Cathal Crowe (Clare, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

419. To ask the Minister for Enterprise, Trade and Employment if he has any plans to amend the Casual Trading Act 1995 to include the provision of services; if so, the timeline for amendment of the 1995 Act to enable local authorities to make casual trading bye-laws for the provision of services in addition to goods; and if he will make a statement on the matter. [17331/25]

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

My Department carried out a review of the Casual Trading Act 1995 (CTA) and Occasional Trading Act 1979 (OTA) in 2018. Part of this review included a Public Consultation and the review made recommendations concerning the implementation of the CTA and how it was working. However, the review was completed before COVID-19 and trading and markets in general may have moved on or changed since then.

Over the intervening years, my Department has delivered a large swathe of consumer law. Individually, they represent major pieces of legislation aimed at improving consumer protection. Taken as a suite of measures the increase and improvement they bring about to the consumer, including for the provision of services, is considerable.

The Consumer Rights Act 2022 has brought about a number of positive changes for consumers including stronger rights to redress for faulty goods and, for the first time, consumers will have the same rights and protections over digital content and digital services, as they have for traditional products and services.

The Representative Actions Act 2023 is the first legislation of its kind in Ireland as it allows for a group of consumers to take an action against a trader to the High Court, using the services a Qualified Entity, for an infringement of their consumer rights.

The Price Indications Directive (PID) tightens up the rules on sales advertising and prevents businesses from misleading consumers when communicating price reductions, which means that any advertised price reduction will have to include the previous price of the product.

The EU Directive on Empowering Consumers for the Green Transition came into force on 27 March 2024 and is due to be transposed into law by 27 March 2026. The Directive ensures that companies do not make unsubstantiated green claims on environmental benefits and it ensures that consumers are provided with information on guarantees, as well as information on the repairability of the product, the aftercare service and digital or software updates.

The Right to Repair Directive will make it easier for consumers to seek repair instead of replacement and repair services will become more accessible, transparent and attractive.

The General Product Safety Regulation (the GPSR) came into force on 13 December 2024 and it lays down essential rules on the safety of consumer products placed on the EU market.

Negotiations are currently underway on the amendment of the Alternative Dispute Resolution (ADR) Directive which aims to better serve consumers by amending the ADR framework to fit to digital markets, enhance the use of ADR in cross-border disputes and simplify ADR procedures.

Given this legislative agenda, the possible changes in trading and markets post COVID-19, and the time that has elapsed since the initial review of the CTA and OTA, my Department will need to consider the position again to determine how to best progress this piece of work.