Seán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

649. To ask the Minister for Jobs, Enterprise and Innovation if her attention has been drawn to incidents in which fake mobile phone chargers have been known to catch fire; and if so, her plans to regulate or legislate on this issue to address public health and safety concerns. [39887/16]

Mary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Mobile phone chargers are classified as electrical equipment and the current product safety legislation covering electrical equipment is the European Union (Making Available on the Market of Electrical Equipment Designed for Use within Certain Voltage Limits) Regulations 2016 (S.I. 345 of 2016), which was signed into law on 29 June 2016. These regulations transposed the requirements of the Low Voltage Directive 2014/35/EU into Irish law and replaced the European Communities (Low Voltage Electrical Equipment) Regulations 1992 and 1994 which implemented the requirements of the previous Low Voltage Directive 73/23/EEC.

The Competition and Consumer Protection Commission (CCPC) is the statutory body responsible for the enforcement of domestic and EU competition and consumer law in the State and, as such, is charged with enforcing S.I. 345 of 2016. Section 9 (5) of the Competition and Consumer Protection Act 2014 provides that the CCPC is independent in the performance of its functions, including carrying out investigations. As investigations and enforcement matters generally are part of the day-to-day operational work of the CCPC, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter.

However, I understand from the CCPC that it examined a number of consignments (including mobile phone chargers) that were referred by the Customs authorities under Regulation (EC) no 765/2008 of the European Parliament and of the Council of 9 July 2008 (setting out the requirements for accreditation and market surveillance relating to the marketing of products). In these consignments where phone chargers were found to be unsafe or not compliant with the requirements of the regulations, the CCPC instructed the Customs authorities to suspend the importation and the products were detained in order to protect consumers.

Matters relating to fake or counterfeit products do not come within the remit of the legislation enforced by the CCPC: they come under the remit of An Garda Síochána, or Revenue and Customs authorities. However, where the CCPC receives information relating to fake or counterfeit products in the course of an investigation that information is forwarded to the relevant authority by the CCPC. I understand that in July 2014 the CCPC uncovered information relating to the sale of possible counterfeit mobile phone chargers in the Cork area and forwarded that information to An Garda Síochána in Cork. An Garda Síochána subsequently conducted their own investigation which resulted in the successful prosecution of the retailer in 2015.