Written answers

Tuesday, 16 January 2018

Department of Jobs, Enterprise and Innovation

Gift Vouchers Data

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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621. To ask the Minister for Jobs, Enterprise and Innovation the changes proposed to protect the rights of persons when redeeming gift vouchers within a specified time limit; and if the introduction of a minimum valid period substantially greater than 12 months is being considered. [54604/17]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department published the draft Scheme of a comprehensive Consumer Rights Bill for public consultation on 25 May 2015. In addition to Parts dealing with the consolidation and updating of the law on the supply of goods, digital content and services and on unfair contract terms, the draft Scheme contains a number of provisions for the regulation of gift vouchers, including a proposed ban on expiry dates in contracts for the supply of gift vouchers. The responses to the gift card provisions raised a substantial number of issues, including concerns expressed by businesses about the impact of a complete prohibition on expiry dates and the need for clarity and certainty in respect of the regulation of gift cards that come within the scope of the European Communities (Electronic Money) Regulations 2011. However, I wish to repeat a willingness by previous Ministers to listen to other views and possible approaches to the issue of gift vouchers, such as a requirement that they remain valid for a set period. 

While I am anxious to progress the Scheme of the Consumer Rights Bill, I have to take account of current European Union legislative proposals for Directives on consumer contracts for the supply of digital content and consumer contracts for the online and other distance sale of goods. These proposals which were announced in May 2015 and published in December 2015 overlap very substantially with two of the main parts of the draft Scheme of the Consumer Rights Bill. Discussions on the digital content proposal at working party level have proceeded rapidly with a general approach reached at the Justice and Home Affairs Council in June 2017. The proposal will now be considered in a trilogue with the European Parliament during 2018. Discussion at Council level on the second proposal on online sales has only just commenced.

Nonetheless, I am considering the advisability of bringing forward a legislative proposal to the Oireachtas when a directly related and fully harmonised legislative proposal may be at an advanced stage of the European Union legislative process. The wisdom of introducing legislation in the Oireachtas in 2018, if large parts of that legislation would have to be repealed or substantially amended within a relatively short space of time, is obviously open to question. However, I will continue to review the progress of the two European Union proposals with a view to deciding the best course of action to take with regard to the Scheme of the Consumer Rights Bill.  

I would also like to draw the attention of the Deputy to the very useful information for consumers on the issue of gift vouchers on the CCPC website www.ccpc.ie.

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