Tommy Broughan (Dublin North East, Labour)
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Question 65: To ask the Minister for Enterprise, Trade and Employment if he has received a request from the Director of Consumer Affairs to amend legislation to provide for the more effective control of postal competitions and promotions that encourage consumers to phone premium phone lines; if, in view of the serious concern at the operation of some of these schemes, he intends to respond to any such request; and if he will make a statement on the matter. [14636/05]

Micheál Martin (Cork South Central, Fianna Fail)
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I have not received a request from the Director of Consumer Affairs to amend the law along the lines suggested by the Deputy. The director and my Department have received queries about correspondence received by people informing them that they had won prizes and that they had to use premium phone lines to collect or verify their prizes. In most cases no prizes were forthcoming.

However, I can confirm that the legal advice available to the Director of Consumer Affairs indicates that these schemes do not come within the scope of existing consumer law. My Department is, however, conducting a review of the entire body of consumer legislation in order to consolidate and modernise it. This project will also involve the transposition of the Unfair Commercial Practices Directive recently adopted by the European Council. I have asked my officials to examine whether or not measures to counter these sorts of activities might be possible or appropriate in the context of this review.

In so far as these competitions purport to be lotteries, they are covered by the Gaming and Lotteries Acts 1956 to 1986 which are the responsibility of my colleague, the Minister for Justice, Equality and Law Reform. Under this legislation any such competition which is not specifically permitted under the legislation is prohibited. Furthermore under section 22 of the Act, publication of any notice or announcement concerning a lottery other than announcements of the results of a lawfully conducted lottery is prohibited. The investigation of specific complaints in relation to breaches of the law are a matter for the Garda Síochána in the first instance.

The principal characteristic of these competitions appears to be the use of premium phone lines. Premium rate phone and text services are regulated by Regtel, the regulator of premium rate telecommunications services. Prior authorisation for the use of premium rate calls is required from Regtel. Promoters are also required to abide by Regtel's code of practice. I understand that Regtel has sanctioned offenders in the past by refusing them permission to use premium rate lines. Complaints in connection with premium rate services can be directed to Regtel. Again, I have no direct responsibility for Regtel which is a private, industry funded regulator.

The Deputy will be aware that the Data Protection Acts 1988 and 2003, which are also the responsibility of my colleague, the Minister for Justice, Equality and Law Reform, are designed to ensure that people who do not wish to receive direct marketing literature should have their privacy respected. Under section 2(7) of the Data Protection Act 1988, as amended, individuals have the right to have their details removed from a direct marketing database. Individuals can contact the Irish Direct Marketing Association, the representative body for direct marketers in Ireland, to ask for their details to be removed from the marketing databases of the main direct marketers in Ireland and they should receive fewer unwanted mailings.