Dáil Éireann debate -
Tuesday, 16 Feb 1999

Vol. 500 No. 4

Written Answers. - Consumer Protection.

David Stanton

Question:

136 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the procedures in place whereby a consumer can have access to redress procedures throughout the EU; and if she will make a statement on the matter. [4445/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

Each member state operates its own code of consumer protection legislation. It is also a matter for each member state to establish procedures for redress, which vary from member state to member state. However, a substantial body of consumer law in all member states derives from EU directives such as the directives on consumer credit, misleading advertising, unfair terms in consumer contracts and timeshare contracts. A number of recently adopted directives, including amendments to the consumer credit and misleading advertising directives, will be implemented over the next two years. Work is continuing at EU level on a number of other draft directives, including the draft directive on certain aspects of the sale of consumer goods and associated guarantees, which is designed to improve consumer protection, inter alia, in transboundary transactions.

Consumer protection legislation, with cross-Border enforcement potential, is beginning to emerge at EU level. Directive 98/27/EC on injunctions for the protection of consumers' interests will ensure access to the courts of other member states by approved Irish bodies, for example, the Director of Consumer Affairs) to protect the collective interests of Irish consumers listed in a number of specified directives, that is, misleading advertising; contracts negotiated away from business premises, doorstep selling; consumer credit, the co-ordination of provisions on television broadcasting activities; package travel, package holidays and package tours, advertising of medicinal products for human use; unfair terms in consumer contracts; timeshare contracts and the distant selling of goods and services. The draft directive on the distant selling of financial services will be added to the list as will the consumer provisions of the draft directive on certain legal aspects of electronic commerce, assuming these directives are adopted. Discussions are continuing at EU level on the possibility of including the draft directive on guarantees, which we are required to implement by the end of the year, in the list of directives encompassed by Directive 98/27/EC.

The European Consumer Centre, Dublin, is part of a network of ten such centres operating in seven EU member states, as follows: France, Germany, Spain, Greece, Ireland, Italy and Luxembourg. The centre provides information and assistance to nationals of EU member states about their rights under Irish and EU consumer law. The centres are required to supply consumers with (a) information allowing them to carry out, with full knowledge of the facts, purchases of goods and services of any nature in their own member state or in any member state of the EU other than the one of their residence; (b) appropriate assistance in the event of problems arising as a consquence of these purchases and (c) as a last resort, information about court and legal recourses which are available to settle legal disputes. The centres are expected to collaborate closely with one another in order to encourage information flows, develop synergies and avoid duplication. The centre is co-financed by the European Commission.

The authorities responsible for consumer protection in EU member states, including the Director of Consumer Affairs in the case of Ireland, refer complaints for investigation and/or follow up, as appropriate, to their counterparts in other member states where the alleged infringement took place.

David Stanton

Question:

137 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the number of regional officers attached to the offices of the Director of Consumer Affairs; the location of each; the plans, if any, there are to open further offices; if so, the locations and timeframe in this regard; and if she will make a statement on the matter. [4446/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

There is only one regional office attached to the Office of the Director of Consumer Affairs. It is situated in Cork city. There are, as yet, no plans to open further regional office.

David Stanton

Question:

138 Mr. Stanton asked the Tánaiste and Minister for Enterprise, Trade and Employment the plans, if any, she has to enhance consumer information and education; and if she will make a statement on the matter. [4447/99]

Minister of State at the Department of Enterprise, Trade and Employment (Mr. T. Kitt)

Informational leaflets on the principal consumer protection measures are available from the Office of the Director of Consumer Affairs, ODCA. The requirements regarding information are under constant review and new material is made available to the public as the need arises.

The ODCA operates throughout the working week a telephone call-in advice line for consumers. There is also a regional office in Cork. ODCA inspectors hold monthly information clinics at selected locations throughout the country where advice is given to personal callers. The Director of Consumer Affairs frequently participates in media discussions on consumers' rights. Staff of the ODCA from time to time take part in consumer phone-in question and answer sessions on local radio. The Director of Consumer Affairs is presented on the Consumer Education Development Committee, CEDC, established by the Minister for Labour in 1992. Other members of the CEDC include representatives of the Consumer's Association of Ireland, the Department of Education and Science, the Vocational Educational Committee of Offaly and Tipperary North Riding and the Curriculum Development Unit of the City of Dublin Vocational Education Committee. In 1997, a representative of the National Council for Curriculum and Assessment, NCCA, was appointed to the Committee.

The CEDC has been active since its establishment. A study pack, entitled Consumer Action, containing materials on consumer education was prepared in 1993. The pack was piloted in five centres for the unemployed in 1993. It was updated in 1994 within financial assistance from the Consumer Policy Service of the EU. The updated pack was piloted in adult education centres, Youthreach centres and in schools offering, the transition year programme. A series of in-career professional days were arranged for teachers and tutors of the pack. In 1995, the results of these pilot programmes were reported at a national conference on consumer education. The conference was attended by delegates from Ireland, North and South.

In 1996, the CEDC commissioned a discussion paper on Consumer Education in Ireland. The paper, Towards a Critical Awareness of the Marketplace, which looked at aspects of consumer education in Ireland within the context of consumer protection generally, was published in 1997. It made a number of proposals for the development of consumer awareness through the educational system. A conference is planned for March of this year to co-ordinate responses to the discussion paper. It is intended that a wide variety of interests from various sectors in Irish education will be represented at the conference. The CEDC is currently engaged in a project entitled Teaching the Consumer. The project is grant-aided by the European Commission. The Consumer Council of Northern Irealnd and the Consumentenbond of The Netherlands are partners in the project. The project is designed to increase awareness of students and teachers at primary and secondary school levels on a wide range of consumer issues. Through the students and the providers of the materials it is expected that the information will extend outwards to a larger group of consumers, especially those in the disadvantaged and marginalised groups. The materials will be used in the national network of adult and youth education centres. The project is scheduled to run from 1 September 1998 to 31 August 1999.