, it requires that those selling goods or providing services must provide reasonable accommodation or special treatment or facilities in the absence of which it would be impossible or unduly difficult for a person with a disability to avail of the goods or services.

When the European accessibility legislation currently being developed by the Department of Children, Equality, Disability, Integration and Youth is completed, it will introduce accessibility requirements for certain products and services across the EU. It will have wide-ranging implications in some of the areas suggested, including trade and commerce, consumer protection, procurement, public procurement, transport, IT services, e-commerce services and some consumer banking services.

In the context of the Equal Status Act and the European accessibility legislation, I am not sure whether inserting the proposed provision into this Bill would be appropriate at this point. My officials and I have not had time to assess how it would interact with EU and domestic law. We just did not have the time to do so before the amendment was submitted. We are anxious to conclude this Bill but I do not want to dismiss the Senator's arguments. I think the matter would be better dealt with in the context of the European accessibility legislation and within the existing provisions of the Equal Status Act.

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