Noel Grealish (Galway West, Independent)
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Question 322: To ask the Minister for Jobs, Enterprise and Innovation if he will legislate for unregulated liquidation sales which are taking place across the country every weekend and are having a serious and detrimental effect on existing businesses; and if he will make a statement on the matter. [25145/12]

Richard Bruton (Dublin North Central, Fine Gael)
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Whilst it is unclear as to what is meant by the reference to unregulated liquidation sales in the Deputy's question, it is the case that a number of different regulatory obligations may apply to those involved in the retail sale of goods or services. Many of these obligations relate to regulations concerning planning, fire and safety of premises etc. Such matters are the responsibility for local authorities and I have no function in these areas.

Insofar as my own area of responsibility is concerned, the Occasional Trading Act 1979 requires persons selling goods at a place, not being a public place, where the person selling has been in occupation of less than 3 months, to hold a permit granted for that purpose by my Department. Should the Deputy be concerned that any persons may be engaged in occasional trading without holding the necessary permit, he may wish to bring such matters to the attention of the National Consumer Agency who have responsibility for enforcing the provisions of the 1979 Act.

I would also point out that the Consumer Protection Act 2007 prohibits traders from engaging in unfair commercial practices. The Act provides that a commercial practice may be considered misleading and, therefore, unfair if it involves the provision of false information, which would be likely to cause the average consumer to make a transactional decision he/she would not otherwise make. The Act also prohibits traders from making representations that they are about to cease trading if they are not. Should the Deputy be concerned that there are traders providing false information in relation to their trading status or who are making representations that they are about to cease trading when they are not, he may wish to bring his concerns to the attention of the National Consumer Agency who have responsibility for enforcing the relevant provisions of the 2007 Act.