Róisín Shortall (Dublin North West, Labour)
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Question 62: To ask the Minister for Enterprise, Trade and Employment his proposals for a consultation process regarding the prohibition of credit card and other relevant methods of payment surcharges to consumers; when he expects the process to be completed; and if he will make a statement on the matter. [16570/08]

Micheál Martin (Cork South Central, Fianna Fail)
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The issues raised by the Deputy relate to Sections 48 & 49 of the Consumer Protection Act 2007. The Deputy will recall that my Department conducted a public consultation process in relation to the commencement of these provisions of the Act in the summer of 2007. The Department received a total of almost 50 responses to the public consultation. These responses raised a number of specific issues upon which the Department sought the advice of the Attorney General.

The issues referred to the Office of the Attorney General essentially related to the compatibility of Sections 48 & 49 with E.U. law, specifically with the EU Directive on Unfair Commercial Practices (UCPD) and the EU Payment Services Directive (PSD). The Attorney General advised that Sections 48 & 49 are not compatible with EU law and accordingly, I have decided not to commence these provisions.

Nevertheless I remain concerned in relation to the manner in which payment charges are being imposed and particularly in relation to the importance of customers being aware of the fact that a trader imposes an additional charge based on the method of payment before transacting with that trader. My Department is, therefore, currently examining the possibility of making Regulations under the Consumer Protection Act obliging traders who impose payment method charges to include information in relation to those charges in any advertisements for their goods and services.

Whilst the provisions of the Consumer Protection Act 2007 prohibiting payment method charges will not be commenced, it is my intention to ensure in so far as possible that those small number of traders who do impose such charges do so in a totally transparent manner.