Written answers

Tuesday, 28 June 2005

Department of Enterprise, Trade and Employment

Health and Safety Regulations

10:00 pm

Paul McGrath (Westmeath, Fine Gael)
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Question 405: To ask the Minister for Enterprise, Trade and Employment when legislation, regulation and statutory instrument were introduced concerning the provision of fire retardant materials in soft furnishings and beds. [21985/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 406: To ask the Minister for Enterprise, Trade and Employment if fire safety regulations which apply to furniture and beds manufactured in the State are also applicable to soft furniture and beds which are imported from within the EU and outside the EU. [21986/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 407: To ask the Minister for Enterprise, Trade and Employment the number of inspectors within his Department who are responsible for the overseeing of fire safety regulations with the soft furnishings and bed industry; and the number of inspections that have been carried out each year in retail outlets since the introduction of these regulations. [21987/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 408: To ask the Minister for Enterprise, Trade and Employment if recently introduced Health and Safety legislation will provide better enforcement of fire safety regulations in the soft furnishings and bed retail business; and if he will make a statement on the matter. [21988/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 409: To ask the Minister for Enterprise, Trade and Employment his plans to enforce fire safety regulations in the soft furnishings and bed sector. [21989/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 410: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the widespread importation of soft furnishings and beds which do not comply with fire safety regulations in respect of fire retardations; and his proposals in this matter. [22006/05]

Photo of Michael AhernMichael Ahern (Cork East, Fianna Fail)
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I propose to take Questions Nos. 405 to 410, inclusive, together.

The Industrial Research and Standards (Fire Safety) (Domestic Furniture) Order, 1995, S.I. 316 of 1995, regulates the fire safety aspects of furniture which also includes bedding. The objective of the order is to ensure that domestic furniture is designed, manufactured and constructed to a particular standard so as not to endanger persons or property. Furniture is accepted as complying with this order if it has been manufactured to IS 419:1988 or its equivalent European or individual EU member states standards and has been certified as such by the competent authority in the member states of manufacture. The order also applies to furniture imported from non-EU countries.

The Director of Consumer Affairs has responsibility for enforcing this order and is independent in discharging this function. The Office of the Director of Consumer Affairs has an authorised complement of 20 inspectors involved in enforcing approximately 80 items of legislation. While inspectors are not allocated specific legislation, the work of the inspectorate is determined by reference to the risks posed to consumers and the availability of resources at any given time. The table sets out the number of investigations carried out each year between 1995 and 1998.

Year Number of Investigations
1995 7
1996 6
1997 8
1998 2

Investigations ceased in 1998 following receipt of legal advice by the Director of Consumer Affairs that indicated that the director's powers to investigate offences under the order were deficient. The director's power to prosecute offences under the regulations was not affected. The legal deficiency was confirmed by the advice of the Attorney General. Since then, my Department has sought an appropriate opportunity to have amending legislation introduced in Bills before the Oireachtas. I am pleased to inform the Deputy that the director's investigative powers have been restored by virtue of the recent passage of the Safety, Health and Welfare at Work Bill 2004 through the Houses of the Oireachtas, section 89 in particular. The Bill was signed by the President on 22 June 2005 and it is proposed that the necessary commencement order will be signed shortly.

The Director of Consumer Affairs has informed me that while she has not received any consumer complaints relating to products covered by the order since 2003 a small number of manufacturers have complained that compliance with the order puts them at a competitive disadvantage. These companies have also alleged that certain imported products are not compliant with the order. The director has indicated that, following the restoration of her investigative powers, the order will be enforced in a manner commensurate with the risks posed to consumers and within resources available to her. The director has also indicated that complaints made in relation to this issue will be fully investigated.

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