I propose to take Questions Nos. 92 and 93 together.
Member states of the European Community are currently examining a proposed directive requiring that unfair terms are not used in contracts concluded with consumers. If the proposal as currently formulated is adopted, member states will be obliged to ensure that a competent authority controls contract terms. The proposal however is still at a relatively preliminary stage of consideration.
The Deputy will be aware that in Ireland the Sale of Goods and Supply of Services Act, 1980 establishes the rights of consumers and responsibilities of sellers in contracts for goods and services.
Duties and obligations arising under the legislation are ultimately a matter for the courts. The Director of Consumer Affairs is responsible for supervising the operation of the legislation and has powers relating to the terms on which goods or services are supplied.
Apart from the proposal mentioned, no specific proposal relating to a system of common contract has emerged at European Community level.