asked the Minister for Industry, Trade, Commerce and Tourism if he intends to make standard I.S. 251 legally enforceable in order to prevent waxing in home heating oils.
Ceisteanna—Questions Oral Answers. - Home Heating Oils.
10.
The standard referred to by the Deputy is a voluntary one and cannot be made mandatory as it does not involve considerations of public safety which are the only grounds on which mandatory measures may be introduced under the Institute for Industrial Research and Standards Act, 1961.
In January this year the Institute for Industrial Research and Standards reported——
Will the Deputy ask a question?
Will the Minister inform the House of the outcome of the investigations?
That is a separate question.
Is the Minister aware that during a severe winter three years ago the major oil companies entered into an agreement not to sell oil on the home market that would freeze above a temperature of minus 9Cº? Obviously the companies have reneged on this agreement. I wish to know what action the Minister proposes to take with the companies.
The voluntary arrangement that might have been entered into by the oil companies would be primarily a matter for the oil distribution section of the Department of Energy rather than for my Department. I am not in a position to give detailed information on this matter. My Department are concerned merely in so far as the Institute for Industrial Research and Standards are in a position to make standards. Actual consumer protection by voluntary means would be a matter for the Department of Energy and I do not wish to discuss that.
Surely if the oil companies are selling products that are substandard or are not meeting the requirements of our climate it is the Minister's function to deal with the matter. I should like to know what action the Minister proposes to take.
The Industrial Standard No. 251. to which the Deputy has referred is a voluntary standard. That means that if it is indicated by the seller of the oil that it complies with the IIRS standard, the buyer has a civil case against the seller if it is found that the oil does not comply with the standard. However, this standard does not allow me to pursue people from the criminal point of view who sell oil that does not comply with the standard. I am advised that it is not possible for me to make a mandatory standard in respect of which criminal sanctions could be applied because such mandatory standards can only be made under the IIRS Act where considerations of public safety apply. It is the legal view that this problem would not come within the definition of an issue of public safety.
I am somewhat unhappy with the situation here. Surely the Minister could draft legislation to ensure that companies supply oil that is suitable for our climate? I ask him if he will consider doing so.
In view of the importance of the matter and the points made by the Deputy I will undertake discussions with the Minister for Energy with a view to seeing if an amendment of the IIRS legislation or some other consumer protection measures that would carry criminal sanctions would be appropriate in this case. I will be in a position to report to the Deputy within three months on the progress of these discussions.
Is there any possibility of the Minister dealing with the problem under the existing consumer protection legislation?
That is the thought that is in my mind. It may be possible to do that.