Ciarán Cuffe (Dún Laoghaire, Green Party)
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Question 135: To ask the Minister for Enterprise, Trade and Employment his views on the practice of oversupply of newspaper and magazines by distribution companies to newsagents, which in some cases amount to oversupply of 30%, particularly in view of the fact that there is currently no producer responsibility fund for the newspaper and magazine industry; and his further views on regulating oversupply to newsagents by trade practice measure as has been done in other jurisdictions. [34987/06]

Micheál Martin (Cork South Central, Fianna Fail)
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The practice referred to in the Deputy's Question essentially appears to relate to transactions between businesses and as such would seem primarily to be a matter of contract law. It is understood that in a number of instances the terms and conditions of supply specified by distribution companies provide that the supplier may specify a minimum order number of newspapers, magazines etc. Newsagents who consider that the practice of oversupply is in breach of the terms agreed with their distributors may wish to consult their legal advisers to consider how best to proceed.

Although the supply of unsolicited goods is not, of itself, an offence, the Sale of Goods and Supply of Services Act 1980 provides that persons may not seek payment for goods that are unsolicited. In considering whether the practice of oversupply as outlined in the Deputy's question involves the supply of unsolicited goods within the meaning of the 1980 Act, consideration would have to be given to the terms and conditions of supply agreed between the parties and in particular any specific terms governing the sale or return of goods as well as the payment terms for such goods. Should the Deputy have details of specific instances of payment being demanded from newsagents in respect of unsolicited newspapers, magazines etc. he may wish to advise those newsagents to refer their complaints to the Office of the Director of Consumer Affairs who enforce the provisions of the Sale of Goods and Supply of Services Act 1980.

In terms of possible environmental and other impacts arising from the oversupply of newspapers, magazines etc., I am aware that my colleague, the Minister for Environment, Heritage and Local Government is currently in discussions with the newsprint industry with a view to developing an industry initiative to promote greater recycling of newsprint.