Richard Bruton (Dublin North Central, Fine Gael)
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Question 953: To ask the Minister for Enterprise, Trade and Employment if his attention has been drawn to the fact that many traders, particularly in the repair and maintenance business go door to door touting for business often only providing a mobile phone number; if his further attention has been drawn to the fact that there appears to be a growing number of cases where householders have been defrauded without redress as a result; his views on whether some form of registration for persons who trade with persons door to door, should be introduced which would set minimum standards to include requirements (details supplied); and if he will make a statement on the matter. [29272/06]

Micheál Martin (Cork South Central, Fianna Fail)
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Consumers enjoy certain statutory protections from the activities of unscrupulous traders. The Sale of Goods and Supply of Services Act 1980 requires that in every contract for the supply of a service where the supplier is acting in the course of a business, the following terms are implied:

that the supplier has the necessary skill to render the service,

that he will supply the service with due skill, care and diligence,

that, where materials are used, they be sound and reasonably fit for the purpose for which they are required, and

that, where goods are supplied under the contract, they will be of merchantable quality.

Accordingly where a trader or contractor does not have the necessary skill or does not carry out work with due care and diligence or does not carry out work in accordance with terms of the contract, a consumer may initiate proceedings against the trader on the basis of the above provisions.

I agree with the Deputy that door to door traders should provide the fullest possible information in relation to their businesses to enable consumers to enforce their rights and where necessary pursue such traders for redress. Under the European Communities (Cancellation of Contracts Negotiated Away from Business Premises) Regulations 1989 (known as the Doorstep Selling Regulations), contracts to supply goods or services which are negotiated away from a trader's business premises, including doorstep contracts, oblige traders to deliver to the consumer a notice in writing detailing certain information necessary to allow the consumer to exercise his statutory entitlement under the Regulations to cancel the contract within 7 days.

When launching the General Scheme of the Bill to establish the new National Consumer Agency last month, I announced my Department's intention to review all secondary consumer protection legislation. I intend that in reviewing the Doorstep Selling Regulations to examine the possibility of expanding the information door to door traders are required to give to consumers under the Regulations.

The recently adopted European Directive concerning Unfair Business to Consumer Commercial Practices in the Internal Market contains a general prohibition on commercial practices that might be considered unfair, aggressive or misleading. In particular Article 7(4) of the Directive provides that, where a trader invites a consumer to purchase a good or service, a failure on his part to provide a range of specified information to the consumer, including the trader's geographical address, is a misleading commercial practice which is prohibited under the Directive.

The Bill establishing the National Consumer Agency will also include provisions to transpose the Directive, including this important protection for consumers, into national law. When enacted, the law will allow individual consumers or the new National Consumer Agency to seek a court injunction to prevent specific traders from engaging in such activities. I am also aware of reported instances of some door to door traders engaging in acts of coercion and fraud against consumers, particularly vulnerable consumers. It is important that all such instances are reported to the Garda who have successfully prosecuted such traders in the past. It is my intention that the legislation establishing the new National Consumer Agency will include specific provisions enabling the Agency to share information in relation to suspected offences of the type referred to above with bodies such as the Garda.

I do not feel that introducing a form of registration for door to door traders would necessarily resolve the difficulties experienced by consumers at the hands of some of these traders. Rather I consider that these difficulties can best be addressed by a combination of consumers themselves exercising due caution when considering engaging the services of a door to door trader together with the introduction and aggressive enforcement of the provisions of the Unfair Commercial Practices Directive outlawing unfair and misleading trade practices.

Finally I would urge all consumers to exercise caution when entering into doorstep contracts and to fully acquaint themselves with their rights in such circumstances. Any consumer who feels that he/she may have suffered at the hands of an unscrupulous trader should bring the matter to the attention of the Director of Consumer Affairs with a view to establishing their rights in the specific situation.