In the few minutes available to me I wish to draw the attention of the Minister to a matter of serious concern to many people throughout the country, but particularly in the midlands area, in view of the practice of a company in County Kilkenny in the business of selling timeshare apartments in what was formerly an abbey. The practice is quite simple, is within the law, is very sharp and warrants a change in our consumer protection legislation.
Members of the public are invited through the post by means of a document compiled from the electoral register to attend at an abbey in County Kilkenny to collect one of a range of prizes ranging from a colour television to a £1,000 holiday. When one arrives at the abbey one is placed in comfortable surroundings and encouraged, in a very highly pressurised way, to sign for a timeshare holiday in the abbey at a cost of £5,000. Quite a considerable array of documents are presented to the parties. These highly technical documents are strictly above board but the parties should have independent advice prior to signing them. I urge the Minister perhaps to direct the Director of Consumer Affairs and Fair Trade to investigate the matter and to see if it is within his powers at least to warn unsuspecting members of the public about what is happening. The absence of independent advice is crucial, given the highly technical nature of the jargon involved. I will read a brief extract:
(1) The purchaser hereby admits that he has been given a copy of the documents listed at paragraph (7) of the schedule hereto and that he has read and understood the same. (See page 3 of the constitution.)
I am talking about documentation and jargon of a highly technical and legal nature which the layman is not expected to understand. Many — I daresay hundreds — of unsuspecting members of the public have signed for this arrangement, committed themselves to the tune of £5,000 and regretted their unfortunate — and perhaps foolish — signing as soon as they left the abbey. When contacted the following day, the response of those involved is that they have signed a legally binding agreement and that there is very little they can do but to cough up the balance of the money forthwith.
The law must be changed in two respects; it must allow for a cooling off period so that people will not be encouraged to sign an irrevocable contract without the benefit of such a period. They should have a few days in which to discuss the matter with family, friends and other people. In other jurisdictions this cooling off period is allowed and independent advice is crucial. The Minister must give a commitment to stop this unfair and high pressure selling.
People are informed that loans can be arranged. If you do not bring your cheque book, a home-made cheque is manufactured on the premises and all you have to do is to slot in your bank account number. They tell you that if you sign this home-made cheque the company will look after it. They duly contact your bank manager and, because it is a cheque signed by the individual, he has an onus to pass it unless contacted by the person in the meantime. People have remained on the premises without the benefit of independent advice and are in a position of great weakness.
Having regard to the highly technical nature of the document and the fact that this whole arrangement is orchestrated by people who have the benefit of the best legal advice as to the formation of contracts which are fully binding within the terms and conditions of Irish law.
Will the Minister have the matter investigated with a view to committing himself to greater consumer protection which was promised long ago and which would certainly give an element of protection to many members of the public who find themselves in an unfortunate position and down many thousands of pounds?
