Fintan Warfield (Sinn Fein)
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I thank the Acting Chairman. I also thank the Cathaoirleach for eventually selecting this matter, which has been submitted every week since we resumed this term. I am glad to finally seek action on the issue of mobile home caravan parks and, in particular, the need for regulation and legislation that would ensure fit-for-purpose contracts between mobile home park operators and those who rent or lease pitches from them.I was contacted by a constituent during the summer who faced issues with their contract. After 18 years, the mobile home caravan park stated that the caravan was no longer fit for purpose, despite being insured. That was just one of a number of issues raised by this constituent. To lift the lid on the issue, I launched a survey to get a better sense of it and I could not believe some of the stuff that came back. More than 200 people responded to the survey. Most heard of it through a Facebook advertisement I published. Some 89% of respondents have a contract, 42% have had a negative experience with the owner of the park regarding their contract, 95% have no residents' association in their park and 88% think regulations and legislation should be introduced.

I refer to some of the issues raised regarding contracts, which are so vague that ad hocrules relating to noise, pets and curfew are sometimes used as an excuse to threaten eviction. Owners are forced to upgrade their mobile homes after X number of years, even though the home might be okay, but they must buy from the owner directly. Some contracts seem to ban formation or participation in residents' associations.

Regarding upkeep, no tenants' association is allowed. Each individual must approach the operator to discuss a problem regarding the individual contract. It is easy for the operator to say it fulfils everything written down in a short contract.

On fees, particularly in this Covid-19 year, respondents said full fees were charged for a much-shortened opening season, fees increased every year with no upgrade of site or facilities and some said fees should be tied to set out guaranteed opening times of the season. Some people called for a built-in buy-back clause and said it was so bad they ended up accepting almost anything in the contract.

On closer inspection of the issue, more broadly in the North, the Executive introduced a Caravans Act in 2011, which is a shared responsibility between the Department for Communities and the Department of Finance.It is a simple Act that ensures the particulars of the agreement. Under the agreement, for instance, the owner of the caravan site must give the proposed occupier a written contract which states various things. In addition, it must employ terms on consultation with occupiers' associations. The owner, therefore, shall consult a qualifying occupants' association, if there is one, on all matters that relate to the operational management of or improvements to the caravan site which may affect the occupants either directly or indirectly. That is my stad. I will wait for the Minister of State's reply.

Robert Troy (Longford-Westmeath, Fianna Fail)
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The Senator, and indeed, any other Senator should feel free to contact me directly about any particular areas under my remit . If Senators have difficulty in raising a Commencement matter, I am always happy to assist any Member of this House or, indeed, the Dáil so feel free to contact me at any stage.

Covid-19 has, understandably, raised a number of issues for mobile homeowners. Current level 5 restrictions mean people generally cannot travel to their mobile home in the normal way and this has been the case for significant periods of 2020. The Senator has been active on this issue for a number of months and launched a survey to gather feedback. I thank him for sharing some of his findings. I am interested to know how many people contributed to his survey because having made inquiries with the Competition and Consumer Protection Commission, CCPC, I can confirm that it has received 70 queries from consumers about caravan parks issues this year. Unsurprisingly, the majority of these were received during the spring and summer months. Due to the varied nature of these queries, the CCPC had to deal with the issues on a case-by-case basis and had key messages for consumers.The contract or licence agreement which consumers have with their holiday park operators is very important and they should familiarise themselves with the terms and conditions. Where consumers require further information about their contractual arrangements, they should speak directly with the operator of the site. In the case of unilateral changes to a contract made by an operator or contractual arrangements which may contain unfair terms and conditions, the consumer should raise the matter directly with the Competition and Consumer Protection Commission, CCPC, under the regulation on unfair terms in consumer contracts. In cases where a consumer and a holiday park operator cannot mutually resolve a dispute over contractual arrangements, it is up to the parties to seek a civil remedy to the case.

The application of charges for mobile homes during the Covid-19 pandemic is likely to be determined by the terms and conditions of the contract and reflected in a licence agreement which would be granted by the operator of a caravan park to the owners of mobile homes. Notwithstanding the unprecedented nature of the pandemic, consumer rights apply in full and they have not been weakened. Consumers are entitled to rely on what is provided for in the contract that they have with their operator. Where a written contract is drafted by a trader in advance and a consumer does not have the opportunity to review the terms of the contract before signing, those contract terms will be subject to the regulations. It is important to highlight that under these regulations, traders, including operators of mobile home parks, are obliged to adhere to the contractual terms previously agreed. A trader cannot unilaterally change the terms and conditions without the consumer's agreement.

The CCPC recommends that consumers check the terms and conditions of their agreement with their operators. If consumers think an operator is acting unfairly in relation to the contract, they can make a complaint to the CCPC. Following this process, if the issue is not resolved, it is open to them to commence legal action. If the claim is for less than €2,000, consumers can use the small claims procedure to try to resolve their complaint.

Fintan Warfield (Sinn Fein)
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I thank the Minister of State. The issue here is that in many cases these are just one-year contracts. Some people have spent more than €30,000 for a pitch in a mobile home site and suddenly find themselves, in some examples I have seen, in one-year contracts. The system is broken.

The Minister of State asked how many people responded to my survey. It was just over 200 people. I have also reached out to the CCPC and it is aware of the issue because, as the Minister of State mentioned, many people have contacted it this year. The system itself needs to be looked at by the Department.

I ask the Minister to go back to Cabinet and suggest that a public consultation from the State is launched so that we are not just going on my survey. An official public consultation on the part of the Government could explore the need for legislation and further regulation.

Robert Troy (Longford-Westmeath, Fianna Fail)
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I thank the Senator. I reiterate that where there is a complaint from a consumer that he or she was subject to unfair practices in the way that the terms and conditions of an agreement were reached, it is open to him or her to make a complaint to the CCPC under the regulations on unfair terms in consumer contracts. Despite the fact that 70 people have contacted the CCPC this year and despite the survey the Senator conducted whereby 200 people came back to him directly expressing dissatisfaction with their contracts, not one person has lodged a formal complaint to the CCPC. That could indicate that those people were able to arrive at a mutual agreement with the caravan park operator. A mutual agreement is always much better. Perhaps there are other reasons people did not decide to pursue their complaints further.

I am happy to go back to the CCPC on foot of the Senator's contribution today and see if we can look at reviewing what is there. I will reiterate the point that despite 70 people contacting the CCPC, not one made an official complaint.It would be worth the Senator's while, although I am not telling him his business, to make the 200 people who contacted him aware that they can contact and make an official complaint to the CCPC.