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Dáil Éireann debate -
Thursday, 18 Dec 1975

Vol. 286 No. 12

Ceisteanna—Questions. Oral Answers. - Roadside Trading.

26.

asked the Minister for Industry and Commerce the provision he has made for consumer protection in the matter of roadside trading.

27.

asked the Minister for Industry and Commerce the action he intends taking with regard to uncontrolled roadside trading and with regard to traders who rent halls or other large premises for a few days before moving to another area, in view of the fact that such people are promoting the sale of foreign manufacture, which could mean ultimate unemployment for Irish workers; and if he will make a statement on the matter.

With the permission of the Ceann Comhairle, I propose to take Questions Nos. 26 and 27 together.

I have asked the Restrictive Practices Commission to carry out a study of the types of trading referred to by the Deputies. When the result of this is available to me I hope to be in a better position to consider what action should be taken to curb the undesirable effects of such trading.

In the programme of consumer protection legislation on which I am embarking, any provisions which apply at the point of sale will apply to roadside traders in common with all other retailers.

How many study groups are operating in the Department at present?

This study is being carried out by the Restrictive Practices Commission, a body which is constituted for carrying out studies in relation to fair trading matters. It has other studies on hand also.

Would the Parliamentary Secretary not accept that in respect of roadside trading there is ample evidence that the consumer is in need of protection? There is no need for a special study group to learn that.

The trouble is one of (a) having legislation which is fair to all parties because roadside traders have rights just as other traders have and (b) having legislation which would be enforceable. It is the latter which causes the biggest problem in relation to roadside traders.

The Parliamentary Secretary has indicated that roadside traders have a right to sell but what is the position if they sell, for instance, a watch which is known to everybody to be very inferior? Is there any protection his Department can give to the purchaser?

If the roadside trader gives a statement which is manifestly false that is one situation. If the person buying something thinks it is something that it is not and of his own accord buys it without having any representation being made that is another matter.

It is extraordinary that although this unfair competition is going on for many years we are now talking about having the matter investigated. The Parliamentary Secretary is placing emphasis on roadside traders but has not mentioned those who sell in dancehalls and in other accommodation, particularly during the Christmas period. Such people are causing further unemployment and causing hardship to storekeepers who have to pay high rates and the trade union rate of pay to their staff. It is wrong that they must suffer this unfair competition but all the Parliamentary Secretary can tell us is that the matter is being investigated.

In relation to the latter part of the question I can tell the Deputy that the other outlets he has referred to will also be subject to the same study. With regard to his statement to the effect that nothing has been done about this I should like to tell him that I am the first person who has taken steps about this. I have initiated this study and I am hopeful that when it comes to me from an expert body it will provide a basis for action.

As the House is going into Recess written replies will be provided to questions which have not been reached. If any Deputy intimates that he wishes to have his questions postponed for oral answer until after the Recess this will be done.

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