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Dáil Éireann debate -
Thursday, 23 Feb 1967

Vol. 226 No. 11

Ceisteanna—Questions. Oral Answers. - Foam Rubber Purchase.

49.

asked the Minister for Justice whether he is aware that a furniture manufacturer (name supplied) purchased a quantity of foam rubber in January, 1966, from a Dublin firm (name supplied); that on delivery an inspector of weights and measures took a sample of the material and found it to be 25 per cent deficient, that the furniture manufacturer has not been allowed to use this material since; and, if so, if he will state (1) why no positive action has been taken in the matter for over a year, (2) what action it is proposed to take and (3) whether any redress is available to this person either by having his money refunded or whether any action can be taken to ensure that he is supplied with a similar quantity of foam rubber which will meet the standard required.

A complaint was made by the furniture manufacturer in question to the Garda on 4th July, 1966, in relation to foam rubber delivered to him in January, 1966. A small sample was taken by the Garda and retained by them as possible evidence in any criminal proceedings under the Merchandise Marks Act, 1887, that might be directed by the State Solicitor, to whom the matter was referred. No test was made by or on behalf of the State, but before the matter came to the notice of the Garda, the furniture manufacturer had had some tests carried out privately. Furthermore a civil bill had been issued against him at the instance of the suppliers, and he had, as a result, paid for the consignment.

The State Solicitor advised the Garda on 30th November that a prosecution could not succeed.

The small sample was returned on 7th December, 1966.

At no stage was the furniture manufacturer required by the Garda not to use the foam rubber. In fact he had already used some before the Garda knew anything about the matter.

I cannot advise on the legal position as between the furniture manufacturer and the supplier in relation to the goods in question.

What was it deficient in—foam?

Foam. It is a commodity in very plentiful supply.

Anything the Minister puts his hand to would have plenty of blather in it.

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