asked the Minister for Industry and Commerce his policy in relation to the need for improved legislation relating to product liability; whether his attention has been drawn to the current unsatisfactory situation in relation to consumer and public rights generally; whether the Product Liability Directive will be implemented by this country by July 1988, the date set down by the EC; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Product Liability.
61.
The need for improved legislation in relation to product liability was recognised by all member states of the EC when the decision was taken to adopt the Product Liability Directive.
The directive, when implemented, will introduce into Irish law the principle of strict liability which imposes liability on the producer of a defective product irrespective of whether any negligence was involved in the manufacture of the product. The directive is not intended to amend or replace existing law but rather to supplement it. The consumer will, therefore, have additional rights to those he already has under contract law and under the law of tort.
I can assure the Deputy that I am making every effort to have the necessary implementing legislation in place by the deadline of 30 July 1988.
As regards consumer rights generally, I would point out that there is already in existence a substantial body of consumer protection legislation, such as the Consumer Information Act, 1978, the Sale of Goods and Supply of Services Act, 1980, and the Restrictive Practices (Amendment) Act, 1987. On a number of occasions recently, I have advised the House of the progress my Department are making in the implementation of the additional measures to improve consumer rights, at a time when resources generally are limited.
Can I ask the Minister if the Directive will be implemented by July 1988? I was not quite clear about his degree of conviction in that respect.
I am making every effort to ensure that it will be. As I said, the debate has taken place, we have had seminars with interested parties, I have received submissions on it and the memorandum in relation to it is in circulation with Government Ministers at present. I am making every effort to have it implemented by July 1988.
That disposes of questions, both ordinary and priority, for today.