Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 1094: To ask the Minister for Enterprise, Trade and Employment if he will introduce measures to properly regulate professional services to allow for greater transparency in pricing, better representation of consumer interests where a conflict of interest exists and tougher fines compensation from service providers that fail to meet their responsibilities; and if he will make a statement on the matter. [2754/07]

Micheál Martin (Cork South Central, Fianna Fail)
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I would advise the Deputy that the statutory regulation of specific professional services is the responsibility of a number of different Government Departments and Agencies. For example the Deputy will be aware that the regulation of medical practitioners is the responsibility of the Minister for Health and Children and the regulation of financial services is the responsibility of the Minister for Finance and the Financial Regulator. The Deputy will appreciate that the activities of the various regulatory agencies are not the responsibility of my Department.

Notwithstanding this, all traders, including those providing professional services, are subject to consumer law. Specifically traders have particular obligations in relation to the information that they give to consumers and also in relation to the nature and quality of goods and services that they sell to consumers. Consumer law obliges that goods offered for sale must be of merchantable quality and that in the case of services, suppliers must have the necessary skill to render the service and that the service is supplied with due skill, care and diligence.

The Consumer Protection Bill 2007, which will be published in the next few days, in addition to establishing the new National Consumer Agency on a statutory footing, also includes a number of specific provisions strengthening the protections afforded consumers in their day-to-day transactions with traders, including in relation to the provision of transparent information on pricing. The Bill contains a general prohibition on unfair, misleading or aggressive practices. The Bill further prohibits traders from engaging in over 30 specific practices, which are forbidden in all circumstances. The type of practices prohibited by the Bill are:

Persistent cold calling of customers

Pyramid selling

Prize draw scams

Making false claims in relation to a product or service

Traders who engage in prohibited practices are liable on conviction to significant fines and terms of imprisonment. The Bill provides the National Consumer Agency with a number of additional enforcement options. For example, the Bill provides that the Agency may, where it considers it appropriate, issue fixed payment notices and compliance notices to errant traders. The Bill also provides that the Agency and individual consumers can seek injunctions to stop traders from engaging in prohibited practices. The Agency will be permitted under the Bill to seek compensation orders before the courts on behalf of consumers who have suffered as a result of a trader engaging in a prohibited practice.

The Bill will also require the new National Consumer Agency to enter into co-operation agreements with certain prescribed bodies, including other sectoral regulators, with a view to avoiding duplication of activities and guaranteeing effective protection of consumer welfare.

I am confident that the Consumer Protection Bill will provide significant additional protections for consumers in their day-to day transactions with traders, including traders providing professional services and that the new National Consumer Agency will have all the necessary powers to ensure that Irish consumers enjoy the highest level of protection.