Written answers
Wednesday, 20 September 2023
Department of Enterprise, Trade and Employment
Dental Services
Mairead Farrell (Galway West, Sinn Fein)
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238. To ask the Minister for Enterprise, Trade and Employment further to Parliamentary Question No. 1601 of 11 September 2023, if, given that the Minister for Health has confirmed that under company law issues relating to the refunding of fees are the responsibility of the Department of Enterprise, Trade and Employment, his Department is aware of the approximately 200 patients in Galway that paid approximately €2 million for orthodontal treatment in a clinic (details supplied) which was not provided and have yet to be compensated; and if so, if his Department is considering any action. [40193/23]
Dara Calleary (Mayo, Fianna Fail)
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My Department has no role in relation to the matter referred to which I am informed is before the Courts and as such I do not intend to comment in any specific way.
In general terms the Consumer Rights Act 2022 provides strong and clear consumer rights and remedies when buying goods and services. If a business has not met its legal obligations in relation to providing a service it has to fix the issue. If a business does not fix the issue as set out in the Consumer Rights Act 2022, a consumer can take other actions.
The Consumer Rights Act 2022 does not apply to contracts concluded prior to the commencement of the Act on 29 November 2022 and in those circumstances the Sale of Goods and Supply of Services Act 1980 applies to certain consumer goods and services contracts. Under the 1980 Act, when a consumer pays for a service they can expect the service is carried out with proper care and attention. If this is not the case, a consumer is entitled to revert to the service provider and seek for them to either put right the wrong or provide a?full or partial refund of the amounts paid. Consumers may also submit a formal complaint to the business seeking a refund. Failing a satisfactory outcome at this stage there may be a number of options available to pursue the matter further.
The Small Claims Process (SCP), is one such option which can accept cases up to the value of €2,000 and further information on the Small Claims Procedure, is available on the Competition and Consumer Protection Commission (CCPC) website, ccpc.ie.
In respect of company law, the Companies Act 2014 sets down a framework and directors and companies are expected to operate within its requirements.
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