Liz McManus (Wicklow, Labour)
Link to this: Individually | In context

Question 50: To ask the Minister for Enterprise, Trade and Innovation the position regarding the draft consumer rights directive, if he is satisfied that the existing rights of consumers here, such as the right to reject, will be retained; and if he will make a statement on the matter. [45548/10]

Batt O'Keeffe (Cork North West, Fianna Fail)
Link to this: Individually | In context

The proposal for a Consumer Rights Directive was published in October 2008 and has been drafted on a full harmonisation basis which, if retained, would preclude member states from going beyond its protections in national legislation. Though some provisions of the proposed Directive would strengthen consumer rights in Ireland, others would potentially have a less positive effect. Concerns about the proposal's impact on Irish consumer rights centre mainly on its provisions on consumer remedies for faulty goods and in particular, as the Deputy's question suggests, on their implications for what is known as the right to reject. By this is meant the right to return faulty goods, obtain a refund of the price, and, in so doing, to terminate the contract. A fully harmonised provision along the lines proposed in the draft Directive would, if adopted, mean that the right to reject would be a remedy of second rather than first resort for faulty goods.

I would like to assure the Deputy that my officials have expressed our reservations about the relevant aspects of the proposed Directive in clear and forthright terms. Those concerns were restated at political level at the Competitiveness Council in December 2009 and May 2010. I also raised our concerns directly with Vice-President Reding who now has responsibility for the proposal at a meeting I had with her on the occasion of the May Competitiveness Council. Intensive discussions have taken place under the Belgian Presidency in advance of the Competitiveness Council to be held on 10 December. While a final resolution of all of the outstanding issues has yet to be achieved, the indications are that a general approach to their resolution will be agreed in the near future.

The Committee on the Internal Market and Consumer Protection of the European Parliament is also currently concluding its consideration of the proposed Directive. Almost sixteen hundred amendments to the proposed Directive tabled by members of the Committee are now being considered. The Committee is scheduled to vote on the proposal in early January 2011 and a plenary vote of the Parliament is expected in March 2011.