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Dáil Éireann debate -
Wednesday, 28 Nov 1979

Vol. 317 No. 2

Supplementary Estimates, 1979. - Sale of Goods and Supply of Services Bill, 1978: Fifth Stage.

Question proposed: "That the Bill do now pass."

I said earlier, in connection with sections 6 and 13, that we have a new situation developing where criminal law is being introduced into civil law in regard to the sale and purchase of goods for the first time. I ask the Minister, because of the importance of it and of the fundamental change that is taking place, seriously to consider the situation in regard to the motor vehicle trade as outlined in the Bill and especially in regard to the regulations she is bringing in this morning.

There is some merit in section 13 in regard to a dangerously defective vehicle at the time of delivery which renders it a danger to the public, including persons travelling in the vehicle. It is very hard to argue against that. On the other hand, in regard to the ordinary transactions involving motor cars, people in their ordinary day to day dealings are being placed in a situation where they may find themselves charged in court and liable to jail sentences. This is a fundamental change. Before the Bill goes to the Seanad the Minister, as she has done in the past, should meet the people involved in the motor industry once more to see if she can allay their fears. I am concerned about this matter.

It is hard to argue against the Bill but I feel we must try to protect consumers. There is also an obligation on all Deputies to ensure that people in their ordinary day to day business are not branded as criminals without taking great pains to ensure that we safeguard their interests and rights. I want the Minister to appreciate my concern in regard to this fundamental change. Its consequences may be far reaching and may cause serious difficulties for ordinary people in the motor trade. The vast majority of those whom I have met in the course of my business are honest people in their day to day dealings.

Those people are going through a difficult time.

I am worried in case this Bill will have serious repercussions on the day to day affairs of people in the motor trade. Those people are now liable to prosecution and, on conviction, liable to heavy fines and the threat of jail sentences hanging over their heads. We should be very careful to safeguard against such threats. A garage owner purchases a vehicle brought into his garage after he has made a careful examination of it. He examines the vehicle further before he sells it. Sometimes, through a oversight, a serious defect is not seen on examination. The owner of that garage can still find himself liable to be charged and convicted in court. I appreciate that the Minister has met the motor trade and I appreciate her goodwill in regard to this. Before the Bill reaches the Seanad and while it is going through the different Stages in that House I ask the Minister to look at this again and to meet the motor trade. That is my main concern about the Bill, which is a good one. This is a fundamental change in regard to the ordinary day to day business of people who sell cars and I hope the Minister will give it further consideration.

I said on Sécond Stage, on Committee Stage and again on Report Stage that it was never my intention to bring the Bill into either House of the Oireachtas and push it through my way without taking into account the opposition which the Opposition might have or indeed any section of the trade might have to various provisions in the Bill. I have said there were tremendous pressures on me about section 13, which I believe Deputy Enright appreciates. There were pressures on me not alone from the Opposition here but from the trade and from within my own party. I could have taken the easy way out and left out section 13, exempted the motor trade from any provisions of the Bill. That would have been a cowardly thing to do. It would have been wrong to exempt any section of the trade or any section of business from the provisions of the Bill.

I am primarily concerned with ensuring that consumers get adequate protection, which I feel they were sadly in need of up to now. I reiterate what I already said, that I am prepared to be co-operative, to meet the trade and to try to alleviate any fears they might have about the provisions in the Bill. In cases where any section of the trade have made a good case for exemption or amendment to the Bill I have been prepared to accept it. That situation will continue until the Bill is passed by both Houses.

Question put and agreed to.
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