Written answers

Wednesday, 12 April 2017

Department of Jobs, Enterprise and Innovation

Dispute Resolution Processes

Photo of Tommy BroughanTommy Broughan (Dublin Bay North, Independent)
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356. To ask the Minister for Jobs, Enterprise and Innovation the actions her Department has taken to ensure information on alternative dispute resolution is available to consumers and businesses in line with the requirements of Article 15 of the European Union directive on alternative dispute resolution 2015; and if she will make a statement on the matter. [18504/17]

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael)
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EU Directive 2013/11/EU of the European Parliament and Council of 21 May 2013 on alternative dispute resolution for consumer disputes was transposed into Irish legislation through S.I.s 343 and 368 of 2015. The Directive on alternative dispute resolution (ADR) caters for business to consumer (B2C) transactions only and is intended to offer a simple, fast and low-cost alternative to civil litigation for consumers in order to resolve disputes between consumers and traders. The scheme is voluntary for traders and there is no obligation on them to participate in ADR procedures which are offered by ADR entities, if they choose not to do so. However, there is an obligation on traders to make consumers aware of the possibility of using ADR procedures if they wish to do so where a complaint about a good or service has arisen. Engagement with ADR procedures does not impair the consumer’s rights under relevant consumer protection legislation.

The requirements in relation to general information contained in article 15 of the Directive were transposed into Irish legislation through sections 5(2), 5(3) 5(4), 6(2) and 12 (2) of S.I. 343 of 2015.

The Competition and Consumer Protection Commission (CCPC) was designated as the competent authority under section 5(1) of S.I. 343 of 2015. The European Consumer Centre Ireland was designated under section 6(1) of S.I. No. 343 of 2015 as the body responsible for providing information and assistance to consumers about accessing ADR entities operating in another Member State relating to disputes arising from cross border sales or service contracts which are competent to deal with a consumer’s cross border dispute.

The CCPC has statutory responsibility for notifying dispute resolution entities as qualified ADR entities to the EU Commission under section 7 of S.I. No. 343 of 2015. The CCPC carries a list on its website of such notified entities. In addition, the CCPC supports the work of the European Consumer Centre Ireland under the regulations in relation to providing information and raising awareness about ADR procedures for consumers in Ireland. Activities undertaken by the European Consumer Centre Ireland to promote awareness and use of ADR procedures include hosting seminars, making public presentations and issuing press releases and publishing leaflets about the use of ADR procedures.

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