Written answers

Wednesday, 15 January 2014

Department of Jobs, Enterprise and Innovation

Consumer Protection

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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332. To ask the Minister for Jobs, Enterprise and Innovation the way the European Communities (Misleading Advertising) Regulations 1988 are employed here; the number of times the National Consumer Agency have referred anyone to the courts under these regulations; if he and the National Consumer Agency will agree to meet with the Clinical Dental Technician Association to discuss the illegal practice of dentistry here with regards to the European communities (Misleading Advertising) Regulations, 1988 and the Consumer Protection Act 2007; and if he will make a statement on the matter. [1728/14]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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The European Communities (Misleading Advertising) Regulations 1988 (S.I. 134 of 1988) were revoked in 2007. Misleading advertising directed at consumers is now regulated by the Consumer Protection Act 2007, while misleading advertising directed at traders and comparative advertising is regulated by the European Communities (Misleading and Comparative Marketing Communications) Regulations 2007 (S.I. No. 774 of 2007).

As the National Consumer Agency was established in 2007, the year in which the 1988 Regulations were revoked, it has never referred anyone to the courts under those Regulations. Under the Consumer Protection Act 2007, the Agency has a range of enforcement tools at its disposal in addition to prosecution through the courts. Details of all enforcement actions taken by the Agency are recorded in a Consumer Protection list which the NCA regularly publishes on its website, . The Agency has no enforcement role under 2007 Regulations.

The Agency has advised me that it has recently received correspondence from the Clinical Dental Technicians Association of Ireland (CDTAI) expressing concerns about the practice of illegal dentistry and requesting a meeting. While concerns about the practice of illegal dentistry are a matter for the Dental Council, the Agency is willing to meet with the CDTAI to discuss matters relating to the advertisement of illegal dentistry that come within the scope of the Consumer Protection Act 2007 and will be in touch with that body in the coming days with a view to arranging a meeting.

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