Bobby Aylward (Carlow-Kilkenny, Fianna Fail)
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Question 142: To ask the Minister for Enterprise, Trade and Innovation if he will provide an update of the Irish legislative position regarding the implementation of the Unfair Commercial Practices Directive 2005/29/EC which protects business to consumer relations and also the Misleading Advertising Directive 2006/114/EC which covers business to business transactions (details supplied). [20077/10]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Directive 2005/29/EC on unfair business-to-consumer commercial practices has been given effect in Ireland by the Consumer Protection Act 2007. The scope of the Directive, and of the provisions of the Act that give effect to it, is confined to commercial practices by a trader that are directly connected with the promotion, sale or supply of a product to consumers. Section 8(6) of the Consumer Protection Act 2007 provides, however, that, while nothing in the Act imposes a duty on the National Consumer Agency to consider whether to investigate a matter referred to it by a trader, the Agency may consider whether to do so, and may accordingly proceed to investigate the matter, where it is satisfied that the matter may affect the interests and welfare of consumers.

Directive 2006/114/EC on misleading and comparative advertising seeks to protect traders against misleading advertising and the unfair consequences thereof and to lay down the conditions under which comparative advertising is permitted. It has been given effect in Ireland by the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I No. 774/2007). Article 5 of the Regulations provides that a trader or other person may apply to the Circuit Court or the High Court for an order prohibiting a trader from engaging, or continuing to engage, in a misleading marketing communication or a prohibited comparative marketing communication, and sets out the rules governing such applications and orders.

I would draw the Deputy's attention also to the provisions of section 48 of the Sale of Goods and Supply of Services Act 1980 on directory entries. This provides, among other things, that an order for an entry in a directory must be made by means of an order form or other stationery belonging to the person to whose business the directory entry is to relate, and that the note of a person's agreement to a charge for a directory entry must state the charge and various details relating to the directory. A person is not liable for payment, or is entitled to recover any payment made by him, for a directory entry not made in compliance with the section. It is also an offence for a person to demand payment, or assert a right to payment, for a charge for a directory entry without knowing or having reasonable cause to believe that the entry was ordered in accordance with the section or that a proper note of agreement has been signed.

It is not possible from the initial details supplied by the Deputy to establish if the practices by the business directory companies referred to there would come within the scope of Directive 2006/114/EC and the Regulations that give effect to it, or of section 48 of the Sale of Goods and Supply of Services Act 1980. If the Deputy is in a position to furnish additional information, I would be happy to have my Department consider the matter further.