Michael D Higgins (Galway West, Labour)
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Question 102: To ask the Minister for Enterprise, Trade and Employment the number of prosecutions taken in each of the past five years under the Consumer Information Act 1978; the nature of the prosecution in each case; the number of convictions which were secured; the penalty imposed in each case; if he is satisfied that the law in regard to consumer protection is being applied; and if he will make a statement on the matter. [25385/07]

Micheál Martin (Cork South Central, Fianna Fail)
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Prosecutions under the Consumer Information Act 1978 Act were essentially initiated by the Director of Consumer Affairs. Details of the proceedings taken by the Director under that Act can be found in the various annual reports of the Director's office. Should the Deputy require further information on these cases it can be obtained from the National Consumer Agency.

The Consumer Information Act 1978 was repealed in its entirety on the enactment of the Consumer Protection Act 2007 in May this year. The 2007 Act updated and modernized a significant element of the existing framework of consumer protection law, including the provisions of the Consumer Information Act 1978. The responsibility for enforcing the provisions of the Consumer Protection Act lies with the National Consumer Agency, which on its establishment effectively subsumed the Office of the Director of Consumer Affairs. The new Act gives the Agency a much greater suite of enforcement options including the ability to issue fixed payment notices, accept undertakings, seek prohibition orders etc. as well as providing for greater fines and penalties for breaches of consumer law.

I am satisfied that the Consumer Protection Act gives the National Consumer Agency the necessary additional powers to ensure that traders comply with their obligations under consumer law and also provides for significant penalties for those traders convicted of breaches of the law.