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Dáil Éireann debate -
Thursday, 23 Nov 1972

Vol. 263 No. 13

Ceisteanna—Questions. Oral Answers. - Consumer Protection.

46.

asked the Minister for Industry and Commerce if any safeguards exist against the mass importing of cheap items of clothing and footwear from Common Market countries after 1st January, 1973, with particular regard to protecting home industries which produce these items.

The customs duties which at present apply to clothing and footwear manufactured in countries of the European Economic Community will continue to operate until 1st April, 1973. The duties will then be subject to a 20 per cent reduction for goods from all member countries except the UK for which a different programme applies. There will be a further 20 per cent reduction on the 1st January, 1974, and on each subsequent 1st January until 1976 with a final reduction on 1st July, 1977.

The current duties on articles of clothing imported from the present EEC member countries and Denmark vary considerably depending on the type of goods and the constituent material but a duty of 60 per cent applies in respect of the majority of items. The present duty on footwear from these countries is 54 per cent or 45 pence per pair, whichever is the greater.

The rates of duty which now apply to goods of United Kingdom origin and the programme of reductions which will operate on these duties are determined in accordance with the provisions of the Anglo-Irish Free Trade Area Agreement.

Measures to protect Irish industry against dumping of clothing and footwear by member states of the Community during the transitional period up to 31st December, 1977, can be taken under Articles 136 and 137 of the Treaty of Accession. The EEC Commission can, on receipt of a dumping complaint, take action under Article 136. Article 137, which is a special provision applicable to this country, entitles us to take the necessary protective measures against dumping in cases of urgency, subject to post factum approval by the Commission.

I might add that there is also a general safeguard provision contained in Article 135 of the Treaty of Accession which provides that if before 31st December, 1977, difficulties arise which are serious and liable to persist in any sector of the economy, a new member state may apply for authorisation to take protective measures in order to rectify the situation.

In spite of the Minister's long answer, he has not indicated that there will not be massive redundancies in these various industries when we join the EEC. Is the Minister not well aware that as these tariffs are reduced we will have massive imports of stuff from the EEC countries?

I was asked whether any safeguard exists against the importation of cheap items of clothing and footwear from Common Market countries. The length of the reply was necessitated by reason of the volume of safeguards which do exist.

We all know that when there is a long reply it means there is not a proper answer. A proper answer can be given in a few words.

Is the Minister satisisfied that Article 135, which comes into operation in 1977, will be adequate to ensure that there will not be massive redundancies in the meanwhile?

If at any time before the 31st December, 1977, difficulties arise which are serious——

Any time before?

Yes.

47.

asked the Minister for Industry and Commerce whether the introduction of a Trades Description Bill to protect consumers is under consideration.

48.

asked the Minister for Industry and Commerce when he expects to introduce legislation for consumer protection; and the form it will take.

49.

asked the Minister for Industry and Commerce whether any further measures to give greater protection to consumers are under consideration; and whether he is aware of recommendations to this effect made by the National Prices Commission.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 47, 48 and 49 together.

I have been conscious for some time that the considerable volume of consumer protection legislation already in existence needs to be complemented and brought up to date to meet modern requirements. I have asked the National Prices Commission to examine in depth the whole field of consumer protection, and I do not intend to take any major decisions as to what measures I might apply to give better protection to consumers until I have received their report.

Would the Minister agree that it is a matter of grave concern and a matter of curiosity to Deputies to hear that he has been conscious for some time? When did this consciousness reach the point at which he came to a decision? I recall being on a television programme with the Minister one year ago in which I urged on him the importance of bringing in consumer legislation. Is it a fact that the consumer legislation contemplated now is modelled on the British Act of 1968? Why have we had to wait four years before the Minister became conscious of this problem?

Is he also aware of the fact that he made the same statement one year ago—that he was conscious of this?

He has been unconscious for the past four years.

He has been unconscious since he stated he was conscious one year ago.

He has been concussed since he was appointed.

When all the smart Aleck cracks are completed——

This is a very serious matter and the Minister has done nothing about it.

There is a battle going on between Deputy O'Connell and Deputy O'Leary to see which of them can choose the more derogatory adjectives to describe the Minister.

Give us an answer.

I want to state quite clearly that the arrangements are not modelled, as such, on the British Trade Descriptions Act. All of the good things in the British Act will be embraced in this legislation.

Were those good things not in it in 1968? Why did we have to wait until 1972?

When I have the final report from the National Prices Commission I hope that the legislation I will be introducing will embrace even more than the Trade Descriptions Act.

Is the Minister meeting with much opposition?

Then why the delay in introducing it?

Consumer protection legislation can be extremely widespread. Because of the expertise in general price matters, and the general knowledge which is emanating through the monthly reports from the National Prices Commission, I thought it was wise that I should consult the commission and that I certainly should not rush the legislation.

Question No. 50.

Is the Minister aware that in Great Britain there is complete satisfaction with the Trade Descriptions Act and that there would be no dissatisfaction with it here? Could he not avail of the expertise which was made available in the preparation of that Act and introduce a Bill here? If amendments were needed they could be introduced later. We need same legislation here to protect the consumer.

I am satisfied that there are good things——

In the meantime people are being exploited.

Let us get on with Questions. Question No. 50.

The National Prices Commission called for this action some years ago.

The National Prices Commission were set up about 12 months ago.

When we were on that television programme we discussed this and the Minister agreed that it should be done.

That is nonsense.

I have called Question No. 50.

Will the Minister state when he was first asked——

Will this cross-examination please cease? I have called Question No. 50.

When was the need for such legislation first brought to the Minister's attention? I will put down another question next week.

50.

asked the Minister for Industry and Commerce whether he is aware that shoppers who seek the best bargain are hampered by the manufacturers' failure to state the contents by weight or measure; and whether he proposes to make product description of goods compulsory as an aid to shoppers.

The Merchandise Marks Act, 1970, enables me to require packers to show the quantity of contents on prepacked goods and an order to this effect has been prepared. Certain recent EEC proposals in this field have caused delay in finalising it.

I have no power to make product descriptions compulsory, but I agree that some strengthening of the legislation in order to impose additional requirements as regard labelling would be desirable. I do not intend to frame specific proposals, however, until I have received and studied the report which the National Prices Commission has agreed to prepare for me on the whole field of consumer protection.

In becoming conscious of the problem referred to in the previous question, the Minister may have noticed certain consumer reactions in the press in regard to the lack of product descriptions. The consumers who have been left unprotected by the Minister's lack of activity over the past year, have been even more vulnerable to getting bad bargains. In the light of no activity being undertaken by the Minister to protect the consumer, will he agree that this, at least, could be done?

Question No. 51.

As I see it, the Minister is guilty of dereliction of duty. He is now adding to that by refusing to answer a supplementary which is relevant to the question.

I am fully mindful of the question of the customer being hampered by failure to state the contents by weight or measure. I am making arrangements to make an order to cover this type of situation. On the question of making product descriptions compulsory as an aid to shoppers, this brings me to the field of further legislation. I have not got the power to require that there should be a product description of the ingredients contained in packages. This arises in connection with the further consumer protection legislation I was speaking about. I have power in regard to stating the contents by weight or measure under the Merchandise Marks Act. I am preparing an order which will indicate that the weight of certain commodities should be displayed.

When does the Minister visualise this order becoming a reality? Before the Christmas shopping season?

I hope so.

How long has the Minister that power?

Since the Merchandise Marks Act, 1970.

And nothing has been done?

Something is being done. It would be completely illogical and improper for the Minister to make the type of order I am proposing to make, without considering its implications from the point of view of the manufacturers and the packers.

In cases where the manufacturers have not got a conscience——

I do not accept that the manufacturers have not got a conscience.

Is the Minister aware that similar packets in Britain are marked with the contents and the weight?

We cannot have a discussion.

Why cannot the same practice be introduced here? Because the Minister is so lax?

(Interruptions.)

The Minister has the power but he has done nothing. That is a dereliction of duty.

He is a candidate for a reshuffle in the Cabinet.

To the back benches.

51.

asked the Minister for Industry and Commerce whether any liaison exists between the prices inspectors appointed by him and consumer interests and trade unions; and whether any reports will be made available to such groups.

52.

asked the Minister for Industry and Commerce whether the prices inspectors are maintaining contact with the housewives' organisations, consumer groups and trade unions in their work on price surveillance.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 51 and 52 together.

No direct liaison exists between prices inspectors and consumer interests and trade unions. The National Prices Commission is representative of these groups and will receive the reports of the prices inspectors on their price surveillance work. The commission propose to publish the results of this surveillance work in their monthly reports.

In the light of the fact that the consumer has been given no legislative protection by the Minister, would he agree that an ad hoc arrangement could have been made between the prices inspectors and the voluntary consumer groups which have sprung up in the absence of any activity on the part of the Minister? Would the Minister agree that it would be a good development if the prices inspectors had liaison with the voluntary groups? The Minister's consciousness may not have been acute enough to notice that over the past few weeks there has been a feeling amongst the public almost amounting to a revolution on this matter. The Minister has given them no legislative protection. In a panic he appointed prices inspectors at the last minute. I am saying they should have some liaison with the voluntary groups which have sprung up without any help from the Minister.

Voluntary groups have certainly sprung up without any help from me. I set up a committee which is representative of the Irish Housewives and the Consumers' Association of Ireland under the chairmanship of the chairman of the National Prices Comsion to recommend to me the best way in which this type of thing can be coordinated.

53.

asked the Minister for Industry and Commerce if he proposes to introduce legislation to clarify the labelling of canned foods to give customers a clear indication of the date on which the food was canned.

This question is under consideration as part of the general programme of consumer protection. It is a very involved problem on which views even of consumers vary greatly, and the practices of many countries which have been studied indicate wide disparities.

It is being considered by the Codex Alimentarius Commission— under the joint auspices of the World Health Organisation and the Food and Agricultural Organisation—and also by the appropriate EEC bodies. Some EEC requirements and some of the standards drawn up by the Codex Commission are expected to call for the marking of the date of manufacture on pacaged goods.

I think it would be premature for me to come to final decisions on the subject while it is still under examination by these bodies.

When the Minister is considering this will he take what I have raised into consideration? The reason I put down the question was to ensure that the dates would be clearly stamped on the canned foods. A situation can arise in which new stock comes in and is put in the front and the old stock is left at the back. It would be much better for shopkeepers and the public generally to have the date stamped clearly on all canned foods.

There are different views on this. The most important thing of all is the quality of the stuff going into the can. One could have a recently packed can in which the quality might be inferior while a can six months old might contain superior quality.

Is the Minister aware there is an expiry date on canned foods?

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